Eddy v. Anderson
鈥'[I]f the landlord neither knew nor reasonably should have known of the condition that constituted noncompliance,鈥 and the 'tenant knew or reasonably should have known of the condition and failed to give actual notice to the landlord in a reasonable time prior鈥 to the damage, the tenant is not 'entitled to recover damages鈥 for the landlord鈥檚 noncompliance with the habitability requirements.鈥 ORS 90.360(2). ORS 90.370(1)(a) requires a tenant to 鈥減rove that[,] prior to the filing of the landlord鈥檚 action[,] the landlord reasonably had or should have had knowledge or had received actual notice of the facts that constitute the tenant鈥檚 counterclaim.鈥
Area(s) of Law:- Landlord Tenant
Martinez v. Cain
鈥淲hen the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.鈥 ORS 161.067(1).
Area(s) of Law:- Criminal Law
State v. Iseli
Under OEC 804(1)(e), a witness is unavailable in situations where the declarant "is absent from the hearing and the proponent of the declarant's statement has been unable to procure the declarant's attendance by process or other reasonable means."
Area(s) of Law:- Evidence