Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Lbs Homework Sheet
Quinain v. Doe, 516140 App. Div., 3rd Dept (2013)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
The plaintiff are a group of people who developed a close relationship with George Rossi and took possession of his parcel of land after his death.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The legal question to be answered is whether the plaintiffs legitimately took possession of the parcel of land subsequent to Rossi's death or if the distant family members of Rossi actually are entitled to possession of the land.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
The decision had a couple of layers. First, both George Rossi himself and his brother that died before him (Peter) died intestate, which means they had no last will and testaments. Second, while George Rossi died last, he was not the legal owner of the property as he had bestowed or sold it to his late brother before Peter died. As such, George...
The Defendants technically had a claim at the time of Peter's death but no legal claim was filed and the Plaintiffs took adverse possession.
What is the precedent or holding established by the court's ruling that will be followed in subsequent similar cases? Not just what the court does -- such as reverses the decision of the court below or awards damages to plaintiff -- but what is the proposition for which another party might cite the case?
There were several cases cited within his one including Fry v. Village of Tarrytown and Page v. Marusich, among others. People that cite this case would point to who claims a property, with what timing and what the legal heirs do while all that is going on. Had the descendants of Rossi acted before adverse possession took place, they might have had a claim as family bloodlines or marriage would be the typical ways by which property passed. However, since the Plaintiffs had already assumed care, custody and control of the land, that never came to pass.
Poyck v. Bryant, 2006 NY Slip Op 26343, 13 Misc. 3d 699 (2006) (9/24)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government)…
References
FindLaw. (2014, September 24). QUINLAN v. DOE. Findlaw. Retrieved September 24, 2014,
from http://caselaw.findlaw.com/ny-supreme-court/1636565.html
FindLaw. (2014, September 24). POYCK v. BRYANT. FindLaw. Retrieved September 24,
2014, from http://caselaw.findlaw.com/ny-civil-court/1186845.html
" (Lee, 2009) Core labor standards are stated by Lee (2009) to be "more or less the basic labor rights: that is, the International Labor Organization (ILO) core labor standards that have been confirmed by the UN Global Compact and adopted or discussed by the GRI and ISO 26000." (Lee, 2009) Those standards include the following: (1) a guarantee of the three labor rights (organizing, collective bargaining, and collective action) based
The questions on legal liability issues were minimal as the field of legal issues is new in nursing. The questions addressed a theoretical part regarding the legal liability issues. They were no need of clarification since the questionnaires were easy and self -- administrative. Although the researcher was there for assistance but telephonically. 1.7. Data analysis In this chapter, the analysis is discussed in detail. Data was collected by means of
CC: Dr. Thomas Furlow Statement of Facts: Our client, Dr. Thomas Furlow, has been sued by his patient John Brown. Furlow examined Brown and discovered an infected tooth; he advised Brown to return for treatment. Instead, Brown went on vacation. While camping in the desert, Brown's tooth infection worsened, spreading through his body, causing pain and putting his life at risk. Brown sued Furlow on the grounds that Furlow had failed to
In addition to the monthly rent, the lessees paid the trust all real property taxes that were assessed on the property. The trustee took a fee from the percentage of rental income received and from a percentage of the real estate tax that was collected, and the beneficiaries objected to the trustee imposing a fee on the tax money received by the trust. Issue: Did the court err when it
S. Supreme Court might have held the status of this particular land and the resulting court decision to different standards and might have even reversed decisions of law however, the failure of this point to be addressed in the previous petition barred this point from being addressed by the court in the latter decision. Bibliography City of Sherrill, New York v. Oneida Indian Nation of New York et al. Certiorari to the
Owen should open Owen's Pet Store as a sole proprietorship, as this will provide him with the greatest freedom and flexibility during his initial period of slim earnings and his planned but uncertain expansion (Cross & Miller, 2012). This does leave Owen somewhat exposed in terms of risk to his personal finances, but from the brief details provided in the case it appears as though he is in a highly