Civil Procedure Essays (Examples)

Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts a broad form of subject-matter jurisdiction so that their citizens will be free to try a wide variety of cases in their courts. However, the defining detail is that despite the fact that most courts will be able to hear most claims, there are big differences one which courts can hear which claims with the state courts hearing the bulk load of cases -- 96,000,000 cases per year versus 1,900,000 cases in the federal court (Glannon, 2008). Much goes into selecting the appropriate court to bring a certain case within the realm of civil procedure. As already established, courts have to be determined via personal jurisdiction and subject matter…

Finally, if arbara later filed a separate suit against Linda for the same breach of contract, her claim could be barred due to the theory of Res Judicata.

ecause Joanne's claim in the action does not directly relate to the breach of contract claim filed by Judi, Joanne does not have a right to intervene in the action. However, she can still intervene under the auspices of permissive intervention. Joanne's claim against Linda, also for breach of contract, shares a common subject with the action filed by Judi in that both actions stem from the same action committed by Linda. Further, Joanne's contract with Linda is directly related to the contract between Linda and Judi and arbara. Thus, the outcome of the claim filed by Judi will affect Joanne's claim. For these reasons, along with reasons of Judicial economy, it is more likely than not that a court will permit…

In terms of how the book is structured, the first two chapters logically refer to jurisdiction issues, more specifically on personal and subject matter jurisdiction. The former discusses the court's jurisdiction over a case and the different situations in which it is able to involve itself in hearing a case and in proposing a judgment in that respective case. Notable theories are enumerated here, including the traditional power theory and the theory resulting from the consequences of the Pennoyer v. Neff case. As always, the two chapters are also very actual: there is a specific part of the first chapter dealing with how some of the judicial rules are applied to Internet activities. The second chapter moves to the federal level and discusses the framework that allows a federal court to involve itself in a case and to use its authority to propose a ruling in that case.

With the…

" (Redish and Phillips, 1979) the relationship is not as clear between the standard and balancing test that the court used in the Hanna and yrd case. (Redish and Phillips, 1979; paraphrased)

urbank (1934) states in the "Rules Enabling Act of 1934" published in May 1982 in the University of Pennsylvania Law Review " that unless one is a cynic, it would leave one to wonder "that the original Federal Rules of Civil Procedure survived challenges intact." The decision of the court in more recent decisions such as in Sibbach v. Wilson & Co., has remained essentially unchanged.

SUMMARY & CONCLUSION

Quite simply, the Federal courts do not have the Constitutional right to claim superiority over the decisions made by and within the individual states but instead, the Federal Courts serve to provide a venue for those cases of diversity and in which justice is better served by the hearing…

Harmonization of International Civil Procedure and International Commercial Arbitration

The objective of this study is to address the idea that when all the recently formulated harmonization instruments relating to transnational commercial litigation (including the Hague Convention on Choice of Court Agreements) have been incorporated into national law or international practice, the choice between arbitration and litigation will be put on a level playing field for international commercial contracting parties, with both methods of international dispute resolution bringing the required certainty and predictability. Towards this end, this study will answer specific questions related to international dispute resolution, international civil litigation, jurisdiction, procedure and recognition and enforcement, procedure and international commercial arbitration.

History of Arbitration of Disputes

Goode (2001) reports that the relationship that exists between courts and private tribunals "has not always been as benevolent as it is today."[footnoteRef:1] Historically the central courts are reported to have had a jealous guard…

These rules developed after a long history of court decisions on related topics.

Pleadings and Procedural Rules

Once jurisdiction and applicable bodies of law have been established, effective and comprehensive complaints must be made before the matter can proceed. Complaint sufficiency varies from court to court, but generally includes the facts of the case and often cites relevant laws regarding jurisdiction and other matters, when they are not readily apparent. There are similar prescriptions for answers to complaints, and a variety of procedural rules that must be followed by both parties both in bringing/responding to a suit and during the process of a court hearing or trial.

Discovery, Summary Judgment, and Settlement

An abundant amount of information is subject to discovery rules, but not everything requested in a discovery motion is necessarily required to be turned over by law. The type of information being sought may or may not require…

Any department adopting the civil service procedure to hire is expected to use a hiring ratio, which in most cases is based on criteria that are non-objective. In conjunction with the civil service process, a federal process known as the affirmative action is used, and its main aim is to ensure there are no gender discriminations or biases in relation of ethnic background. it, therefore, helps in transparency during the selection of law enforcement officers. The police agencies should be ready to abide to these criteria for them to acquire the best workforce (Bagley, 2007).

The issues of promotions in the police workforce are also determined by the civil service agency, and the police departments hardly have any mandate to promote their employees. After a certain study, there was a revelation that over 80% of the police bodies and departments in most of the cities, including Iowa, were under the…

Acceptance must be made by an intended party to the contract and must be understood by the offerer before he withdraws or retracts the offer.

And consideration is some forebearance on the part of both sides to make a contract enforceable. For instance, a simple promise is not enforceable. However, when a grandfather promises to pay his grandson $5 for every 'A' in school, and the grandson agrees, there is an enforceable contract in that both sides are giving up something: The student is working hard for grades and gives up his right to slack off, and the grandfather is giving up $5.

Consideration usually cannot be nominal, in that you generally cannot have $1 consideration for sale of a house.

Many other rules apply to contract law, like mutual mistake, unilateral mistake, the mailbox rule that defines when offers and acceptance are valid through the mail, impossibility, frustration of…

California was particularly problematic. Taken from Mexico after the war, California was geographically cut in half along the 36°30, and was therefore legally and politically cut in half. However, residents applied for statehood as a free state in 1850. Congress responded with a set of complicated compromises: California would be admitted as a free state in exchange for the Fugitive Slave Law, which required that citizens residing in free states hand over runaway slaves, who would not be afforded any legal rights. Additionally, the District of Columbia would cease trading slaves, but the institution itself would not be abolished; slaves would not be emancipated. The admission of California as a free state upset the balance of power in Congress. The Fugitive Slave Law fueled the Underground Railroad and underscored the deepening divisions between North and South.

The Missouri Compromise was shot to pieces in 1854, when Kansas and Nebraska were…

Civil vs. Criminal Law
Goals
The American justice system differentiates between civil (tort) and criminal law, with the most significant distinction being that the state generally has the authority to prosecute crimes but not torts, while individuals have the power to directly bring civil but not criminal charges. The goals of a criminal case are to determine the guilt or innocence of the accused, but also to uphold the tenets of the law, protecting the public safety and in many cases offering some form of victim restitution to promote principled justice (“The Difference Between Torts and Crimes,” 2004).
Players
The distinction is due to the perception that crimes are affronts to the state, and require no individual plaintiff. On the other hand, tort law covers contracts between parties and not between one party and the state. The general public represented by a jury plays a part in criminal but not…

This is usually a low standard to achieve. As long as a person acts in a way which avails the person of the protection of the laws of that state, that person has subjected themselves to the jurisdiction of that state (International Shoe).

Next, the complaint will allege subject matter jurisdiction, i.e., that the lawsuit fulfill the requirements for this court to hear it? Pertinent requirements can include how much money haws plaintiff sued for or whether the case poses a question about a federal statute or the U.S. constitution. In many cases involving litigants from different states, the Plaintiff will allege that he is suing the Defendant for an amount greater than $75,000.00, which is the minimum monetary amount for federal subject matter jurisdiction (Title 28 U.S.C. § 1332(a)) and that the Plaintiff does not reside in the state in the same state as any defendant (Am Jur Pleading…

The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).

Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.

The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of…

hen then Governor George allace ordered state troopers to disband the marchers, using tear gas, clubs and whips, President Lyndon Johnson federalized the National Guard and the march continued (Modern 157). The national media coverage of these events led Congress to pass the Voting Rights Act of 1965, which outlawed discriminatory voter-registration tests, and authorized federal registration of persons and federally administered voting procedures in any political subdivision or state that discriminated electorally against a particular group (Modern 157).

Nine days after the assassination of King on April 4, 1968, Johnson signed the Civil Rights Act of 1968, which banned discrimination in most housing and provided penalties for those attempting to interfere with individual civil rights, thus adding protection for civil rights workers and others (Modern 157). Additional legislation added enforcement provisions to the federal government's rules concerning discriminatory mortgage-lending practices, which means that all lenders must report to the…

Hostile ork Environment: According to the 1993 decision of the United States Supreme Court in "Harris v. Forklift Systems Inc.," hostile environment harassment occurs when "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment" (Cross and LeRoy Miller 497). Facts of the Case: In 1986, Teresa Harris, who was employed as a rental manager with Forklift Systems, Inc., complained about comments and behaviors directed to her by Forklift's president, Charles Hardy. She claimed that Hardy's sexually harassing conduct caused her to suffer PTSD-like symptoms and that she was ready to resign when Hardy apologized and claimed he was only kidding. Later, after concluding that the harassment would not stop, she left Forklift and filed her complaint with the EEOC. The case was eventually heard by a U.S. magistrate judge…

The first route entails that the House and the Senate must each ratify the proposed Amendment by a two-thirds majority. Then the bill must be ratified by three-fourths of the states' legislatures within a reasonable time period. The second method would be for the creation of a Constitutional Convention to hear and propose the amendment to the states; this method also requires three-fourths of the state legislatures to approve the amendment. This second procedure has never before been used to amend the U.S. Constitution. In either case, however, it would take a number of years before the Amendment for Total Equality would become law. Furthermore, consitutional amendments are historically rare, and the proposals signficantly outnumbers the legal amendments. Several steps can be taken to ensure the timely implementation of this much-needed constitutional amendment.

Proponents of the proposed Amendment for Total Equality have a steep uphill battle to climb. The tide…

Civil Rights

African-American and Mexican-American

Civil Rights in Texas

This essay discusses African-American and Mexican-American civil rights in Texas. The goal is to discover what some of the key events was in each the African-American and the Mexican-American battles for their group's civil rights. The secondary objective is to see how these movements resembled each other and how they differed from one another and if one was more effective than the other. As the United States and its individual states like Texas become more racially diverse, all new criteria will arise that may be more closely linked to India's caste system than to what we understand and take for granted here in the United States. Economic barriers and not racial barriers are gradually becoming the underlying motivator of the civil rights movement. In other words, being black or Mexican will not matter in regard to civil rights. If the respective…

The Air Navigation Bureau has the responsibility of creating and developing technical studies for the Air Navigation Commissions, and also for developing recommendations that are meant to be used by the air navigation board. These recommendations, grouped under the heading Standards and ecommended Practices or SAPs are related to the efficiency, safety and the regularity of the International Aviation Council. The Air Transport Bureau, on the other hand, is charged with, by the Air Transport, Unlawful Interference and Joint Support Committees, for providing expert assistance for the Assembly, Council, Air Transport Committee or the ATC, the Committee on Unlawful Interference or the UIC, the Committee on Joint Support of Air Navigation Services or the JSC, and the specialized conference, divisional, panel and working group meetings that may be convened in the air transport field. The Legal Bureau would provide legal assistance and aid to the Secretary General, and through him,…

Even "Porter Alexander, Lee's ordnance chief and one of the most perceptive contemporary observers of Lee and his Army of Northern Virginia, called his decision to stand at Antietam 'the greatest military blunder that Gen. Lee ever made'" (Owens 2004). Historians are divided as to the real purpose behind the Maryland campaign, which seems like an "isolated maneuver, another manifestation of Lee's innate aggressiveness as a commander. Some have gone so far as to suggest that Lee's forays into Union territory were undertaken primarily to maintain his claim on scarce Confederate resources that might have been used to greater strategic purpose in the est" (Owens 2004).

hether a demoralization strategy or an effort merely to show Confederate aggression, the focus on Lee in most historians' analysis shows how Lee dominated this conflict, and defined the terms of the battle. Thus, even if Lee acted unwisely, he was clearly 'in control,'…

SUPEVISOS POLICY & POCEDUES MANUAL

Supervisors Policy and Procedures Manual

Phase I Identifying Policy Needs, Overview of Expectations for Supervisors

Facilitating the existence of adequate healthcare staff for the hospital demands the creation of an organization wide policy. For this effort to commence, a workforce summit can be held with representatives from across all departments. There are seven major action areas where policy makers must focus. While demonstrating how the action areas can be implemented, various strategies will be given for each action area. An action must target activities relevant to all stakeholders. When compared with other healthcare facilities, the organization has limited information about the product and availability of most health disciplines. Outdated and incomplete information causes efficiently targeting resources challenging for the organization. This requires the existence of the health workforce tracking policy for gathering and analyzing workforce trends. The policy will conduct organization wide assessments of need,…

(Steamboats, incidentally, did even better.)

Due to the heavy emphasis on steam transportation, especially by rail the government was better equipped to man and supply vast areas of the nation in combat. The train also traveled at a far greater speed than other more traditional forms of transport, as much as 5 times faster than the mule-drawn wagons of the day. Therefore fewer vehicles were needed and supplies and people arrived in far better condition than they had in the past.

Troops traveling by train rather than on foot experienced less fatigue and fewer instances of straggling and desertion, even though the freight cars used for most troop movements were anything but comfortable. Supplies hauled by rail were more likely to reach the troops in useable condition, owing both to the speed of delivery and to the shelter afforded by enclosed railroad cars.

There are countless examples of the alterations…

Criminal and Civil Law

A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" (alston-Dunham, 99) because of the deaths. The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.

The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings.

"Reason Same Standard of…

political, social, and civil rights as they are, the notion of possible futures haunts nearly everyone. Potential political realities in the present and not-so-distant future are examined in Margaret Atwood's Handmaid's Tale and Marge Piercy's Woman on the Edge of Time. These novels have become modern classics precisely because of their poignant relevance to real-world social and political affairs. Although both Atwood's and Piercy's novels are at least in part set in future times, both tales are devoid of any significant characteristics that distinguish them from the present day reality. Thus, both The Handmaid's Tale and Woman on the Edge of Time eerily depict life in modern-day America even as they bridge gaps in time. In particular, issues related to gender and to political power are salient in both books. Through the core elements of their narratives, The Handmaid's Tale and Woman on the Edge of Time reveal that male-dominated…

C. Mayor Adrian Fenty made HIV / AIDS the most important public health priority (Greenberg et al., 2009). Funding from the CDC allowed for a partnership between the D.C. Department of Health's HIV / AIDS Administration and the George Washington University School of Public Health and Healthy Services, which was responsible for the Epidemiology Annual eport for 2007 -- the first to be published for D.C. since 2002 (Greenberg et al., 2009). The Department of Health also initiated a routine HIV screening campaign to help provide testing resources and lower stigma, titled "Come Together DC -- Get Screened for HIV" (Greenberg et al., 2009).

Efforts to address the epidemic in D.C. included a combination of increased resource availability and educational services as offered by public health departments. The "Come Together DC -- Get Screened for HIV" campaign provided approximately 73,000 tests in 2008, which was a 70% testing increase from…

Criminal Procedures

The Bible and criminal procedures

There are several instances where the Bible speaks about the criminal procedures as well as justice in the society. These verses in the Bible were given as guidelines towards ensuring the protection of the innocent from undue punishment and holding the criminals to account for their crime. The verses given in the prompt affirmed my belief and conviction of how the criminal procedures should operate in a civilized society.

In the first instance, the prompt outlines the significance of having witnesses in the course of handling a case. I am in agreement two scriptures on the importance of corroboration by witness testimonies and the need for a second witness to act as a validation or affirmation of the events that led to the crime as accounted for by the first witness in order to fairly convict an individual. Deuteronomy 17:6 further gives higher…

The teacher is then given this goal oriented time specific goal development document to aide in supplementing or altering instruction to meet the needs of the specialized student in inclusion and seclusion. (Filler & Xu, 2006, p. 92) This document and its development are created whenever and individual child is observed and then designated to need such assistance based on his or her inability to meet age appropriate developmental goals, in large part based on standardized developmental scales that designate age appropriate ranges for physical and cognitive skill development and though they have been around almost since the inception of IDEA and the LE they were not always developed or used to their fullest extent for any given child. (Filler & Xu, 2006, p. 92) Filler & Xu also stress that inclusion is not successful if a child with special needs is simply placed in a classroom with average learning…

But on the other hand, a reader who is also interested in the subject doesn't have to necessarily enjoy the idea of decomposing human corpses - or have really thick skin - to get educated regarding the forensic science / anthropologic value of this book.

Being a student in Forensic Anthropology in fact makes it easier to get through the potentially offensive parts of the book, because there are many things to be learned from the novel. This book reflects real-life issues pertaining to forensic research and crime-related applications to forensic science. The book is dedicated to "All victims of murder, all those who mourn them, and all who seek justice on their behalf."

Bass's "Body Farm" is designed so that cases where bodies are found in similar circumstances may have a foundation in terms of the forensic police personnel being able to know how and when - if not…

Court Service Management

How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?

The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)

However, the courts will be impacted by these changes to a certain extent. This will…

This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002).

The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should set up a workplace aggression avoidance course or include the knowledge into an accessible disaster prevention course, employee manual, or handbook of standard operating measures. It is important to make sure that all workers are aware of the rules and recognize that all ascertains of workplace aggression will be examined and dealt with quickly. Additionally, companies can recommend additional shields like:

Providing security training for workers so they understand what behavior is not suitable and what they should do if…

So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.

D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.

*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements

. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.

E. ARBITRATION.…

Indiana trial rule 4-4.17 and FRCP

In the legal system there are many rules, both federal and state, that govern the process for how things are done within the system. Two of these rules are Indiana Trial rules 4-4.17 and Federal Rule of Civil Procedure 4. Both of these rules have to do with issuing summons for a court case. According to the Indiana Trial rules a summons must include the name and address of the person for whom the service is for, the name, street address, and telephone number of the court and the cause number that has been assigned to the case, the name of the case that is on the complaint, but, if there are numerous parties, the name may be abridged to comprise only the first named plaintiff and defendant with a suitable suggestion that there are supplementary parties, the name, address, and telephone number of…

Fault: An Alternative to the Current Tort-Based System in England and Wales

The United Kingdom

statistics regarding claims

THE NATIONAL HEALTH SYSTEM

OBSTACLES TO DUE PROCESS

THE CASE FOR REFORM

THE REGULATORY ENVIRONMENT

THE RISING COST OF LITIGATION

LORD WOOLF'S REFORMS

MORE COST CONTROLS

THE UNITED STATES

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

STATISTICS FOR ERROR, INJURY AND DEATH

THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN

THE UNITED STATES SITUATION, IN SUMMARY

NEW ZEALAND CASE STUDIES

THE SWEDISH SCHEME

COMPARISON: WHICH SYSTEM IS BETTER?

FIRST: UNDERLYING DIFFERENCES

TALKING TORT: AMERICAN PECULIARITIES

AMERICANS CONSIDER NO-FAULT

BRITAIN CONSIDERS NO-FAULT

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…

eferences

Al Maktoum, Mohammed Bin ashid. December, 2009., Decree 57 for 2009.

Establishing a tribunal to decide the disputes related to the Settlement of the Financial Position of Dubai World and its subsidiaries.' Viewed 18 August 2010

http://blogs.thenational.ae/economy_blog/Decree%20No.57%20for%202009.pdf

Banks, Harry. 23rd July 2010. 'Dubai World ready to use tribunal for deal on debts.'

City A.M. Viewed 11 August 2010.

http://www.cityam.com/news-and-analysis/dubai-world-ready-use-tribunal-deal-debts

Bucher, Eugen. Law of contracts. I. General remarks on the Swiss law of obligations.

Viewed 11 August 2010 www.eugenbucher.ch/pdf_files/86.pdf

'Clause and Effect: Parties agreeing to standard arbitration clauses may unwittingly alter their rights.' October 2006, Viewed 11 August 2010

http://www.rkmc.com/Clause-and-Effect-Parties-agreeing-to-standard-arbitration-clauses-may-unwittingly-alter-their-rights.htm

Fuchs, Martina & achna Upal. 18 August 2010. 'Analysis-UAE state-linked bonds brush up investor appeal.' Viewed 11 August 2010 http://www.forexpros.com/news/interest-rates-news/analysis-uae-state-linked-bonds-brush-up-investor-appeal-154811

Kane, Frank & Hamischfeger, Anita. 21 May 2010.

'Dubai world ready to use arbiter on debt deal.' The National. Viewed 11 August 2010

http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100521/Business/705219878/1005/rss

Parisie, Nicolae & Shaheen Pasha. 22…

Instead of pretending that racism and its effects no longer exist, we need to strengthen affirmative action and devise a new set of policies that directly tackle the racial gap in wealth." (Derrity, 1).

That, in a nutshell, is the position of this paper. America has not given affirmative action enough time to act. Moving forward, we should continue our affirmative action policies, but with an end in mind. Economists and sociologists, along with help from America's captains of industry and human resources experts, should devise an ideal time frame whereby affirmative action will end, and set outside and inside goals for this time frame as well.

But for now, affirmative action must continue, and continue with gusto, to reverse the horrors that America's history has caused.

CHAPTER 2: REVIEW of RELATED LITERATURE

History of Affirmative Action review of the history associated with affirmative action is the first step to…

Article 60 of the atent Law and Article 25 of the Anti-Unfair Competition Law holds not specific provision however, Article 118 of the General rinciples of Civil Law provides that the plaintiff possess right to have ill effects of infringement eliminated. This is also including disclosure of third-party infringers.

48: Indemnification of the defendant in relation to the Courts holding of the power to order that damages be paid by the plaintiff to the defendant if enforcement complaint procedures are abused under Article 98 Civil rocedure Law which required compensation be paid if interim preservation is obtained and the laintiff loses the suit

China is complaint under art III Section 3: rovisional Measures, art III Section 3: Special Requirements Related to Border Measures, art III Section 5: Criminal rocedures, and art IV: Acquisition and Maintenance of Intellectual roperty Rights and Related Interparties rocedures. China is "essentially complaint and "not complaint"…

JUDGE SMITH

RE: APPLICATION FOR LEGAL ASSISTANT POSITION

Dea Judge Smith:

This lette epesents my application to you hono fo the position of legal assistant which you have stated though the State and County publications is open and needs to be filled. I come with excellent qualifications as pe my educational attainment and my educational achievement and commitment. I have attended Cumbeland School of Law and while I have not yet gaduated, I am in my final yea of law school.

I have genuine love and inteest fo the law and the legal secto of ou society because the law is eve-changing and this makes it vey inteesting as I follow the changes and shifts in the laws of ou county and this state. Indeed it is these changes that initially attacted me to this field of study as I have always been inteested in the legal pocess and since…

Criminal Attorney

The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles.

Since applicants' undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)

During the third year of college, aspiring law students take the Law School

Achievement Test (LSAT), a standardized test designed to measure a student's aptitude and chances of successfully completing the Juris Doctor program. The LSAT is more ability-oriented than the…

Alternative Dispute esolutions and Their Important ole in Expanding the Judiciary Process for the Public

Alternative dispute resolutions (ADs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more rapidly to a settlement without resorting to the process of litigation.

Arbitration is an AD process in which an arbitrator who is a neutral third party hears the arguments from the two disagreeing parties. The two sides may present their arguments and their evidence before the arbitrator, who listens and then determines the outcome. The process is much more informal than a trial. For one, there is no jury, and presenting evidence is not as strict a process as…

Information Security

The discussion below provides answers to questions raised with regard to a case at Greenwood Company

A forensic plan of readiness comes with several advantages. If there arises a situation that forces a company to be engaged in litigation, and there is need for digital evidence, e-discovery is of central importance. The laws and rules that govern the e-discovery, such as the Federal ules of Civil Procedure or the Practice 31B Direction of the UK call for the presentation of electronic evidence fast; and that such evidence must be in sound state, forensically (Sule). The Electronic Discovery eference Model is reputed as the standard model for processing e-discovery, and is compliant with FCP.10 Information management procedures require that electronic evidence should be collected and stored appropriately. Such evidence should be readily available when it is needed. E-discovery information management procedures include incident response, data retention, and discovery of…

Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. illiam A. Fletcher and James E. Pfander wrote a book, Gilbert Law Summaries on Federal Courts, which provides an outline of the federal court system in the U.S. The book provides an outline of Article III courts, the requirement of case or controversy, advisory opinions, and justiciability. In addition, Fletcher & Pfander discuss congressional power over federal court jurisdiction, the jurisdiction of district courts, Supreme Court jurisdiction, and ancillary jurisdiction. Through this outline, the authors also discuss the law applied in federal courts. This paper provides an overview of the federal court system in the United States based on the book by Fletcher and Pfander.History of the Federal Court SystemFletcher &…

The foreign tribunal has jurisdiction over the parties appearing before it, and can order them to comply with discovery, while it might not be able to exercise that same power over non-parties and would need the assistance of a statute like § 1782. (124 S. Ct. 2466, 2471). Both Wal-Co and Expert Builders are parties in the foreign proceeding, which has the power to grant broad discovery to either party, therefore the Court would lack a compelling reason to grant the discovery request.

In this instance, there is a pending complaint with the I.C.C. However, Expert Builders would not have had to file a complaint in order to seek a discovery order. Instead, § 1782 is applicable when a dispositive ruling by a tribunal is within reasonable contemplation. (124 S. Ct. 2466, 2468). That means that the proceeding with the I.C.C. almost certainly meets § 1782's requirements for a proceeding.…

Berg v. Allied Security Inc. Chicago
1.    An overview of the case (provide a detailed case review) 
    In this case, Joan Berg, the plaintiff, filed the personal injury case against Allied security, the defendants.  The Cook County circuit court, in 1996 September the 4th, ruled in favor of the defendants. After thirty days Joan Berg sought authority to amend the complaint and the circuit court, on 15th October, denied her the reconsideration. The amendment Leave was also denied on 21st November. The plaintiff filed an appeal on the 26th of November 1996 (Rathje 1). In their arguments, the defendants noted that the appeal time was bad even though the plaintiff filed it less than one week following the decision from the circuit court. According to the defendants, the plaintiff’s motion had no post-judgment qualification as a motion under the civil procedure code section 2-1203. According to the defendants,…

In that case, the buyer would be entitled to rescind the sale or to trade the item of lesser value for the item originally bargained for, or to recoup the difference between the value received and the value for which he paid.

Did the gallery provide what it guaranteed?

No. The seller actually provided something worth much more than the item it originally guaranteed, and the mistake inured to the benefit of the buyer rather than to his detriment. There is no cause of action for accidentally benefiting the other party.

What about the element of duress?

There is no issue of duress. The requirements of duress are not met where the putative "duress" relates to something that is inconsequential like the type of threat made by the seller here. Even if the threat was credible, the requirements of duress are not met where the supposed harm threatened is capable…

Case name and citation

Appeal of the Ensign-Bickford Company. ASBCA. No 6214, 60-2. BCA 217. October 31, 1960.

Key Facts

The case revolves around a contract dispute between the government and the armament manufacturer Ensign-Bickford. After contracting with Ensign-Bickford to produce a specific type of weapon, the government later ordered an acceleration in production. As is customary, the government agreed to pay Ensign-Bickford a specific amount to compensate the company for the additional revenue this would require in terms of securing materials and worker overtime. However, the government had contracted with another entity for a similar product, which demanded a far smaller sum in acceleration costs. Thus, the government justified its demand that the award be far smaller than originally agreed upon. The government's offering of $19, 636.96, while smaller than the $41, 651.63, was still greater than the $16, 500 paid to the other contractor.

Legal Issue(s) Presented before…

Cancellation of debt in this instance may not be taxed in this manner but might be taxed another way.

Certain farm debts: This exemptions only applies to debt incurred directly from an operation of a farm. If more than half your income from the past three years came from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.

Analysis

Since 2007 and 2008, California conformed, with modifications to IC section 108 (a)(1) (E) that allows a limited amount of COD income resulting from the foreclosure or short sale of a qualified principal residence to be excluded. This exclusion does not currently apply for any foreclosure or short sale that occurs on or after January 1, 2009. Danny made his short sale in 2012. "The Mortgage Forgiveness Debt elief Act of 2007 was enacted on December…

Career Possibilities for omen in Philosophy

Philosophy is not a hard science requiring that problems be worked out with formulas and centuries-old givens. The American Philosophical Association says that, "Philosophy is a basic field of inquiry. Its range encompasses ideas and issues in every domain of human existence; and its methods apply to problems of an unlimited variety. The major in philosophy can develop not only philosophical skills and sophistications but also intellectual abilities that are readily applicable to pursuits in everyday social and personal life."

The options open to women in philosophy are nearly endless. Because the study of philosophy develops critical thinking and analytical skills, it provides a background for careers requiring problem-solving, along with the ability to view issues from other perspectives and develop logical arguments with a sensitivity to the values of others. Philosophy can be the starting point for any number of careers. This is…

Nadel et al. v. Burger King Corp. & Emil, Inc.

Legal Brief

What court decided the case in the assignment?

Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discretionary appeal (Case 1997-1386) by Burger King was filed in the Supreme Court of Ohio. he Case is Disposed.

According to the case, what must a party establish to prevail on a motion for summary judgment?

In order for a party to prevail on a motion for summary judgment in this case, it is necessary to show that no genuine issue of material fact existed. Specifically, the Ohio Rules of Civil Procedure, Rule 56 (E) states that:

"When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings,…

Civil Infrastructure Security and Operational Safety

Security elements in the planning of a variety of infrastructure projects

Significant understanding of the city, its political and social context, and the impact on infrastructure projects is necessary for a success. Many components need to be right to provide a successful project, of which climate change, economic factors, and financing appear to be the most important security elements in the planning of projects. The three are the most powerful forecaster of achievements of projects.

Fiscal restrictions have a significant effect on infrastructure projects. With few exclusions private funding of infrastructure has been relatively restricted, limited mainly to such things as ICT, cost, and some types of renewable energy. Commercial productivity is restricted by the free-rider problem. The public sector's ability to access money often decides the level of the overall investment. Financial restrictions are most executed for aid-dependent low-income nations with low tax…

Civil ights and Sexual Harassment in Criminal Justice

Sexual harassment forms a critical issue affecting almost all the organizations in the current organizational environment. Among the organizations affected, include the criminal justice organizations held with the responsibility of ensuring equal treatment of individuals in the society and different organizations. Employees working in the criminal justice organizations are highly vulnerable to sexual harassment from their supervisors and coworkers. While many people consider sexual harassment as the forcing an individual into a nonconsensual sexual act, other behaviors displaying sexually implicit photographs, posters and magazines are forms of sexual harassment in the workplace. It is highly recognizable that irrespective of the measures adopted to curb the vice such as protection of the employees and members of the society by the constitution, the cases of sexual harassment in the workplace continue to rise (Collins & Vaughn, 2004).

Sexual harassment affects one's ability to perform…

Whitt v Teeter

American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer goods. In the United States, unlike some other countries, commercial law is part of the purview of the U.S. Congress and the civil codes that govern laws between the states. This template came about based on needing to establish some sort of legal venue that would transcend individual state's jurisdictions so that goods could be transported between states and still have legal protection (Commercial Law, 2010). Many efforts have been made to create a more unified, "national" code that…

Administrative Agencies and Due Process

In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)

However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…

Collective argaining and Civil Rights

Postal Service (USPS) entered into a Collective argaining Agreement (CA) with the American Postal Workers Union (APWU) in November of 2000. This CA addressed issues such as wage increase and promotion procedure, reassignment and reduction in force protection, as well as accommodation for deaf and hard of hearing postal employees. Specific measures for accommodating deaf and hard of hearing employees were established. Instituting the use of training videos with captions and using sign language interpreters during meetings, especially safety meetings, are a couple of measures outlined in the 2000 CA.

With the events that occurred on September 11th, 2001, and subsequent mailings of the potentially deadly biochemical Anthrax, safety of our U.S. Postal Service workers became a top priority. Numerous meetings were held to inform and instruct employees of potential hazards and proper handling procedure for packages suspected of containing anthrax. Vital information and procedures…

Via stipulated agreement, a licensee who faces disciplinary action has the right to negotiate a settlement. uch a settlement is also subject to the Board vote, and may be approved or denied as a result. When disagreeing with the outcome of the disciplinary hearing, the licensee may also appeal to have the Board's decision overthrown. However, if the accused believes that the charges are valid, he or she may also voluntarily surrender the nursing license, and will no longer be allowed to practice in the state of California.

In cases where it is believed that an accused and convicted nurse will be able to rehabilitate, such an individual is entered into the Board's Diversion Program. This program is mainly focused upon nurses that are subject to problems such as chemical dependency and/or mental illness. These are seen as conditions that can be either remedied or managed in such a way…

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)

Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow…

One of the additional oversights in the Proposed Consent Decree is that it does not address the sensitive matter of cell searches of two-person cells that are focused on one inmate. The cell search conducted by Officer Anderson and Sgt. Belker was conducted in an attempt to locate contraband cigarettes that had been sold by Joe Johnson; however, they were still able to search all of Jack Jones' materials. The Proposed Consent Decree is under-inclusive in that it does not make any mention of protecting the inmate who is not the target of the cell search. As it stands, it is still possible for the cell search to be conducted under the premise of implicating one of the inmates while instead focusing on a separate inmate.

Ultimately, the Proposed Consent Decree fails to squarely address the situation, since it fails to protect the sheet of paper from being confiscated from…

Globalization has greatly weakened the traditional way in which governments functioned. The ever increasing economic integration has had an impact on the autonomy and power of existing national governments and given greater access to other non-state political and economic actors. (Steger, 2004)

Every human order in the past has lived off a shared image of the world view that served to plant the feet of its members tightly in time and space. Yet none actually ever dreamt of linking together the oceans and continents and the people who lived in them. Each of these individual world views only emerged after military defeats suffered in modern Europe. These world views included global acquisition of territory, resources and subjects in the name of empires and the will to unite the world through fascism and Marxism. They indeed left permanent marks on the lives of people, institutions and systems but they failed to…

Court Analysis

Justice and Court Administration

Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of court management, with issues such as the deepening ethnic diversity of encountered populations and shifting ideas about victims' rights playing defining roles in the tasks before any given court. The discussion here on language interpretation services and the timeline in the evolution of victims' rights are offered within the context of court administration.

Language Interpretation Services:

It is often the case that courts will find themselves burdened with the task of wading through the details of officer-defendant confrontations…

Constructive Charge Case

A CASE OF RELIGIOUS DISCRIMINATION?

Constructive Discharge

Mr. Charles Wright, Chief Executive Officer (date)

From: Mr. Terence North, Manager, Elementary Toy Division

Re: Employee Constructive Discharge Claim

Our legal counsel, Atty. Edison Hawks, today informed the undersigned in writing that a former employee, Mr. Alfred Peterson, had filed a claim of constructive discharge against the company. Mr. Peterson resigned last week from his post at our Production Department when our new policy on shift work became effective. He based his complaint on the provisions of Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination against religion. Mr. Peterson alleges that the enforcement of the new policy on shift work is discriminatory in that it requires employees to work on Sundays, which his religion observes as a holy day. Prior to this new policy, production employees worked from Mondays to Fridays only. Attached is…

555). In their interpretation of United States v. Fordice, the Department of Education refers to the "sound educational practices" clause in Fordice by mentioning the "distinctive histories and traditions" represented by historically black institutions (Moore 2000, p. 556). Such histories, traditions, and techniques of cultural preservation are inherently valuable and educationally sound. Historically black institutions are constitutional also in the sense that they actively encourage choice among African-American applicants who have the option of attending traditionally white or traditionally black institutions but also without discriminating against white applicants.

C. What conclusions can be drawn about federal policy on compliance with the Title VI after reading the Title VI of the Civil ights Act of 1964?

Federal action after Brown v. Board of Education was initially paltry, allowing many Southern states to perpetuate discriminatory education practices including restrictions on admissions procedures and other methods of barring blacks from attending traditionally white…

Patriot Act

After the attacks on September 11, 2001, the government passed legislation designed to protect the country. Included amongst these was the Patriot Act which has become the center of debate by parties who are either in favor of or against the legislation. There are many provisions to this act and the ones that are most debated include: reducing certain limits on law enforcement, giving additional powers to the Secretary of the Treasury, and giving law enforcement the ability to arrest, detain, or deport any immigrants who are suspected of involvement with terrorism (Schulhofer 2005). After 9/11, America was in a frenzy of fear and patriotism which allowed laws to pass which have seriously infringed on the civil rights of citizens as well as allowing for unlawful activity to be performed by members of the government who claim they are doing it for the good of the country. In…

job analysis is the process of identifying the best person for a job based on examining the tasks performed, the competencies required to perform those tasks, and the connection between the task and the competencies ("Assessment & Selection," 2013). Performing such an analysis allows the company to better understand the requirements of a given job in the hopes of finding the person best suited to fill the role. There are four main elements involved in performing a thorough job analysis. The first is a description of the work activity that is gathered through a vigorous review of the job and the all the tasks related to adequately performing the work. Second, the knowledge, skills, and abilities or competencies required to perform the job are assessed and catalogued. A large amount of data is compiled to study the range of allowable job performance and the characteristics of the workplace (Prien, Goodstein,…