...the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...Source: OH Courts of Appeals Cases from 1913 Project ID: FOCUS - 1 of 1 DOCUMENT REBECCA KOOP, Plaintiff-Appellant, - vs - SPEEDWAY SUPERAMERICA, LLC, et al., Defendants-Appellees. CASE NO. CA2008-09-110 COURT OF APPEALS OF OHIO, TWELFTH APPELLATE DISTRICT, WARREN COUNTY 2009-Ohio-1734; 2009 Ohio App. LEXIS 1469 April 13, 2009, Decided PRIOR HISTORY: [**1] CIVIL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS. Case No. 07CV69537. CASE SUMMARY: PROCEDURAL POSTURE: Appellant personal injury victim filed suit against appellee store alleging that it was negligent in its cleaning of a coffee spill, upon which she slipped and fell. The store filed a motion for summary judgment. The Warren County Court of Common Pleas (Ohio) granted summary judgment for the store. The victim appealed. OVERVIEW: The victim argued that the trial court erred by failing to consider the incident report and corresponding witness statements. The appellate court held that the trial court did not err by disregarding the document due to its lack of authenticity. There was no indication that the document, purported to be an employee witness statement, was sworn or certified, nor was there any evidence presented to establish its authenticity by affidavit. Further, the incident report, and the alleged corresponding witness statements, did not meet the admissibility requirements of Civ. R. 56, and therefore, were not entitled to consideration by the trial court for summary...
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...suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District Courts. The Supreme Court is the court of last instance. Courts of First Instance start in the Magistrates for criminal cases, this is where the defendant may want to be granted bail and this is where the trial will be. If the claimant or defendant does not like or agree with the final decision they can decide to make an appeal. You...
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...Legal Process Paper According to Bennett-Alexander and Hartman (2007), many forms of discrimination exist and different agencies can impose multiple penalties for noncompliance. In this paper, an employee named John wants to file a discrimination complaint against his employer. The following key elements will be discussed: (1) description of what is discrimination, (2) Equal Employment Opportunity Commission (EEOC) process, (3) civil litigation process, and (4) court appearance. A summary and conclusion will finalize the paper. What is Discrimination According to the EEOC (2011), reprisals or disciplinary actions against employees based on color, race, age, religion, disability, sex or political affiliation is considered a form of discrimination. Discrimination can apply to retaliation for filing a charge of discrimination and can be associated to the hiring of employees. Understanding how discrimination affects the workplace is important to everyone and understanding how to file a complaint is equally important. Equal Employment Opportunity Commission Process The EEOC was created in 1964 by the federal government and is used to help protect employees from discrimination. John wants to file a discrimination complaint, so he will have to provide his name, phone number, address, employers information, and a description of the discrimination violation. All complaints will be reviewed by the EEOC if the...
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...Appellate courts do not hear testimony of witnesses or attempt to determine which of the witnesses who testified at trial should have been believed. Determining the credibility of the witnesses is the job of the trier of fact. Appellate courts review the trial record, motions, and evidentiary exhibits. True False A Demurrer would be the appropriate pre-trial motion to file if the complaint did not state a valid cause of action (valid claim) even if all the allegations contained in the complaint were true. True False Identify which, if any, of the underlying occur during the informal discovery phase of a lawsuit: Depositions Interrogatories The actual trial Both A & B None of the above One of the types of pleadings that Defendants file in response to the plaintiff’s complaint is called the answer (which is also referred to as the response). True False Identify which, if any, of the below circumstances can occur as a result of an appeal: The appellate court can reverse the trial court The appellate court can affirm the trial court The appellate court can remand the case to the trial court Any of the above Does it ever occur in a lawsuit that the defendant stipulates to the plaintiff’s factual allegations? Yes No The quantum of evidence required for a verdict in a civil case is identical to the quantum of evidence required for a conviction in a criminal case. True False The jury hears the evidence presented at trial and decides the facts that...
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...Assignment 1- The court structure In this assessment, I will describe the hierarchy of the civil courts, the criminal court and the differences between the two hierarchies. The purpose of this article is to inform the readers about the court structure and role of the different courts. A diagram of the court structure Supreme Court- this is the highest judicial court in a country or state. Court of appeal- the court of appeal is a court of law that hears appeals against both civil and criminal judgements from the Crown. This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions hears appeals from the crown courts. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Crown court- deals with indictable criminal cases that have been transferred from the Magistrates’ Courts, including hearing of serious criminal cases (such as murder, rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. The county court also deals with civil (non-criminal) matters. Magistrates courts trials of summary offences, committals to the crown court, family proceedings court and youth...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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...School District v. Rodriguez, 411 U.S. 1 (1973) Historical Setting After Civil Rights success in the 1960’s, many of the United States underrepresented citizenry such as minorities and poor searched for equality through the Constitution. In San Antonio, Texas, citizens found that the school finance system was unjust and filed suit under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Federal District Court found that the Texas school finance system violated the Fourteenth Amendment. The State appealed to the Supreme Court. Case Summary San Antonio Independent School District v. Rodriguez (1973) argued that education was a “fundamental right” implied in the Constitution and that poor Hispanic families were being treated as a “suspect class” due to financial disparities between wealthy and poor school districts. The argument was that this inequality of funding between school district’s violated the Equal Protection Clause. The State contended that education was not an Federal enumerated power, therefore it was reserved to the State and that included financial decisions. Court’s Decision The Court found in a 5-4 ruling that this was not a violation of the Equal Protection Clause of the Fourteenth Amendment because education is not a guarantee...
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...decide to upgrade to the B-type hitch. That would also be an expense to her company. Tonya has decided to file suit against Confusion to overturn the statute. What court will have jurisdiction over Tanya’s Suite? Why? Federal Court will have jurisdiction over Tanya suit. The Federal Court will have jurisdiction because her company operates in the state of Denial. General Jurisdiction hears civil trials in the courts. Tanya believes if the decision is overturned, it will not only help her business but also others company’s like hers. Tonya Trucker is taking the necessary steps to file suit through a trial court of general jurisdiction. Trial courts of general jurisdiction are the main trial courts in the state system (United States Courts net.). Tanya business is not in the state of confusion but the state of Denial General Jurisdiction court of Confusion has agreed to hear her case. General jurisdiction courts usually split up into two parts: civil and criminal. Civil court would be where Tonya’s case would be heard. Tonya’s case would more than likely be heard by a judge that has the over power to overturn a law. In general jurisdiction court records are keep to past on incase of an appeal. This would be an advantage for Tonya because if the courts denied her claim she could take it to appellate courts. Is the Confusion statue constitutional? Discuss your legal reasoning. Confusion statue is not constitutional they are trying to make a law to benefit them. Paulette...
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...IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: : CASE NO. 04-60600 : ROY JESSE LISATH, : CHAPTER 7 STEPHANIE MYLO LISATH, : : JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486 : SSN: (LAST FOUR DIGITS ONLY) 9643 : ------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by...
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...Sc ottis h Parli ament and Sc ottish Parliament Informati on Centr e l ogos. SPICe Briefing The Scottish Civil Court System 13 February 2014 14/15 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them. It also provides an introduction to the key terminology associated with the civil courts and a brief overview of other bodies and individuals associated with the civil courts system. The Briefing is intended to be useful background for those with an interest in the Courts Reform (Scotland) Bill. For an overview of the system of criminal courts in Scotland see the SPICe Briefing entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum 2011). CONTENTS EXECUTIVE SUMMARY 3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM 4 THE SCOTTISH CIVIL COURTS AND TRIBUNALS 6 OTHER RELEVANT BODIES AND INDIVIDUALS 12 SOURCES 13 RELATED BRIEFINGS 18 2 EXECUTIVE SUMMARY The justice system in Scotland is split into two distinct parts: the criminal justice system and the civil justice system. The distinction between the two parts of the system is as follows: the criminal justice system exists to prosecute, or otherwise deal with, those who commit crimes. On the other hand, the civil justice system exists to give people and organisations a way to protect and enforce their legal rights and to regulate...
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...DISPUTE SOLVING IN THE LEGAL SYSTEM PASS TASK 1 P1 The Supreme Court | The Court of Appeal Criminal Division | The Crown Court | The Magistrates’ Court | All criminal cases will first go to the Magistrates’ Court. It is unusual for a case to be completed at this first hearing, although it is possible for minor offences to be dealt with at this point. The type of offence that is being dealbananat with affects the number and type of pre-trial hearings, and where the final trial will take place. Criminal offences are divided into three main categories. These are Summary Offences, Triable ether way offences, and Indictable Offences. The magistrates Court deals with preliminary matters, trials and sentencing of summary offences and some Triable ether way offences. It also transfers cases to the Crown Court, and deals with some civil jurisdiction. Examples of Offences: * Driving without insurance * Taking a vehicle without consent * Common assault The Crown Court deals with about 100,000 cases each year. This is very much smaller number than are dealt with in the Magistrates’ Courts. However, the Crown Court deals with serious cases and some civil indictable and Triable-either-way offences where the defendant has chosen jury trial. It also deals with cases transferred from Magistrates Curt, and hears appeals from Magistrates’ Court against conviction & sentence. Examples of Offences * Murder * Manslaughter ...
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...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...conducted in this country. The case in this paper deals with Tanya Trucker versus the state of Confusion. Tanya will rely on the American legal system to overturn the state of Confusion statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. After all, the U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced (Cheeseman, 2010). This paper will address the following: the court that will have jurisdiction over the case and why; whether the Confusion statute is constitutional; the provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity; and whether Tanya will likely prevail on her suit. Finally, the paper will conclude with the stages of a civil suit. “In most states, business and commercial disputes are heard by the same courts that hear and decide criminal, landlord-tenant, matrimonial, medical and malpractice, and other non-business-related cases” (Cheeseman, 2010). In the case of Tanya Trucker versus the state of Confusion, federal court in Confusion has jurisdiction over the case. The federal court has jurisdiction because of diversity of citizenship; Tanya owns a trucking company in the state of Denial not the state of Confusion and she is suing the state. Furthermore, Tanya’s case involves issues that touch on the Constitution, therefore; federal court has jurisdiction to hear the case. The Confusion statute...
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...Supreme Court of the Philippines Batas.org G.R. No. 109125 EN BANC G.R. No. 109125, December 02, 1994 ANG YU ASUNCION, ARTHUR GO AND KEH TIONG, PETITIONERS, VS. THE HON. COURT OF APPEALS AND BUEN REALTY DEVELOPMENT CORPORATION, RESPONDENTS. DECISION VITUG, J.: Assailed, in this petition for review, is the decision of the Court of Appeals, dated 04 December 1991, in CA-G.R. SP No. 26345 setting aside and declaring without force and effect the orders of execution of the trial court, dated 30 August 1991 and 27 September 1991, in Civil Case No. 87-41058. The antecedents are recited in good detail by the appellate court thusly: "On July 29, 1987 a Second Amended Complaint for Specific Performance was filed by Ann Yu Asuncion and Keh Tiong, et al., against Bobby Cu Unjieng, Rose Cu Unjieng and Jose Tan before the Regional Trial Court, Branch 31, Manila in Civil Case No. 87-41058, alleging, among others, that plaintiffs are tenants or lessees of residential and commercial spaces owned by defendants described as Nos. 630-638 Ongpin Street, Binondo, Manila; that they have occupied said spaces since 1935 and have been religiously paying the rental and complying with all the conditions of the lease contract; that on several occasions before October 9, 1986, defendants informed plaintiffs that they are offering to sell the premises and are giving them priority to acquire the same; that during the negotiations, Bobby Cu Unjieng offered a price of P6-million while...
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