...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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...Legal problems can take many forms, and regardless of the problem that you are facing, it is important to be as informed as possible about your rights. Unfortunately, there are many people that have a limited understanding about their civil rights, and this can cause them to be uncertain about how to proceed when they suspect a violation has occurred. Once you have the answers for the following couple of questions, you will find that you are far better prepared to have these issues addressed. What Are Your Civil Rights? You are granted many rights simply by being a citizen. These include such well-known rights as the freedom of speech and the right to a trial. However, you have many other rights as well, such as freedom from discrimination...
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...2007 Article 3 International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts ...
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...Chapter 4 LEGAL RESPONSIBILITIES OF THE INDEPENDENT AUDITOR Statutory Law A. Securities Act of 1933 B. Securities Exchange Act of 1934 C. RICO Act D. Private Securities Reform Act of 1995 I. Common Law A. Clients B. Third Parties C. Burden of Proof D. 1136 Tenants Case II. Terms A. Ordinary Negligence B. Gross Negligence C. Fraud D. Joint and Several Liability E. Proportionate Liability III. Limited Liability Partnerships vs. Limited Liability Corporations 4-1 Legal Responsibilities of the Independent Auditor I. Statutory Laws - Potential legal liability as defined by the Securities Act of 1933, the Securities Exchange Act of 1934, the Rico Act of 1970, and the Private Securities Litigation Reform Act of 1995. Questions concerning the Securities Acts of 1933 and 1934. 1. Describe the general purpose of each Act. 2. How does the auditor become subjected or exposed to each Act? 3. What are the specific provisions of each Act? Include in your discussion: -Who is the plaintiff? -Who has the burden of proof? -What civil or criminal penalties are provided by the Acts? A. Securities Act of 1933 1. Regulates the initial sale of securities in interstate commerce. 2. Auditor becomes subjected...
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...2013 Good Samaritan Act Colorado/Louisiana The Good Samaritan Act is legal terms in which refers to individuals who in good faith, volunteer to help other individuals in need of medical attention. In return the person giving the help must be responsibly with the injured person life. Each state offer good Samaritans immunity for assisting. For those good Samaritans who negligent cause the injured person more injures they could be held liable for any civil damages. There are individuals in this world that try and help others every day. Then there are others who will not help due to the fact that they are afraid to get into trouble because of these laws. There are several states that have adopted the Good Samaritan Act. Colorado and Louisiana are two that have established these laws within their state. In Louisiana, if an emergency medical technician give their service to help another individual out during an emergency situation and do not arrange for further medical treatment will be liable for any civil damage. Colorado also states, that if a licensed physician and surgeon renders help and it leads up to negligent on the patient, that individual rending the services will be held liable only if that patient is not obligated to be covered by him or her. Louisiana holds everyone liable for their actions no matter what. Whereas, Colorado only hold the individual who is the Good Samaritan liable for civil damage if they fail to provide the person receiving the care further medical...
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...McGill? Are you considering applying for admission to the undergraduate BCL/LLB program? Law Admission representatives and current Law students will be on hand to answer your questions. Deadline for University and Mature candidates: November 30, 2011. General Information - Email I encourage you to visit our website for further information: http://www.mcgill.ca/law-admissions/. I am also providing some information below: We offer an undergraduate B.C.L. / LL.B. combined program. The structure of McGill's undergraduate law program develops jurists who are well grounded in the fundamental legal concepts of the two major legal traditions of the western world, the civil law and the common law. Students who successfully complete the undergraduate program obtain a double degree of civil law (B.C.L.) and common law (LL.B.). The 105-credit B.C.L./LL.B. program is an opportunity to learn the Civil Law and Common Law traditions within a single, integrated course of studies. Its duration is flexible: at a normal pace of 15 credits per term, the program can be completed in 7 terms or three and a half...
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...The Industrial Court is a non-departmental tribunal from the public body with legal powers. It was initially established in 1919 to provide settlement for industrial disputes and it still provide voluntary arbitration role. It also has a constitutional power about taking decisions between trade unions and employers or the management. The Industrial court is also known as the labour court. According to the Industrial Court Act in Mauritius the Industrial court is established by section 3 of the Industrial Court Act. The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission. The industrial law has some other powers that is any worker facing any difficulties at work can apply to the magistrate...
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...CASE: Northeast Iowa Ethanol, LLC v. Drizin A) Parties The plaintiffs involved in this case are the local farmers from Manchester, Iowa. They formed Northeast Iowa Ethanol, LLC. William Ethanol Service and the North Central Construction also invested the construction of the Iowa ethanol plant. The defendant involved in this case is Jerry Drizin. He formed a Nevada corporation, Global Syndicate International Inc. B) Facts In 2000 in Manchester, Iowa, farmers and the President of the local Co-op, Douglas Bishop, began meeting with representatives of the United States Department of Agriculture to explore the possibility of building an ethanol plant in the Manchester area. The idea of building the plant was to help farmers in the area in getting more value out of their crops. An ethanol plant produces ethanol and feed grain that is sold at a profit exceeding that associated with the mere sale of grain. The construction of the plant was expected to cost approximately $21 Million (Morlan, editor & publisher; 2006). It would have the room for producing 15 million gallons of ethanol per year. Through the meetings, Mr. Bishop and others raised $2,365,000. Traditional lenders (like the banks) demanded that the plaintiff raise forty percent of the construction costs. It was clear that the plaintiff could not raise $8 Million. The plaintiff's proposed marketing partner, Williams Ethanol Services, agreed to invest $1 Million in the project as well. The contractor anticipated...
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...any country whatsoever, Supreme or local authority, Public Body, Government Department Official, Association, Notary Bank, Firm, Corporation or Company public or private or any person and enter into negotiations and conclude or modify or cancel and sign or execute any contract or arrangement with any such authorities or persons, as aforesaid and to apply to authorities and effect negotiations and transactions as required; * To communicate, negotiate, sign, conclude, extend and implement any agreements, to apply for and obtain all necessary documents or copies, statements, certificates, conclusions and other data from all individuals of a public administration entity (state or municipal institutions, agency, official, civil servant or other individual or legal entity obliged by law to perform public administration) to a higher public administration entity, and to represent the Company while such appeals are in progress; * To manage, operate, terminate, use and dispose with any of the accounts opened or owned by Company, including accounts existing in any bank,...
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...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...issue here is whether or not the complaint fails to state a claim upon which relief can be granted under North Carolina case law. Rules “In reviewing a N.C. R. Civ. P. 12(b)(6) motion, a court must determine whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory, whether properly labeled or not. The trial court may grant this motion if there is a want of law to support a claim of the sort made, an absence of facts sufficient to make a good claim, or the disclosure of some fact which will necessarily defeat the claim”. Rule 8 of the General Rules of Pleading, also states that there must be a short and clear statement made in the claim that the party is if fact, entitled to relief. Pursuant to affirmative defense, if Brad introduces evidence found to be credible, regardless if he committed the crime or not, he will not be liable for civil or criminal damages. Analysis In our case of Richard and Brad, Richard clearly states his allegations against Brad, but provides no support that he is actually entitled by some legal force, to any compensatory damages for what he alleges Brad inflicted on him. There is no clear law supporting that Richard is entitled to monetary damages. Affirmative defense is also...
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...-“I’ll believe corporations are people when Texas executes one of them.” -Corporations in texas and across the country are recognized as legal persons make the process of dissolving them far easier and less costly than it would be - corporate personhood allows business firms to enter into contracts, to sue and be sued, to hire and fire workers, to own other corporations, and, most notoriously, to engage in free speech. -UCLA law professor Stephen Bainbridge lambasted occupy's "moronic movement against corporate personhood" -Doug Henwood concerns about size of the personhood and reminds Occupy activists that after all big corporations build computers and fast trains and thus represent economic progress - Corporations as persons reaches back as far as 1886 decision of the U.S - . Once the concept itself is clarified it is more straightforward to consider its impact on society at large - Marx, the integument of corporate personality has been burst asunder by the reality of modern capitalist production, thus, the knell of corporate personality sounds - South of San Francisco became known around the globe as Silicon Valley, it was a conflict between railroad “robber barons” like Leland Stanford and Charles Crocker and legions of struggling small farmers, mixed in with some opportunistic land swindlers, looking to get by after the end of the Civil War. - Historian of the American West Richard Maxwell Brown noting Marx's paid much attention and interest in California events at the...
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...University of technology College of business and Management School of business Administration Company Law Semester 2 Shanel Stone 1306021 Ms. Clarke Monday 8 – 10 January 25, 2016 Should either John Doe, the operations manager or ABC ltd be held criminally liable for the death of the driver? Who should be held liable for committing a civil act? When a company is incorporated/ registered, it becomes a legal person in law and assumes a corporate personality, in the case of Salomon v. Salomon Co., where Salomon had a leather merchant, he later decided to convert the business into a limited company and for this purpose Salomon & Co. was formed with Salomon, his wife and five of his children as members, and Salomon as Managing Director. He took all the shares of the company except six which was distributed to his family. Part of the payment for the transfer of the business was made in the form of debentures (a secured loan) issued by the company to Salomon. The Company ran into difficulties a year later, a receiver was appointed and the company went into liquidation. Its assets were sufficient to discharge the debentures but nothing was left for the unsecured creditors. The Court of Appeal held that the whole transaction was contrary to the intent of the Companies Act and that the company was a mere sham and was in reality and agent of Salomon, who was the real proprietor of the business. On further appeal, the House of Lords reversed the decision holding that the...
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...for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition. In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered owner is the lawful operator insofar as the public and third persons are concerned; consequently, it is directly and primarily responsible for the consequences of its operation. In contemplation of law, the owner/operator of record is the employer of the driver...
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... * Permament Secrerary's Office * Legal Department * Ethics Education * Finance and Administration IAF Resource Center Legal Department The Legal Department is the policy arm of the Directorate for Ethics and Integrity. Its main objective is to strengthen the Legal and Policy framework to fight corruption and rebuild ethics and integrity in Uganda. With regard to the coordination role, the Legal department is responsible for tracking the enforcement of anti- corruption policy and laws. This exercise is expected to ensure compliance and to enable the identification of challenges that law enforcement agencies face during enforcement and, also a mechanism to identify lacuna in the existing law and, new and emerging issues in the fight against corruption that would require new legislation. Functions of the Department * To Provide legal counsel to the directorate on matters related to the fight against corruption and ensuring ethical governance * To review existing anti- corruption legislation and policy, with a view to proposing ammendments * To identify new and emerging issues in the fight against corruption and develop new legislation or measures to address the same * To ensure compliance with anti- corruption laws and policy by monitoring their implementation * Ensuring that Uganda's legal and policy frame work is in harmony with international anti- corruption legal instruments * To monitor Uganda's compliance...
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