...heard – statutory law? Law passed by a town or a county – ordinance Chapter 2 Over 75,000 dollars in federal court – in rem? Federal courts hear involving federal questions or as a matter of fairness from the fairness called diversity cases requirement of over 75,000 dollars Venue – where they hold the court as oppose A contact clause that chooses where a case will be heard – form selection Interrogatory – used in court, give the other party a list of questions and they have 30 or 45 days to answer it. Deposition – usually have a court reporter to write things down Material breach is a breach that allows you to cancel a contract Material fact is likely to affect the outcome Arbitration vs mediation Mediation is not mandatory to follow and arbitration is binding Chapter 6 Court requires or element is publication – slander,or defemation and liable (broadcast) May be allowing your dog to pee on someone elses property –tresspass Accountants generally do not have For a newspaper to be liabable for a libable What in this country makes it harder to sue a newspaper we have to show malice to get past summary judgement motion A longterm trespass of personal property can lead to conversion Conversion- treating things like it is your own evne though it is not Transferred intent – you missed a person you were trying to hit and u accidently hit the teacher but still had the intent to someone else Chapter 8 Intellectual property conducted by common law – trade secret ...
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...jake Reaction paper: “EveryChild is Special” What a sigh of relief, after watching the movie. The thoughts is raging through my mind, all at once then suddenly felt melancholic as i can see my childhood days to Ishaan, relating to some of his experiences. But even though, those didn’t manifest obviously to me anymore, there are times when i meet events that brings back the past, i can’t help but somehow feel saddened or cry, which i felt so awkward about.This movie made me cry. Aside from that i can’t really ignore missing my childhood days growing up without my father that i could only imagine now, what it would be like to me? But even how, I am not unfortunate of experiencing the love and care of my grandparents who were always there to stand in my parents’ behalf, because even my mom wasnt around those times as always goes back to abroad to work. Although, i could’nt denied the feeling of being bitter and being incomplete yet as much as i can, i should be strong, as my mother told me that: “We should not feel sorry about whatsoever lapses they had, for even her, my grandparents too have lapses, which proved mans imperfection. But despite of the fact, she asserted that instead “It’s already enough to ever thank our parents for bringing us to world. It’s something very valuable and no worth of money can ever measure. Even though life appeared seems worst to us. We have the ample time to make it right and pleasing because we have a life and given the right...
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...Law and the Internet: Trespass to Chattels Abstract: This paper focuses on the use of Trespass to Chattels Law by owners as protection against the intentional use of their systems or the resources therein by unauthorized parties. The trespass to chattels law cannot be correctly applied to internet-related property rights because this law is being incorrectly used and does not adequately address the concerns of internet property owners and the rights they seek to protect. The 19th Century trespass to chattels tort is being utilized in cyberspace to protect systems against unauthorized use in the same way it is used to protect tangible/physical property. This law was first used by internet service providers (ISPs) to fight against unsolicited bulk email or spam, which was being sent in excess over their networks and systems. However, it is becoming increasingly clear that the blanket application of this law to the internet has an adverse impact on the key function of the internet. Trespass to chattelslaw is now commonly used to fight against Robots (BOTs), which are automated programs that search the Internet. In many cases such as eBay v. Bidder’s edge, and Ticketmaster Corp. v. Tickets.com, this law was used to fight the ability of users to search the internet and of providers to present data to users. This ability to search and present data is the primary purpose of the internet, and the overbroad application of trespass to chattels law, without any form of modification...
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...LSTD 207 Final Exam Answers Follow Below Link to Download Tutorial https://homeworklance.com/downloads/lstd-207-final-exam-answers/ For More Information Visit Our Website ( https://homeworklance.com/ ) Email us At: Support@homeworklance.com or lancehomework@gmail.com LSTD 207 Final Exam Part 1 of 1 – 100.0 Points Question 1 of 30 2.5 Points A defendant should always raise any objections to personal jurisdiction in the first response to the plaintiff’s complaint or the issue is waived and may not be reconsidered. True False Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time. Question 2 of 30 2.5 Points A defendant can remove a case from state court to federal court even if the federal court could not have heard the case initially. True False Feedback: See page 27- “FAQ”. Removal jurisdiction is available to defendants only in cases that the plaintiff could have commenced in federal court. Question 3 of 30 2.5 Points Is it possible for a defendant to file a motion to dismiss for personal jurisdiction and a motion for summary judgment simultaneously? A.Yes B.No Feedback: A motion to dismiss is asserted prior to the answer (as an alternative to an answer) or in...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...mLands and Survey Department (DLS) Vocabulary (Arabic - English) Part I: Legal and registration and administrative terms Introduction: This terminology and the vocabulary are chosen from "complex languages" developed by the former Jerwan, which is located at about 1200 pages. Although this dictionary (as in the original lexicon) is arranged alphabetically, some entries are followed by expressions related to but not starting with the same letter, for example: - Revocation Revocation request Defeasible - Contact Communication channel The main entrances in the original lexicon typed bold and distinguished which –unfortunately- aren't in this brief Manual. We hope to remedy that in the subsequent audit. Hoping to issue the second part of survey and computer terminology, which are frequently used in the work of our department. Prepared by : E. Husam Madanat . Printed by : Miss Shifa'a Alaween. 15/1/2003 حرف ( أ ) |عربي |إنجليزي | |ARABIC |EINGLISH | |ابجدي : حسب الابجدية |Alphabetic, alphabetical | |ابرم (عقدا الخ ) |To conclude | |ابطال ...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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