...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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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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...REPUBLIC ACT NO. 386 AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES PRELIMINARY TITLE CHAPTER 1 Effect and Application of Laws Article 1. This Act shall be known as the "Civil Code of the Philippines." (n) Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. (1a) Article 3. Ignorance of the law excuses no one from compliance therewith. (2) Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3) Article 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. (4a) Article 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. (4a) Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. (5a) Article 8. Judicial decisions applying or interpreting the laws or...
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...I. INTRODUCTION: TYPES OF NEGOTIABLE INSTRUMENTS Money: UCC defines money to mean a “medium of exchange currently authorized or adopted by a domestic or foreign government” 1-201(24). * * The Functions of Money (1) Medium of Exchange Cures two problems with bartering: Double coincidence of wants, e.g. you have a horse you want to trade, and you want a cow—now you need someone who has a cow, and wants a horse. Depreciable commodities (2) Store of Value Money may be used as a store of value. Not all stores of value are money. (3) Unit of Account Unit in which prices are stated and accounts maintained. (4) Statement of Deferred Payment Measure of what must be paid in long-term transactions like loans and annuities. What is Payment Systems? Concerned with the law governing the payment component of commercial transactions. This is the law applicable not to money itself, but to the various substitutes for money. Payments law is not derived from principles of “higher law.” Instead, it is instrumental—designed to facilitate commercial transactions. One way to view payment law is as creating a set of default rules. These rules are designed to establish what the parties would otherwise do for themselves, if they were able to bargain about what the rules would be. Presumably, people would like to reduce transaction costs. So how do we determine what the parties would have chosen? We engage in a “thought experiment” and imagine what kind of bargain parties...
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...400 Must-Have Words for the TOEFL® This page intentionally left blank. 400 Must-Have Words for the TOEFL® LYNN STAFFORD-YILMAZ LAWRENCE J. ZWIER MCGRAW-HILL New York Chicago San Francisco • Lisbon London • Madrid • Mexico City • Milan • New Delhi San Juan • Seoul • Singapore • Sydney • Toronto • • Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved. Manufactured in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. 0-07-146707-6 The material in this eBook also appears in the print version of this title: 0-07-144328-2. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For more information, please contact George Hoare, Special Sales, at george_hoare@mcgraw-hill.com or (212) 904-4069. TERMS OF USE This is a copyrighted work and The McGraw-Hill Companies, Inc. (“McGraw-Hill”)...
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...NEED MORE TOEFL MATERIALS?? Go Here: http://www.yosite.ru 400 Must-Have Words for the TOEFL® This page intentionally left blank. 400 Must-Have Words for the TOEFL® LYNN STAFFORD-YILMAZ LAWRENCE J. ZWIER MCGRAW-HILL New York Chicago San Francisco • Lisbon London • Madrid • Mexico City • Milan • New Delhi San Juan • Seoul • Singapore • Sydney • Toronto • • Copyright © 2005 by The McGraw-Hill Companies, Inc. All rights reserved. Manufactured in the United States of America. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. 0-07-146707-6 The material in this eBook also appears in the print version of this title: 0-07-144328-2. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. For more information, please contact George Hoare, Special Sales, at george_hoare@mcgraw-hill.com or (212)...
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...MANAGERIAL ECONOMICS Suggested Practice Problems • All multiple choice problems in Chapters 21, 22, and 23 • Individual problems: 21.2, 21.3, 22.5, 23.3, 23.5 • Answers (Click Here) Complete Final Exam. The exam must be completed by Sunday at 11:59 p.m. ET. Exam covers Weeks 5, 6, 7, and 8. Chapter 21 – Getting Employees to Work in the Firm’s Best Interests Chapter 22 – Getting Divisions to Work in the Firm’s Best Interests Chapter 23 – Managing Vertical Relationships Managerial Economics, 3rd Edition Luke M. Froeb; Brian T. McCann; Michael R. Ward; Mikhael Shor http://en.wikipedia.org/wiki/Managerial_economics / http://www.coursehero.com/sitemap/schools/501-FIT/courses/1467122-ECONBUS-5421/ http://www.coursehero.com/sitemap/states/Massachusetts/ Managerial economics is the "application of the economic concepts and economic analysis to the problems of formulating rational managerial decisions".[1]It is sometimes referred to as business economics and is a branch of economics that applies microeconomic analysis to decision methods of businesses or other management units. As such, it bridges economic theory and economics in practice.[2] It draws heavily from quantitative techniques such as regression analysis, correlation and calculus.[3] If there is a unifying theme that runs through most of managerial economics, it is the attempt to optimize business decisions given the firm's objectives and given constraints imposed by...
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...EVIDENCE OUTLINE Prof. Mark Bonner Fall 2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability...
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...1575 ESSAYS by Michel de Montaigne translated by Charles Cotton I. OF CUSTOM, AND THAT WE SHOULD NOT EASILY CHANGE A LAW RECEIVED. HE seems to have had a right and true apprehension of the power of custom, who first invented the story of a countrywoman who, having accustomed herself to play with and carry, a young calf in her arms, and daily continuing to do so as it grew up, obtained this by custom, that, when grown to be a great ox, she was still able to bear it. For, in truth, custom is a violent and treacherous schoolmistress. She, by little and little, slily and unperceived, slips in the foot of her authority, but having by this gentle and humble beginning, with the benefit of time, fixed and established it, she then unmasks a furious and tyrannic countenance, against which we have no more the courage or the power so much as to lift up our eyes. We see her, at every turn, forcing and violating the rules of nature: "Usus efficacissimus rerum omnium magister." I refer to her Plato's cave in his Republic, and the physicians, who so often submit the reasons of their art to her authority; as the story of that king, who by custom brought his stomach to that pass, as to live by poison, and the maid that Albertus reports to have lived upon spiders. In that new world of the Indies, there...
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...Chapter 1 Introduction to Law and Legal Reasoning TRUE/FALSE QUESTIONS A1. The stability and predictability of the law is essential to business activities. B1. An important function of the law is to provide jurisprudence. A2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. B2. How judges apply the law to specific disputes may depend in part on their personal philosophical views. A3. The basis for the U.S. legal system is natural law. B3. A judge’s view of the law is of little importance in a common law legal system. A4. Constitutional law includes only the U.S. Constitution. B4. Congress can only pass legislation that falls within the limits set up by the U.S. Constitution. A5. A state constitution is supreme within the state’s borders. B5. The U.S. Constitution is the supreme law of the United States. A6. Whether a law is constitutional depends on its source. B6. Each state has its own constitution. A7. Uniform laws apply in all states, including those in which the laws have not been adopted. B7. The Federal Trade Commission developed the Uniform Commercial Code. A8. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. B8. State agency regulations take precedence over conflicting federal...
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...REGULATION FOR CONSERVATIVES: BEHAVIORAL ECONOMICS AND THE CASE FOR “ASYMMETRIC PATERNALISM” COLIN CAMERER, SAMUEL ISSACHAROFF, GEORGE LOEWENSTEIN, † TED O’DONOGHUE, AND MATTHEW RABIN INTRODUCTION Regulation by the state can take a variety of forms. Some regulations are aimed entirely at redistribution, such as when we tax the rich and give to the poor. Other regulations seek to counteract externalities by restricting behavior in a way that imposes harm on an individual basis but yields net societal benefits. A good example is taxation to fund public goods such as roads. In such situations, an individual would be better off if she alone were exempt from the tax; she benefits when everyone (including herself) must pay the tax. In this paper, we are concerned with a third form of regulation: paternalistic regulations that are designed to help on an individual basis. Paternalism treads on consumer sovereignty by forcing, or preventing, choices for the individual’s own good, much as when parents limit their child’s freedom to skip school or eat candy for dinner. Recent research in behavioral economics has identified a variety of decision-making errors that may expand the scope of paternalistic regula- Professor Camerer is the Rea and Lela Axline Professor of Business Economics, California Institute of Technology; Professor Issacharoff is the Harold R. Medina Professor of Procedural Jurisprudence, Columbia Law School; Professor Loewenstein is a Professor of Economics and Psychology...
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...IMPORTANT This electronic version of The Century Vocabulary Builder (1922) has been prepared by Serenson Pty Ltd for www.write-better-english.com. This PDF follows the pagination of the original (hard copy) book and includes hypertext links that we have inserted, which look like this. Please do not remove links. Reformatting the original text into this PDF has been no easy task; it is possible that the process has introduced errors or caused omissions. As a result, we make no guarantee about the accuracy or completeness of this version of the Vocabulary Builder. If you find an error or omission in this PDF, please check the original book and contact us so that we can fix the error or omission. Please check your local copyright laws before accessing this PDF. If you are serious about building your vocabulary, we highly recommend you try the popular vocabularybuilding program called Ultimate Vocabulary Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx THE CENTURY VOCABULARY BUILDER BY GARLAND GREEVER AND JOSEPH M. BACHELOR NEW YORK THE CENTURY CO. Want the ultimate vocabulary builder? Click www.write-better-english com/ultimate-vocabulary.aspx PREFACE You should know at the outset what this book does not attempt to do. It does not, save to the extent that its own special purpose requires, concern itself with the many and intricate problems of grammar, rhetoric, spelling, punctuation, and the like; or clarify...
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...Notes for the Course: Religion and Ethics in our Modern Society, 2012 By Dr H Ndlovu Definition and Nature of Christian Ethics Ethics is derived from the Greek word “ethos” that is also comes from another word “ethika.” Ethika means norms, conventions, values, customs the society. Thus ethics is a discipline that examines one’s moral standards or the moral of a society. These are absorbed from family, church and friends. Why Study Ethics There are nine reasons why human beings have to study ethics. 1. Human beings are capable of reasoning from cause to effect with the understanding that everything done has effect. 2. Human beings are capable of making choices after comparing the alternatives, that is, internal and external. People have two cells namely: a. Real – what we have now b. Ideal – what we are aiming at 3. Human beings are self – conscious. This means we can study ourselves by being a subject and be the object at the same time. 4. Human beings are finite or limited not knowing what will happen from the next moment or next door. Thus, we must have principles to apply when situations comes. 5. Human life is an active dynamic phenomenon – We do something as if we do nothing. 6. People also can be taught to be good (Isaiah 1 :18) 7. Human beings are capable of filing an obligation 8. Human beings are also capable of understanding what moral terms like freedom, dignity and so on affects other people. 9. Finally, human beings need to survive. Human civilization...
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...1 Autobiography of Andrew Carnegie CHAPTER I CHAPTER I CHAPTER II CHAPTER II CHAPTER III CHAPTER III CHAPTER IV CHAPTER IV CHAPTER V CHAPTER V CHAPTER VI CHAPTER VI CHAPTER VII CHAPTER VII CHAPTER VIII CHAPTER VIII CHAPTER IX CHAPTER IX CHAPTER X CHAPTER X CHAPTER XI CHAPTER XI CHAPTER XII CHAPTER XII CHAPTER XIII CHAPTER XIII CHAPTER XIV CHAPTER XIV CHAPTER XV Autobiography of Andrew Carnegie 2 CHAPTER XV CHAPTER XVI CHAPTER XVI CHAPTER XVII CHAPTER XVII CHAPTER XVIII CHAPTER XVIII CHAPTER XIX CHAPTER XIX CHAPTER XX CHAPTER XX CHAPTER XXI CHAPTER XXI CHAPTER XXII CHAPTER XXII CHAPTER XXIII CHAPTER XXIII CHAPTER XXIV CHAPTER XXIV CHAPTER XXV CHAPTER XXV CHAPTER XXVI CHAPTER XXVI CHAPTER XXVII CHAPTER XXVII CHAPTER XXVIII CHAPTER XXVIII CHAPTER XXIX CHAPTER XXIX Autobiography of Andrew Carnegie Project Gutenberg's Autobiography of Andrew Carnegie, by Andrew Carnegie This eBook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this eBook or online at www.gutenberg.org Title: Autobiography of Andrew Carnegie Author: Andrew Carnegie Editor: John C. Van Dyke Release Date: March 13, 2006 [EBook #17976] Language: English Character set encoding: ISO-8859-1 *** START OF THIS PROJECT GUTENBERG EBOOK AUTOBIOGRAPHY OF ANDREW CARNEGIE Autobiography of Andrew Carnegie ...
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