...Facts This case is unique in that it is a class suit brought by 44children, through their parents, claiming that they bringthe case in the name of “their generation as well asthose generations yet unborn.” Aiming to stopdeforestation, it was filed against the Secretary of theDepartment of Environment and Natural Resources, seeking to have him cancel all the timber licenseagreements (TLAs) in the country and to cease anddesist from accepting and approving more timber licenseagreements. The children invoked their right to abalanced and healthful ecology and to protection by theState in its capacity as parens patriae . The petitionersclaimed that the DENR Secretary's refusal to cancel theTLAs and to stop issuing them was "contrary to thehighest law of humankind-- the natural law-- andviolative of plaintiffs' right to self-preservation andperpetuation." The case was dismissed in the lower court, invoking the law on non-impairment of contracts,so it was brought to theSupreme Courton certiorari. Issue Did the children have the legal standing to file the case? Ruling Yes. The Supreme Court in granting the petition ruledthat the children had the legal standing to file the casebased on the concept of “intergenerationalresponsibility”. Their right to a healthy environmentcarried with it an obligation to preserve that environmentfor the succeeding generations. In this, the Courtrecognized legal standing to sue on behalf of futuregenerations. Also, the Court said, the law on non-impairment...
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... Petitioner, -versus- LEO R. BERONILLA, Respondent. | G.R. No. 183824 Present: CORONA,C.J., Chairperson, LEONARDO-DE CASTRO,*DEL CASTILLO, andABAD,**PEREZ, JJ. Promulgated: December 8, 2010 | | | x-----------------------------------------------------------------------------------------x D E C I S I O N PEREZ, J.: Before us is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to nullify and set aside the issuances of the Court of Appeals in CA-G.R. SP No. 102834, to wit: (a) the Resolution[1] dated 29 April 2008 dismissing the petition for certiorari under Rule 65, which assailed the trial court’s Orders[2] dated 20 September 2007 and 6 December 2007 in Criminal Case No. 07-0907-CFM for Bigamy; and (b) the Resolution[3] dated 18 July 2008 denying the motion for reconsideration of the first resolution. The trial court quashed the Information on the ground that the elements of Bigamy were rendered incomplete after herein respondent presented documents to prove a fact, which the court believed would negate the allegation in the Information that there was a first valid marriage. The evidence presented showed that respondent later obtained a judicial declaration of nullity of the first union following the celebration of a subsequent marriage. The Antecedents On 12 March 2007, herein petitioner Myrna P. Antone executed...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 74457 March 20, 1987 RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY, respondents. Ramon A. Gonzales for petitioner. CRUZ, J.: The essence of due process is distilled in the immortal cry of Themistocles to Alcibiades "Strike — but hear me first!" It is this cry that the petitioner in effect repeats here as he challenges the constitutionality of Executive Order No. 626-A. The said executive order reads in full as follows: WHEREAS, the President has given orders prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. 626 particularly with respect to age; WHEREAS, it has been observed that despite such orders the violators still manage to circumvent the prohibition against inter-provincial movement of carabaos by transporting carabeef instead; and WHEREAS, in order to achieve the purposes and objectives of Executive Order No. 626 and the prohibition against interprovincial movement of carabaos, it is necessary to strengthen the said Executive Order and provide for the disposition of the carabaos and carabeef subject of the violation; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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...CODE: B IN THE HONOURABLE SUPREME COURT OF SINDYA IN THE MATTER OF: NORTH EASTERN DRY ZONE TALUKAS ANTI CLOUD SEEDING ASSOCIATION……………………………………………………..….......... PETITIONER VERSUS STATE OF NUDI………………………………………………………………....RESPONDENT ON SUBMISSION TO THE HONOURABLE SUPREME COURT JUDGES MOST RESPECTFULLY SUBMITTED COUNSEL FOR THE PETITIONER ULC Bangalore, XVI All India Moot Court Competition, 2012 TABLE OF CONTENTS INDEX OF AUTHORITIES………………………………………………………………………3 INDEX OF ABBREVIATIONS.………...…………………………………………………………9 SYNOPSIS……………………………………………………………………………………..10 STATEMENT OF FACTS……………………………………………………………………….11 STATEMENT OF JURISDICTION………………………………………………………………12 STATEMENT OF ISSUES………………………………………………………………………13 SUMMARY OF ARGUMENTS………………………………………………………………….14 ARGUMENTS ADVANCED…………………………………………………………………….15 I. THE PRESENT WRIT PETITION IS MAINTAINABLE……………………………………15 A. Petitioner has the Locus Standi to file the writ petition……………………………...15 B. There is a violation of fundamental rights……………………………………………17 a) There is a violation of the fundamental right under Article 14 of the Constitution………………………………………………………………………...17 b) There is a violation of the fundamental right under Article 19(1) (g) of the Constitution…………………………………………………………………………18 c) There is a violation of the fundamental right under Article 21 of the Constitution………………………………………………………………………...18 II. THE STATE LEGISLATION IS NOT COMPETENT TO PASS THE “NUDI...
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...No. 12-3 pìéêÉãÉ=`çìêí=çÑ=íÜÉ=råáíÉÇ=pí~íÉë= _______________ JACKIE HOSANG LAWSON AND JONATHAN M. ZANG, v. FMR LLC, ET AL., _______________ Respondents. Petitioners, IN THE On Writ Of Certiorari To The United States Court Of Appeals For The First Circuit _______________ BRIEF FOR RESPONDENTS _______________ STEPHEN M. SHAPIRO TIMOTHY S. BISHOP MAYER BROWN LLP 71 South Wacker Drive Chicago, IL 60606 (312) 706-8684 MARK A. PERRY Counsel of Record PORTER N. WILKINSON GEOFFREY C. WEIEN GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 955-8500 mperry@gibsondunn.com RACHEL S. BRASS GIBSON, DUNN & CRUTCHER LLP 555 Mission Street Suite 3000 San Francisco, CA 94105 (415) 393-8200 Counsel for Respondents QUESTION PRESENTED Section 806 of the Sarbanes-Oxley Act of 2002 provides “[w]histleblower protection for employees of publicly traded companies.” 18 U.S.C. § 1514A(a). The question presented is whether this provision covers only employees of public companies. ii LIST OF PARTIES Respondents FMR LLC, Fidelity Management & Research Company, FMR Co., Inc., and Fidelity Brokerage Services LLC disclose the following information: The named defendant FMR Corp. was merged into a limited liability company prior to the filing of the complaints in this action. FMR LLC is the surviving entity; FMR Corp. no longer exists. FMR LLC is the parent of Fidelity Management & Research Company. FMR Co., Inc. and Fidelity Brokerage Services...
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...MANU/SC/0241/2007 Equivalent Citation: 2007(2)ALT1(SC), JT2007(2)SC1, (2007)3SCC184, [2007]1SCR317 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 1 of 2006, Transferred Case Nos. 82 to 90 of 2006 and Writ Petition (C) No. 129 of 2006 Decided On: 10.01.2007 Appellants: Raja Ram Pal Vs. Respondent: The Hon'ble Speaker, Lok Sabha and Ors. Parameter of judicial review in relation to exercise of parliamentary provisions Hon'ble Judges/Coram: Y.K. Sabharwal, C.J., K.G. Balakrishnan, C.K. Thakker, R.V. Raveendran and D.K. Jain, JJ. Counsels: For Appellant/Petitioner/Plaintiff: Ram Jethmalani, P.N. Lekihi, T.R. Andhyarujina, Sr. Advs., Krishan Singh Chauhan, Indra Pratap Singh, Gyan Mitra, Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment)...
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...PEOPLE V. DORIA 301 SCRA 668 Facts: North Metropolitan District, Philippine National Police (PNP) Narcotics Command (Narcom), received information from two (2) civilian informants (CI) that one “Jun” was engaged in illegal drug activities in Mandaluyong City. The Narcom agents decided to entrap and arrest “Jun” in a buy-bust operation scheduled on December 5, 1995 at E. Jacinto Street in Mandaluyong City. On December 5, 1995, at 6:00 in the morning, P/Insp. Cortes designated PO3 Manlangit as the poseur-buyer and SPO1 Badua as his back-up, and the rest of the team as perimeter security. PO3 Manlangit set aside P1,600.00 as money for the buy-bust operation.. PO3 Manlangit marked the bills with his initials and listed their serial numbers in the police blotter. At 7:20 of the same morning, “Jun” appeared and the CI introduced PO3 Manlangit as interested in buying one (1) kilo of marijuana. PO3 Manlangit handed “Jun” the marked bills worth P1,600.00. “Jun” instructed PO3 Manlangit to wait for him at the corner of Shaw Boulevard and Jacinto Street while he got the marijuana from his associate. An hour later, “Jun” appeared at the agreed place where PO3 Manlangit, the CI and the rest of the team were waiting. “Jun” took out from his bag an object wrapped in plastic and gave it to PO3 Manlangit. PO3 Manlangit forthwith arrested “Jun” as SPO1 Badua rushed to help in the arrest. They frisked “Jun” but did not find the marked bills on him. Upon inquiry, “Jun” revealed that he...
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...WRIT PETITION NO: _____ / 2013 IN THE MATTER OF Johnny M…………………………………………. Petitioner Vs State of Jhargram.......................……………………… Respondent Memorial Most Humbly Submitted Before the Judges of the Hon’ble Supreme Court of Indigo on Behalf of the Petitioner Rommel Khan (Roll No. : 233) Counsel for the Petitioner Table of Contents ABBREVIATIONS 3 Index Of Authorities 4 STATUTES 4 WEBSITES 4 BOOKS 4 STATEMENT OF JURISDICTION 5 STATEMENT OF FACTS 6 ENTITIES INVOLVED 6 EVENTS LEADING TO THE CASE 6 STATEMENT OF ISSUES 7 ISSUE 1 7 SUMMARY OF PLEADINGS 8 PLEADINGS 8 PRAYER FOR RELIEF 16 ABBREVIATIONS 1. & - And 2. AC - Appeal Cases 3. AIR - All India Reporter 4. All. E.R. - All England Law Reports 5. Anr. - Another 6. App. - Appeal 7. Art. - Article 8. Bom. - Bombay 9. Co. - Company 10. Cr. - Criminal 11. DC - District Court 12. Ed. - Edition 13. Hrs - Hours 14. IT - Information Technology 15. Ltd. - Limited 16. NLJ - National Law Journal 17. Ors. - Others 18. P. - Page 19. Para. - Paragraph 20. Pvt. - Private 21. SC - Supreme Court 22. SCC - Supreme Court Cases 23. SCR - Supreme Court Reporter 24. SCR - Supreme Court Reporter 25. Sec. - Section 26. V. - Verses 27. Vol. - Volume 28. WLR - Weekly Law Reports ...
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...ANG TEK LIAN, Petitioner, v. THE COURT OF APPEALS, Respondent. EN BANC [G.R. No. L-2516. September 25, 1950.] ANG TEK LIAN, Petitioner, v. THE COURT OF APPEALS, Respondent. Laurel, Sabido, Almario & Laurel, for Petitioner. Solicitor General Felix Bautista Angelo and Solicitor Manuel Tomacruz, for Respondent. SYLLABUS 1. CRIMINAL LAW; ESTAFA" ; ISSUING CHECK WITH INSUFFICIENT BANK DEPOSIT TO COVER THE SAME. — One who issues a check payable to cash to accomplish deceit and knows that at the time had no sufficient deposit with the bank to cover the amount of the check and without informing the payee of such circumstances, is guilty of estafa as provided by article 315, paragraph (d), subsection 2 of the Revised Penal Code. 2. NEGOTIABLE INSTRUMENTS; CHECK DRAWN PAYABLE TO THE ORDER OF "CASH" ; INDORSEMENT. — A check payable to the order of "cash to the person presenting it for payment without the drawer’s indorsement. D E C I S I O N BENGZON, J.: For having issued a rubber check, Ang Tek Lian was convicted of estafa in the Court of First Instance of Manila. The Court of Appeals affirmed the verdict. It appears that, knowing he had no funds therefor, Ang Tek Lian drew on Saturday, November 16, 1946, the check Exhibit A upon the China Banking Corporation for the sum of P4,000, payable to the order of "cash." He delivered it to Lee Hua Hong in exchange for money which the latter handed in the act. On November 18, 1946, the next business day, the...
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...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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...Asylum Case Date: April 21, 2013 CITATION Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000) FACTS The parties of this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez, on November 25, 1999, was rescued by two Miami anglers who found him floating on an inner tube several miles off Fort Lauderdale. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment for dehydration and hypothermia. Elian's mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. On January 19, 2000, Lazaro Gonzalez, instituted alternatively as interim temporary legal custodian, of Elian Gonzalez, a six-year-old child, against the Attorney General, the Commissioner of the Immigration and Naturalization Service ("INS"), and other federal defendants. The complaint challenged the INS's refusal to accept and adjudicate two asylum applications that Lazaro submitted with respect to Elian and an essentially identical application that bore Elian’s signature. PROCEDUAL HISTORY On January 27, 2000, the government filed a motion to dismiss or, in the alternative, for summary judgment. The district court heard oral argument on the government's motion on March 9, 2000. On March 21, 2000, the district court granted the government's motion to dismiss or for summary judgment...
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...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
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...No. 15-1972 IN THE SUPREME COURT OF THE UNITED STATES Spring Term, 2015 ________________________________ GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court and JANET M. RAINEY, in her official capacity as State Registrar of Vital Records, Petitioners, MICHÈLE MCQUIGG, Intervenor/Petitioner, v. TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; and MARY TOWNLEY, Respondents. ________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________________ BRIEF FOR THE RESPONDENTS ________________________________ Law Student Counsel for the Respondents QUESTION PRESENTED Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when: * Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions. TABLE OF CONTENTS page QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS . . . . . . . . . . . . . . ...
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...attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is appealed. · Describe how e-filings are used in court. · Explain the use of arbitration and other nonjudicial methods of alternative dispute resolution. III. Key Question Checklist · Does the dispute or controversy lend itself to out-of-court resolution? · Once jurisdiction is established, was the proper sequence of pretrial steps taken? · Was the trial sequence properly followed? ·...
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