...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...............................................................................................................................
Words: 31166 - Pages: 125
...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
Words: 13402 - Pages: 54
...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
Words: 3890 - Pages: 16
...Case Analysis CLARK v. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY, Appellant. SUPREME COURT OF MISSOURI, DIVISION ONE 179 Mo. 66; 77 S.W. 882; 1903 Mo. LEXIS 394 1. Provide a summary of the undisputed facts. On May 10, 1897, a train wrecked on Missouri, Kansas & Texas Railroad near Marthasville, Missouri. This train transported live animals. A conductor of the train informed a railroad track foreman that there was an accident and some steers were loose in the area and they needed to be recovered. This section of the railroad was serviced by a crew that included a track foreman Otto Housman (the defendant) and three trackmen – Housman’s two sons named Jim and George Housman, and Pleasant W. Clark (the plantiff). Mr. Clark was a section hand who worked for the railroad for the past four years. Part of his duties as a section hand were to clean up and take care of live animals transported by the railroad and to clean up around the tracks whenever there was a mess. On the night of the accident Mr. Clark was called to come help retrieve some cattle that got loose. Along with two other men (sons of the foreman) they brought all the cattle, except one Texas steer, and drove them into a pen. However, they were ordered to find and return the last steer, and then Mr. Clark and the foreman’s sons went to look for the steer. They found the steer about two hundred yards from the track. Mr. Clark noticed that an animal acted wild. Jim Housman saw that the animal...
Words: 1763 - Pages: 8
...THESIS MANUAL INSTRUCTIONS CONCERNING THE PREPARATION OF THESES AND DISSERTATIONS Research and Graduate Studies Texas A&M University-Kingsville Kingsville, Texas 78363 (361) 593-2808 SPRING 2011 COPYRIGHT PRIVILEGES BELONG TO RESEARCH AND GRADUATE STUDIES Reproduction of this THESIS MANUAL requires the written permission of the Graduate Dean. FOREWORD The nature of a research study should be one in which the investigation leads to new knowledge or enhancement of existing knowledge in the student's field of study, either through acquisition of new data or re-examination and interpretation of existing data. At the graduate level, all students should learn how new knowledge is created, how experimentation and discovery are carried out, and how to think, act and perform independently in their discipline. Depending upon the degree to which the discipline has an applied orientation, the student can demonstrate mastery of the discipline through means such as research papers, literature reviews, artistic performances, oral/written presentations or case studies. The doctoral dissertation is viewed in academia as the ultimate model of documentation of the student's research. The characteristics of dissertation research include the theoretical background, description of the problem, the method which was used to solve the problem, interpretation of results and explanation of their significance. The student is expected to produce a product of excellent quality which reflects...
Words: 10528 - Pages: 43
...Chapter Three Federalism: Forging a Nation Chapter Outline I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s...
Words: 3398 - Pages: 14
...ATTENDANCE AMONG HISPANIC FEMALE 11TH GRADE STUDENTS A Dissertation By Kelly J. Manlove BS, Stephen F. Austin State University, 1996 MS, University of North Texas, 2006 Submitted in Partial Fulfillment of the Requirements for the Degree of DOCTOR OF EDUCATION In Educational Leadership Texas A&M University-Corpus Christi Corpus Christi, Texas May, 2013 THE IMPACT OF EXTRACURRICULAR ATHLETIC ACTIVIES ON ACADEMIC ACHIEVEMENT, DISCIPLINARY REFERRALS, AND SCHOOL ATTENDANCE AMONG HISPANIC FEMALE 11TH GRADE STUDENTS A Dissertation By Kelly J. Manlove BS, Stephen F. Austin State University, 1996 MS, University of North Texas, 2006 This dissertation meets the standards for scope and quality of Texas A&M University–Corpus Christi and is hereby approved. Kamiar Kouzekanani, Ph.D. Bryant Griffith, Ph.D. Chair Committee Member Jacqueline Hamilton, Ed.D. Pamela Meyer, Ph.D. Committee Member Graduate Faculty Representative JoAnn Canales, Ph.D. Interim Dean of Graduate Studies May 2013 © Kelly Jean Manlove All Rights Reserved March 2013 v ABSTRACT THE IMPACT OF EXTRACURRICULAR ATHLETIC ACTIVIES ON ACADEMIC ACHIEVEMENT, DISCIPLINARY REFERRALS, AND SCHOOL ATTENDANCE AMONG HISPANIC FEMALE 11TH GRADE STUDENTS (March 2013) Kelly J. Manlove B.S., Stephen F. Austin State University M.Ed., University of North Texas Dissertation Chair: Kamiar Kouzekanani, Ph.D. The study examined the impact of participation in extracurricular athletic activities on GPA, reading and...
Words: 12965 - Pages: 52
...1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through the Exploration of important theories...
Words: 10611 - Pages: 43
...Chapter 1 Introduction to Law and 1. The stability and predictability created by the law is essential to business activities. ANSWER: t PAGE: 2 type: = 2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T PAGE: 2 TYPE: = 3. The natural law philosopher believes that formal law is inferior to universal moral and ethical principles that are part of human nature. ANSWER: T PAGE: 3 TYPE: = 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific...
Words: 9675 - Pages: 39
...report describes the age and sex derived from the 2010 Census questions composition of the United States in 2010. on sex, age, and date of birth (Figure 1). It is part of a series that provides an overview of the population and housing data collected from the 2010 Census. It highlights analysis of age and sex at the national level, as well as for regions, states, and counties and for places with populations of 100,000 or more. A comparison with Census 2000 data is also provided, showing the changes in age and sex composition that have taken place over the last 10 years. This report also provides information about how age and sex data were collected in the 2010 Census. The data for this report are based on the 2010 Census Summary File 1, which is among the The sex question remains unchanged from the previous census. Information on the sex of individuals is one of the few items obtained in the original 1790 Census and in every census since. As with sex, information...
Words: 9712 - Pages: 39
...The Constitution is central to the American Life. The Declaration of independence asserts the ends of American government: equal rights and the consent of the government for the sake of life, liberty, and the pursuit of happiness. But the constitution is the fundamental act of lawgiving which orders our politics, secures our rights, and defines the nation. It creates the institutions and practical arrangements by which we express our consent and govern ourselves. The development, design and structures of constitutionalism in the United States are important not because these concepts are old, or even exclusively ours, but because they form the basic architecture of American Liberty. Who controls the nation’s immigration laws- Congress or Executive? Although the question seems straight forward, the historical picture is mixed, and the text of the U.S. Constitution does not point clearly to the answer. While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and...
Words: 3960 - Pages: 16
...Licensed to: CengageBrain User Licensed to: CengageBrain User This is an electronic version of the print textbook. Due to electronic rights restrictions, some third party content may be suppressed. Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. The publisher reserves the right to remove content from this title at any time if subsequent rights restrictions require it. For valuable information on pricing, previous editions, changes to current editions, and alternate formats, please visit www.cengage.com/highered to search by ISBN#, author, title, or keyword for materials in your areas of interest. Copyright 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it. Licensed to: CengageBrain User Criminal Justice in Action, 7th Edition Larry K. Gaines and Roger LeRoy Miller © 2013 Wadsworth, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced, transmitted, stored or used in any form or by any means graphic, electronic, or mechanical, including but not...
Words: 20398 - Pages: 82
...Objectives for Chapter 18: Fiscal Policy (This is a technical chapter and may require two class periods.) At the end of Chapter 18, you will be able to answer the following: 1. How is the government purchases multiplier calculated? (Review) How is the taxation multiplier calculated? Why is it lower than the government purchases multiplier? How is the transfers multiplier calculated? 2. Given some gaps and marginal propensities to consume, calculate how much government purchases, taxes, or transfers should be changed. 3. Explain why an equal increase (decrease) in government purchases and net taxes (taxes minus transfers) has an expansionary (contractionary) effect. 4. What is the balanced budget multiplier? 5. Explain why discretionary fiscal policy has not been very effective in reducing recessions in the United States. 6. What are the “time lags”? 7. What is meant by "automatic stabilization"? What are the main automatic stabilizers? 8. What is meant by "official budget deficit"? by "structural deficit"? Why is the structural budget deficit a better measure of the intent of fiscal policy? 9. What does it mean that "fiscal policy is expansionary (or contractionary)"? How does one determine whether fiscal policy is expansionary or contractionary? 10. In what ways might budget deficits be bad for an economy? In what ways might they be good for an economy? 11. What...
Words: 9913 - Pages: 40
...Leadership Think Tank 2005 1 Built to Last Jim Collins/Jerry Porras Harper Business Essentials (Paperback Edition) 368 Pages ISBN: 0060516402 Chapter ONE On the basis of substantial research, Jim Collins and Jerry Porras observe the distinctive habits of companies of enduring greatness. In the words of the authors, “Visionary companies are premier institutions – the crown jewels – in their industries, widely admired by their peers, and having a long track record of making a significant impact on the world around them.” Visionary leaders and breakthrough ideas come and go, but visionary companies survive the transitions. The “successful habits” of the visionary companies were observed in comparison to “silver medalist” companies in the same industry. Both the visionary and comparison companies outperformed the market, but the visionary companies demonstrated extraordinary long-term results. The tandems most frequently referenced in the book are GE/Westinghouse, HP/Texas Instruments, Motorola/Zenith, P&G/Colgate, Merck/Pfizer, and Wal-Mart/Ames. These comparisons dispelled commonly held myths regarding the nature of exceptional companies. Myth Reality 1 It takes a great idea to start a great company Visionary companies did not demonstrate early success 2 Visionary companies require great and charismatic visionary leaders Leaders of visionary companies were focused on building great institutions as opposed to building their individual reputations ...
Words: 6143 - Pages: 25
...99 Chapter 8 Litigation Services Provided by Accountants CHAPTER SUMMARY Overview This chapter explains what standards apply to accountants when they perform litigation services, discusses how to qualify as an expert witness, gives tips for testifying at a deposition or trial, and points out the potential liability that accountants risk when they testify at trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure...
Words: 6617 - Pages: 27
