such capacity. Upon motion of the appellee, as accused in the aforesaid case, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. The present appeal was taken by the fiscal for the purpose of setting aside the order of dismissal in question.chanroblesvirtualawlibrarychanrobles virtual law library The question to decide, therefore, is whether or not the facts as alleged in the said information
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An appeal is when a person who is convicted of a crime or is told they can’t do a certain thing and the person submits questions in writing why this decision was made and wants the verdict and the case to be looked at another time. Most causes for an appeal is from people thinking they are innocent or have the right to do what they want where they want to do it. The way an appeals process can affect the overall criminal procedures or process is if the appeal gets looked at and the ruling from
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presented. Also the second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In Indiana, appeals are decided by more then one judge. The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case. 4. On
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Question 14 GMM Grammy is beinGMM Grammy is being sued for copyright infringement in several cases. Compute the value of the liability that the company has accrued in its balance sheet for the outcome of these lawsuits?g sued for copyright infringement in several cases. Compute the value of the liabilities that the company has accrued in its balance sheet This question is about contingent liabilities that GMM Grammy have liabilities that should recorded in balance sheet or not? If yes we will
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STARE DECISIS. Formerly, the courts applies earning capacity in fashioning child support awards in limited situations where the record demonstrated that the parent was shirking parental responsibilities by refusing to accept or seek gainful employment. Philbin v. Philbin 19 Cal.App. 3d 115, 96 Cal.Rptr. 408 (1971) With enactment of the Agnos Child Support Standards Act of 1984, the Legislature observed , in former Civil Code section 4720 (a), California has no single standard to promote equitable
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State of Confusion BUS415 State of Confusion Paper Jurisdiction The jurisdiction that holds the suit Tanya wishes to file would be the Federal District Court. The statute appointed by Confusion ordering all trucks and trailers to use the [pic]B-type hitch is a matter of interstate commerce. Tanya will be able to file a suite in her own state of Denial over the state law in Confusion because this matter will lie in federal courts. Is the Confusion statute constitutional
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CASE BRIEF Style of Case and Citation: Burlington Industries, Inc v Ellerth 524 U.S. 742 (1998) Court Rendering Final Decision: U.S. Supreme Court Identification of Parties and Procedural Details: Kimberly Ellerth (plaintiff) sued Burlington Industries, Inc (defendant) stating that sexual harassment was the cause of her forced discharge. The District Court determined that Mr. Slowik’s behavior created a hostile environment. The courts also found that Burlington Industries
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SAREI V.RIO TINTO, PLC 487 F. 3d 1193 (2007) United States Court of Appeals (9th Cir.) Facts: This case took place in Bougainville, Papua New Guinea, which is a country close to Australia, between 1972 and 1989. Rio Tinto is an international mining group with headquarter in London, Europe. Plaintiffs are former and current residents of Bougainville that alleged damages as a result of mine’s operations. They claim that after mine started operating, they started getting sick because of the mine’s
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United States 5th Circuit Court of Appeals Reports - NORDMANN v. NATIONAL HOTEL COMPANY, 425 F.2d ... Page 1 of 7 NORDMANN v. NATIONAL HOTEL COMPANY, 425 F.2d 1103 (5th Cir. 1970) Mary LeBlanc NORDMANN, wife of/and Ervin A. Nordmann, Plaintiffs-Appellees, v. NATIONAL HOTEL COMPANY, d/b/a The Jung Hotel et al., Defendants-Appellants. No. 26894. United States Court of Appeals, Fifth Circuit. April 19, 1970. Page 1104 Ashton R. Hardy, New Orleans, La., for defendants-appellants. Phillip A. Wittmann
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Certainty in the law is a concept for which the Administration of Justice strives. Judicial precedent promotes certainty in case law while Statutory Interpretation promotes certainty in legislation. Discuss these statements with reference to the principles and rules of Judicial Precedent and Statutory Interpretation. Illustrate your answer by reference to cases. Individuals have different perceptions, and businesses operate in a market-based system, where production is fuelled by profit
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