Appellate courts do not hear testimony of witnesses or attempt to determine which of the witnesses who testified at trial should have been believed. Determining the credibility of the witnesses is the job of the trier of fact. Appellate courts review the trial record, motions, and evidentiary exhibits. True False A Demurrer would be the appropriate pre-trial motion to file if the complaint did not state a valid cause of action (valid claim) even if all the allegations contained in the complaint
Words: 1809 - Pages: 8
This series of videos shows oral argument in the case of White v. Gibbs in which Mrs. Debbie White has sued Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act, Indiana Code 7.1-5-10-15.5. Because the parties reside in two different states, the suit was brought in diversity in the United States District Court for the Northern District of Indiana, but will be decided under Indiana state law. The defendants have made a motion for summary judgment, seeking judgment
Words: 394 - Pages: 2
claimant is holding the defendant liable for will determine the track the case will be put in to. The tracking system was introduced by Lord Woolf in order to make the court process more efficient. There are three main tracks used in the civil law procedure. The first track is known as the small claims track in which the claimant is asking for an amount of money below the cost of £5000, and for an amount below £1000 if it is a personal injury or housing claim. Although small claims have been given a
Words: 875 - Pages: 4
Learning Team Reflection Alfred Clark, Jeremy Freeman, and Jonathan G. Hartsgrove Law/531 December 11, 2011 Kevin Spiering Learning Team Reflection In today’s society, we use laws and regulations to protect the rights of the people. As stated on the NOLO law website, “in a serious dispute with someone, you may consider filing a lawsuit to get it resolved. But that's a big step, and before you take it you'll need to know whether your case is worth suing over, how and where you would file
Words: 681 - Pages: 3
IN THE COURT OF THE PRIL. JUNIOR CIVIL JUDGE AT : JAMKHANDI. ORIGINAL SUIT NO. /2011 1) Shri. Maningappa S/o.Siddappa Mishennavar. Age: Years, Occu.: Agril. R/o. : Hulyal, Tq.: Jamkhandi. Dist.: Bagalkot. - - - - PLAINTIFF. V / s. 1) Shri. Narendra S/o.Shankar Rathi. Age:
Words: 939 - Pages: 4
Manchester Code of Ordinances (MCO) over which the trial court may exercise jurisdiction, and not the Collective Bargaining Agreement (CBA). Therefore, it is irrelevant whether it is possible for the plaintiff to comply with the CBA’s grievance procedures. Those procedures simply do not apply to the plaintiff’s claim, and for those reasons the appeal court concluded that the trial court did not err in denying the City’s Motion to Dismiss. ISSUE: The other issue was the Motions for Summary Judgment DECISION:
Words: 368 - Pages: 2
Would someone buy a bike or other item sight unseen? The answer is, most likely not. Why is that? The answer is that most people want to buy value with their purchase, not just the item in question, hence the need for a buyer to feel assured that what they think they are buying is in reality what it should be. In other words, the buyer needs to be assured before making the buying decision that the buyer knows all the relevant facts surrounding a purchase. This is the concept of full disclosure in
Words: 728 - Pages: 3
Settlement or Trial? Pros and Cons - A Lawyer's Perspective Some of the Main Pros and Cons of Settling Vs. Litigation from the Eye of a Lawyer Sebastian Ungulaar, Yahoo Contributor Network Apr 9, 2012 "Share your voice on Yahoo websites. Start Here." .FlagClose Post a commentIn almost every lawsuit there will come a time when you'll be presented with a settlement offer and have to decide whether or not to take the offer or proceed to trial. Settlements, in general, are the ending of a lawsuit
Words: 885 - Pages: 4
The public generally views lawyers exactly as they are shown on television – arguing passionately to a jury of twelve (sometimes angry) men and women along with a judge who serves as an unbiased decider of all things legal. In reality, lawyers often practice law in many different forums, including administrative hearings, where the lines of neutrality and fairness may appear (at least to one side) to be a little more blurry. The topic of administrative hearings was recently discussed by judges
Words: 1278 - Pages: 6
SQL Server 2005基础教程 清华大学出版社 第1章 概述 教学目标 教学过程 2007年9月3日 第1页 SQL Server 2005基础教程 清华大学出版社 教学目标 理解使用数据库的原因 掌握数据库的基本概念和特点 理解Microsoft SQL Server简史 理解Microsoft SQL Server系统的体系结构 理解数据库和数据库对象的特点 理解管理工具的特点 理解数据库管理员的任务 2007年9月3日 第2页 SQL Server 2005基础教程 清华大学出版社 教学过程 1.1 为什么使用数据库？ 1.2 什么是数据库？ 1.3 Microsoft SQL Server简史 1.4 Microsoft SQL Server系统的体系结构 1.5 数据库和数据库对象的特点 1.6 管理工具 1.7 数据库管理员 2007年9月3日 第3页 SQL Server 2005基础教程 清华大学出版社 1.1 为什么使用数据库？ 2007年9月3日 第4页
Words: 7955 - Pages: 32
