encyclopedias are examples of: Question 2. Statutes and case law are examples of: Question 3. For a trial court in California, a decision from the California Supreme Court would be: Question 4. For an Ohio Appellate court, a decision from the California Supreme Court would be: Question 5. For a trial court in Texas, the statutes contained in the Texas Penal Code are: Unit 2 Question 1. “Shall” and “may” are examples of: Question
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The Legal System and ADR Analysis One aspect our company utilizes to expand is purchasing smaller lucrative expanding companies. As we proceed with these procurement actions we must ensure we act in good faith, if not we may find ourselves in a similar situation as USA Truck and Knight Transportation are currently besieged in. USA Truck Inc. of Van Buren, Arkansas filed a breach of contract lawsuit against Knight Transportation Inc. of Phoenix, Arizona, because Knight Transportation is attempting
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Appealing Employment Support Allowance Decisions Employment Support Allowance How to make an ESA appeal Introduction There are three levels of appeal when appealing a decision by the Department of Work and Pensions (DWP). They are: 1. Reconsideration 2. Appealing to the First Tier tribunal 3. Appealing to the Upper tribunal. Generally it is best to first appeal by asking the Department of Work and Pensions to reconsider its decision. If this fails then you can appeal to the First Tier tribunal
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------------------------------------------------- Alternate Case Problem answers Chapter 2 Courts and Alternative Dispute Resolution 2-1A. Jurisdiction (Chapter 2—Pages 29–30) A court can exercise personal jurisdiction over nonresidents under the authority of a long arm statute. Under a long arm statute, it must be shown that the nonresident had sufficient contacts with the state to justify the jurisdiction. In regard to business firms, this requirement is usually met if the
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THIRD DIVISION [G.R. No. 143360. September 5, 2002.] EQUITABLE LEASING CORPORATION, petitioner, vs. LUCITA SUYOM, MARISSA ENANO, MYRNA TAMAYO and FELIX OLEDAN, respondents. Santos Pilapil & Associates for petitioner. Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor
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SUBJECT MATTER OF SALE 1. MELLIZA vs CITY OF ILOILO (23 SCRA 477) Facts: Juliana Melliza during her lifetime owned, among other properties, 3 parcels of residential land in Iloilo City (OCT 3462).Said parcels of land were known as Lots Nos. 2, 5 and 1214. The total area of Lot 1214 was 29,073 sq. m. On 27 November 1931she donated to the then Municipality of Iloilo, 9,000 sq. m. of Lot 1214, to serve as site for the municipal hall. The donation was however revoked by the parties for the reason
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Buss Law: Lindgren vs. GDT, LLC (96-98) Plaintiff: Lindgren/GDT, LLC Defendant: GDT, LLC/ Lindgren Facts: Lindgren came-up with an accessory concept, which she sold online and in a store in Iowa. She patented it in 2000. GDT started selling a product quite similar to hers at much higher prices through all of its distribution channels. When Lindgren found out she filed a lawsuit in the federal district court in Iowa against GDT for infringement. GDT, claiming that it has no affiliation with the
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BURGER KING CORPORATION v HUNGRY JACK’S PTY LIMITED (S175/2002) Court appealed from: Supreme Court of New South Wales (Court of Appeal) Date of Judgment: 20 November 2001 Date of grant of special leave: 19 April 2002 The appellant was the franchisor of the second largest food chain in the world. The respondent was the largest franchisee in Australia and for many years had been the sole franchisee. The respondent used its own name Hungry Jack’s for its franchised stores rather
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I. ASSUMPTION OF RISK A. Current Status The Restatement (Second) of Torts §343 provides that a possessor of land is subject to liability for physician harm caused to his invitees by a condition on the land, if but only if, he: a. knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an unreasonable risk of harm to such invitees, and b. should expect that they will not discover or realize the danger, or will fail to protect themselves
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something wrong with the process of the trial court. There are basically two channels of appeals the Federal and State appeals. After the trial courts is the Federal Court of Appeals and on the state-side are the Appellate courts, although some states only have one level of appellate courts, after that are the Federal U.S. Supreme Courts and the State Supreme Courts. In criminal cases both sides can request an appeal unless the government is involved, usually they cannot appeal for an acquittal
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