is a frequently invoked provision in New York practice. It lists the principal grounds on which a judgment or order may be vacated. It provides (verbatim) that “[t]he court which rendered a judgment or order may relieve a party from it upon such terms as may be just, on motion of any interested person with such notice as the court may direct, upon the ground of: * 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice
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prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists
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makes an arrest of the Defendant, or the Courts will issue a warrant for the Defendant's arrest. The Court may also issue a summons requiring the Defendant to appear in Court at a particular time and date (Blaine County Idaho 2013:1).” The defendant is advised of their rights and is given an opportunity to plead guilty or not guilty. After the arraignments, but before trial there will be court hearings, during this time a pre-trial conference is held before court prior to the commencement of actual courtroom
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Innocent Criminal – Woolmington v DPP The legal maxim of ‘innocence until proven guilty’ was not uniquely established prior to the decision of this case. It is only reasonable for a person charged with an offence to not have to prove innocence. The onus is on the Crown to prove beyond reasonable doubt the guilt of the accused whom only need only raise after presentation of evidence, reasonable doubt of his guilt .Even if this explanation is not accepted, but reasonable doubt remains, the accused
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A comparison of Between Juvenile and Adult Courts When comparing adult court to juvenile court, there is a surprising abundance of difference. “ Criminal and Juvenile courts sentencing practices work at a cross –angle and sometimes frustrates the system rather than harmonize the social control of chronic and serious juvenile offenders as they proceed between the two systems” ( Juveniles in the adult system, criminal court careers of waived juveniles, 2011). After further examination, I have found
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HADLEY v http://www.scu.edu/law/FacWebPage/Neustadter/e-books/abridgedcontra... Hadley v Baxendale 9 Exch. 341, 156 Eng.Rep. 145. (Court of Exchequer, 1854) At the trial before Crompton, J., at the last Gloucester Assizes, it appeared that the plaintiffs carried on an extensive business as millers at Gloucester; and that on the 11th on May, their mill was stopped by a breakage of the crank shaft by which the mill was worked. The steam-engine was manufactured by Messrs. Joyce & Co., the engineers
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of litigation (trying cases in court), for business disputes. Here is a listing of the differences Public/Private, Formality The arbitration process is private, between the two parties and informal, while litigation is a formal process conducted in a public courtroon. Speed of Process The arbitration process is fairly quick. Once an arbitrator is selected, the case can be heard immediately. In a civil litigation, on the other hand, a case must wait until the court has time to hear it; this can
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others from using one’s land in the circumstances here is not a privacy interest. Kramer’s appeal was denied under these circumstances. 2. What was the final ruling by the court in regards to the admissibility of the evidence? As I stated above, Kramer’s appeal to dismiss the evidence found in his garbage was denied. The court could not support his claim under the Fourth Amendment. Though his garbage is not public property it is sitting in his front yard for the public to see. If Kramer did not want
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traditional litigation was used but using ADR in the case may have been the better way to go. In the state court system this case would begin by the plaintiff, Paul Rainy filing a complaint. Then Domino’s pizza, LLC has to file an answer to the plaintiff’s case, which in this case they deny being vicariously liable for the plaintiffs’ injuries. The discovery process is the next step to state court system. At this point both parties will engage in activities to discover the facts of the case from all
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using paper. In most jurisdictions, attorneys must deliver courtesy copies of any filing to chambers, print and carry numerous copies of often voluminous binders of exhibits to hearings, as well as bring paper copies of any orders to be signed to court. However, in the future, paper will be replaced by technology which will reduce time and energy. The electronic readers and the tablet computers will be the mainstream in the courtroom. This will create applications for separate files
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