the ‘floodgates opening’ (Hill v CC or West Yorkshire), as Sarah doesn’t work for an emergency service she would not lead to a floodgate issue. As Sarah passes all of the questions, then Susan would’ve owed Tim a duty of care. 11. Under the Civil Procedure Rules judges are expected to manage a case. Case management by judges includes Identifying the issues at an early stage, Deciding which issues need investigation and trial, Encouraging the parties to use alternative dispute resolution if
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Problem Solving Step 1: What is the problem? Childrens visitation situation with their father Step 2: What are the alternatives? Take legal action, make a verbal agreement to keep it out of court, try to stay as civil as possible to make it workout for the kids without taking it to court Step 3: What are the advantages and/or disadvantages of each alternative? If I take legal action I will have legal documentation andnot hae to worry about my childrens father acting out. He will have to
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Memorandum Re: Complaint Drafting Exercise Individual Short Memo General Information Regarding Group Dynamic The complaint drafting assignment was a very interesting and valuable practical exercise for a number of reasons. I particularly enjoyed the opportunity to apply what we’ve learned thus far in the same manner as a practicing attorney. Working within a group also afforded each of us the opportunity to draw on each other’s strengths throughout the process. Although we discussed the elements
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somewhat similar in structure but serve different purposes. “The constitution contains the fundamental principles of an organization and determines the responsibilities and rights of its officers and members. The by-laws deal with the detailed procedures and working guidelines of the organization and determine the routine operations of the organization” (A Constitution and bylaws workbook for prospective student organizations at Salem University). The constitution will spell out the assignment of
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parliamentary procedures? The purpose of parliamentary procedures is that they are a system of maintaining order in organizations. It provides a uniform method of conducting meetings in a fair and orderly manner. The use of parliamentary procedures is a respect for the law and a clear willingness to practice a specific method of procedure to follow the will of the majority, to protect the rights of the minority, and to protect the interests of those absent. The use of parliamentary procedures however
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Justin Hussey January 20, 2016 Chapter 4 Questions for Review 1.) What are the shortcomings of litigation? The first problem with litigation is that it can be very expensive. Another problem is it can be a lengthy process taking up a lot of time. The process of discovery also slows down litigation. 2.) What are the advantages and disadvantages of ADR? Some of the advantages are that the time of the case can be shortened and it can be less expensive. One of disadvantages are that since
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MEMORANDUM Supervising Attorney 29 DEC 2015 Personal Jurisdiction Out of State Business Transactions FACTS Froogle a California based company, files a complaint against Mary, a client from Vermont. Mary argues that California does not have personal jurisdiction over her. All business is done over the internet; Mary has never been to California. ISSUE Does California have personal jurisdiction over Mary? RULE Snowney v. Harrah's Entertainment, Inc., 35 Cal. 4th 1054, 1055
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ORC Ann. 2305.04 In a claim for adverse possession, the intent to possess another’s property is objective rather than subjective, and the legal requirement that possession be adverse is satisfied by clear and convincing evidence that for 21 years the claimant possessed property and treated it as the claimant’s own To acquire title by adverse possession, a party must prove, by clear and convincing evidence, exclusive possession and open, notorious, continuous, and adverse use for a period of twenty-one
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Case Name: Coady v. Harpo, Inc. Plaintiff: Elizabeth Coady Defendant: Harpo, Inc. Citation: 719 NE 2d 244 Facts: Coady appeals the dismissal of her cause of action seeking a declaratory judgment that a confidentiality policy established by defendant Harpo, Inc., was unenforceable against plaintiff, a former employee of defendant. Issue: This appeal raises three issues as to whether (1) the proper forum to consider the dispute is the court or an arbitration panel; (2) plaintiff waived any
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Filed 5/30/12 Viadro v. Titus CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE |JULIANNE VIADRO
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