the future. 3. What type of jurisdiction did the federal courts have in this case? Was it a federal question case or a diversity of citizenship case? Why? The federal courts had jurisdiction based of the Rule of Civil Procedure, Rule 23(b)(2), which governs civil procedures. Something
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debtors failed to show the court that the assignee was guilty of any fraud. Furthermore, evidence clearly stated that plaintiff had no actual knowledge of the alleged fraud. Thus, under N.Y Uniform Commercial Code 3 – 305 and Federal Rules of Civil Procedure Rule 56, unless it could be proven that the holder had actual knowledge of the fraudulent conduct which was used to induce the defendants to execute the Note, the plaintiff is the holder in due course. Analysis: The court finds that: 1
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IBM DB, MS SQL Server. Oracle 12C Oracle 12C is a cloud base database management system. It supports the following operating systems (OS) Microsoft Windows, Linux, Oracle Solaris and some Unix. It is a web-based interface that stores all the procedures on the Oracle Management Repository. The most recent update was released on September 30, 2014. Some of the benefits of Oracle 12c are the following. Per oracle documentation “It provided a secure multitenant application by adding a layer of abstraction
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Synopsis: One of the most significant mining disaster happened at a little valley that located in Buffalo count, West Virginia in February 1972. The disaster cause by a dam corruption which was used to block black water produced in mining procedures. The flood break out from the fallen dam and rush out the 17 mile valley below it, killed more than 100 people, 1000 people injured and more than 4000 people were homeless. The disaster quickly gain the attention from the author of the book, Gerald
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Kringle v. Elliott Summary: The plaintiff, on behalf of her then seven-year-old son, brought an action against the defendant Elliot for injuries the child sustained resulting from a bite by defendant's golden retriever. The trial court granted the defendant's motion for a directed verdict reasoning that because this was the dog's first bite of a human, there was there was no cause of action under Georgia's “first bite” rule. The appellate court found that the excluded evidence did not indicate
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Based on Butterworth the Court concluded that Congress intended that applicants would be free to introduce new evidence in § 145 proceedings subject only to the rules to all civil actions, the Federal Rules of Evidence and the Federal Rules of Civil Procedure. The Court further found that a de novo review adhered to the court’s instructions in Butterworth that a section 4915 proceeding is to be heard “upon the whole merits” and conducted “according to the ordinary course of equity practice and
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Section One: Rule: A civil action is commenced (1) by filing a complaint with the court and serving the summons and complaint within ten days of the court filing date, or (2) by service of a summons and complaint. The summons and complaint must be served by a non-party who is at least eighteen years of age. Elements: • Filing the complaint with the court • Serving the summons • Serving the complaint • Within ten days of the court filing date • Service of a summons and complaint Facts: Nancy is
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Under the liability exclusions of Carleen’s policy, a preclusion of coverage is provided for: “[b]odily injury or property damage arising out of the rendering of or the failure to render professional services.” Notably, the term ‘professional services’ is not defined under the Policy. Maryland’s intermediate appellate court, in Utica Mut. Ins. Co. v. Miller, 130 Md. App. 373 (1998), in the context of its review of a declaratory judgment action, had occasion to review what constituted ‘professional
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As judge, I will award the plaintiff in this case. There are several violations that took place in the case. First, the partner made unlawful comments to the plaintiff as it relates to her disclosing that she has a child. Disclosing such information, was not considered part of the employment process and not contingent to actually being hired for the position. The employer clearly terminated the plaintiff as a result of retaliation. The plaintiff was disadvantaged due to having engaged in protected
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Glatt v. Fox Searchlight Pictures is a case heard by the Second Circuit Court in New York, on July 2nd, 2015. The case concerned three individuals who worked has interns for Fox Searchlight Pictures for a certain period. During their internship, the three individuals have used for different tasks and other menial job that required them to work sometimes over height hours a day or forty hours a week. At the end of their internship period, the three individuals (Eric Glatt, Alexander Footman and Eden
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