dogs from posted property. 4) UCC Article 9- a secured party has the right to proceed to self help repossession default without regard to common law ownership. 5) Right of repossession of chattels may be exercised w/o recourse to courts, provided done peacefully. iv) Most common use is the seller’s peaceful repossession of goods following the buyer’s default in
Words: 113918 - Pages: 456
Business Law and Bankruptcy Assignment 3 1. Joan’s conduct is protected by the business judgment rule, because it’s a legal principle that makes officers, directors, managers, and other agents of the corporation immune form liability to the corporation for the loss incurred in corporate transactions that are within their authority and power to make when sufficient evidence demonstrates that the transactions were made in good faith. 2. Joan recommends that ManBant give Bob a $300 million
Words: 335 - Pages: 2
purchaser her deposit back. Rule |Sayres v. Wheatland Group |L.L.C. | OVERVIEW: Defendants sought to apply equitable principles in seeking specific performance of the contract. The disposition of the instant motion for partial summary judgment and demurrer was controlled, at this stage of the proceedings, by defendants' assertion that they were entitled to equitable relief in that they had fully performed and called for settlement. The court found that although the doctrine
Words: 2144 - Pages: 9
term Judicial Immunity Absolute, even when the judge acts maliciously Organization of the Court Systems Original Jurisdiction Appellate Jurisdiction Davis v. West Issue: HRS sued Davis for an unpaid bill and received a default judgment. Radoff was appointed as the receiver and sent a letter to the defendant’s bank demanding payment, which was received. Davis sued Radoff for abuse of process. Is Radoff protected by derived judicial immunity? Rule: Derived judicial
Words: 1275 - Pages: 6
Judicial Review: The power enables the judicial branch to act as a check on the other two branches of government. Jurisdiction: The power to speak the law. In Rem Jurisdiction: Court can exercise jurisdiction over property that is located within its boundaries. Bankruptcy Court: Only handles bankruptcy proceedings. Probate Courts: State courts that handle only matters relating to the transfer of a person’s assets and obligations after that person’s death. Federal Courts: Federal
Words: 740 - Pages: 3
......................................................................................................12 Responses to the Complaint ................................................................................................................18 Motion Practice ....................................................................................................................................23 PART III DISCOVERY CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER
Words: 31166 - Pages: 125
liable for the losses caused by the injury. The plaintiff in this case contacted his attorney, Robert Mitchell, who prepared documents to begin the lawsuit. For this case you will become familiar with the summons, caption, complaint, motion for default judgment, and default
Words: 308 - Pages: 2
the amount, if any, by which the rent is to be reduced to reflect the diminution in value of the dwelling unit during the period of noncompliance with s. 83.51(1). After consideration of all other relevant issues, the court shall enter appropriate judgment.(2) In an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day
Words: 538 - Pages: 3
Your client wants to file suit, but is unfamiliar with litigation, and may be a tad naïve about the process. Describe, in general, the life of a lawsuit from beginning to end (what pleadings get filed, what is trial like, in general, etc.). Also, please describe the structure of the federal and state judicial branches (what courts are out there). Go on a brief tangent about alternative dispute resolution, and explain the process of mediation and how it differs from arbitration. Although
Words: 1262 - Pages: 6
|) | | | |) |Memorandum of Points and Authorities in opposition to motion to | | |) |vacate order for hearing set for September 17th, 2008 | | |) |Assigned to the Honorable
Words: 3087 - Pages: 13
