Civil Procedure Outline Chapter 1: An Introduction to American Courts Chapter 2: A Description of the Litigation Process and Sources of Procedural Law Chapter 3: Diversity Jurisdiction in the Federal Courts I. Introduction: II. State Citizenship of Individuals: The Domicile Test 1. Common Law concept of Domicile: a. Residence with the intent to remain “indefinitely.” b. Has been used for several purposes. For example: to determine the power to
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Business Law Marty Finucane Summer 2013 You Be the Judge – 2 SUBJECT: The Marley Cooling Tower Company v. Caldwell Energy & Environmental, Inc., 280 F. Supp. 2d 651 United States District Court for the Western District of Kentucky, 2003 A. Facts From the case notes, Caldwell manufactures and installs cooling systems for power plants. There was an agreement between Caldwell and Duke/Fluor Daniel to install one of their systems in South Carolina. Part of the
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MANUAL FOR LAWYERS AND PARTIES Rules 22 and 24 Revised Rules of Civil Procedure (Pursuant to A.M. 14-03-02-SC, March 8, 2014) RULE 22: PRELIMINARY CONFERENCE I. BEFORE THE PRELIMINARY CONFERENCE A. Pleadings, motions and modes of discovery 1. Ensure that you have filed all the necessary pleadings in support of your cause of action. 2. Avail of the various modes of discovery under Rules 27 to 31 of the Revised Rules of Civil Procedure [Section 22.3].
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recommendation. Bob’s airline falls into bankruptcy, Bob defaults on the loan, and the bank is only able to recover $150 million. The shareholders bring a derivative lawsuit against Joan for breach of her fiduciary duty of care. They claim that her research into Bob was deficient, and based on Bob’s background and the state of the airline industry Joan should have known that the venture was not likely to succeed. Is Joan’s conduct protected by the business judgment rule, and is the derivative action against Joan
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State of Confusion The answer to the question about what court will have jurisdiction power over Tanya's suit could be formulated as stated: It is the federal law who takes superiority and takes charge of any conflicts that happen within the state and locally (Cheeseman, 2010). With this, it is therefore the federal law that will take care of Tanya’s suit. However, a statement from the same case also affirms that if the claimant is bringing an existing case to the jurisdiction in state court, then
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Assets 15 d. First Day Motions 19 e. DIP Financing 28 f. The Unsecured Creditors Committee 32 g. Administrative Expenses – Professional Fees 32 IV. The § 363 Sale 38 a. Road to the § 363 Sale 38 b. The Motion 41 c. Sale Terms 42 d. Blockbuster’s Business Justification for the § 363 Sale 46 e. Assumption and Assignment 48 f. Administrative Relief Requested 49 g. Creditors Object to the Proposed Purchase Agreement 50 h. Court’s Approval of Motion for Sale of Property
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they consider to be a judicially enforceable right created by Article 36. However, U.S. courts have dismissed such appeals on the basis that Article 36 fails to create an individual, [*pg 500] judicially enforceable right.7 Furthermore, procedural default rules often prevent courts from reviewing Article 36 claims because the foreign national fails to raise the issue at the trial level or in prior appeals.8 An obvious “catch- 22” results: foreign nationals cannot raise timely Article 36 claims if they
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concerned that were she to default on her loan, her credit would be destroyed. In response, Dan told her: Don’t worry about it. If you don’t pay your loan, the only remedy the bank has is to foreclose on the house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year
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L I T I G AT I O N A N D A D R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in
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Business Law One source of American law is Administrative law, which: • consists of rules, orders and decisions of administrative agencies • Now affects almost every aspect of a business’s operations • Is both state and federal Regarding case law, which is one source of American law, which of the following is NOT true? Case law is: • Based on a particular case decided in 1787 One particular uniform law which promotes commerce was first issued in 1952, and has been adopted by all fifty states
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