ISSUE: Whether or not the foregoing findings
ISSUE: Whether or not the foregoing findings
ISSUE: (One or two sentences about what the case is trying to answer – should be in the form of a question). Were the actions of Mrs. Mitchell constituted misconduct under § 59-90-5(b), N.M.S.A.1953?…
1. Due by Day 7. Week 1 Exercises. Complete these problems and turn them in via the dropbox: P12-1, P12-7, P12-10, P12-14, E13-21, E13-22, and P13-6.…
Issues: 1) Whether the district court erred in concluding that hay is not a “product “for purposes of a strict liability in tort cause of action. 2) Whether the District Court erred in concluding that the Rothings negligence claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses, thus no duty of care existed. 3) Whether the District Court erred in concluding that the Rothings’ breach of contract claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses. 4) Whether the District Court erred in imposing discovery sanctions against the Rothings. 5) Whether the District Court erred in awarding attorney’s fees to Kallestad and denying the Rothings a hearing in respect to the calculation of attorney’s fees. (₱3-7)…
Understand who is an employee and who is an independent contractor and know the risks of misclassification.…
The purpose of this arbitration paper is written for arbitration meeting conducted on April 4th 2014 for the incident happened in February 15th.…
In Mr. Andrew Beckett’s case, he was wrongfully terminated from his counsellor position at Wyatt, Wheeler & Brown, and has the opportunity to approach the legal options of a civil case, Charter of Rights and Freedoms case, or a Human Rights complaint. Each legal option has its advantages and disadvantages, although, there is one particular option which contains all of the facts and evidence that will be most effective for Mr. Beckett, due to his lack of time and need of financial income. After examining a Human Rights case, Charter of Rights and Freedoms, and civil case, it is clearly evident that Mr. Beckett should take the approach of the Human Rights case due to the fact that it is most optimum legal choice regarding the predicament Mr. Beckett is facing.…
When looking at this case and PRSA Code of Ethics there are a few values that apply. The first one being honesty, “We adhere to the highest standards of accuracy and truth… (Swann 575).” When Ryan talks about how deceiving the news media goes against good media relations. Being honest in PR is how you are able to keep your public happy. Another code is Expertise when they mention how it is fair for the government to communicate via press release, however to not have someone fake be a journalist.…
Fashion designer Christian Louboutin brings this appeal from an August 10, 2011 order of the United States District Court for the Southern District of New York (Victor Marrero, Judge) denying a motion for a preliminary injunction against alleged trademark infringement by Yves Saint Laurent, a competing fashion house ("YSL"). The District Court found that Louboutin's trademark was likely not enforceable and declined to enter a preliminary injunction against YSL's use of the trademark.…
An insurance broker firm, Ashton & Ashton secures insurance coverage bids based on their client’s individual needs. The broker gets compensated for their services based on an industry average of 10 to 15 percent. An additional way they get paid is founded on the contingency payment made annually by the insurance provider which is established on the past years volume of business.…
This case is based on psychological testing for prospective employees at a Target store located in California, during 1989. The test in question is a combination of two standard tests given to applicants in public safety positions such as a prison guard. Once the test is complete the consulting psychologists rate the job seeker on the following traits: emotional stability, interpersonal style, addiction potential, dependability, and rule following behavior (pg. 113).…
The proposed final draft of class action of late Justice Somboon Boonpinon’s object is to solve the problem of mass tort or mass injured person. This draft was made from the model rule 23 of the united stated about class action. This class action has to be separate from the normal civil procedure as it has its special characteristic which differs from the normal procedure. The most important and significant feature of class action is draft of section 222/35 said “the decision will bind all member of the class” regardless whether they have involved in the litigation or not. This is overrule the principle of section 145 of Civil Procedure code; within paragraph 2 said “..the decision shall not bind third person..” Moreover, this draft section 222/35 grants the power to the counsel to enforce the decision on behalf of the plaintiff and the member of the class. The member of the class only has the right to request his share but not to enforce individually. In present procedure, the counsel of the plaintiff will have the authority to do so only his client grants him the power.…
Albar and Romero were charged of violating the Government Service and Insurance System (GSIS) Act of 1997 and the Home Development Mutual Fund Law (Pag-IBIG) of 1980 for allegedly withholding the GSIS and Pag-IBIG monthly contributions and loan amortizations of DepEd Basilan Schools Division employees, amounting to P51.59 million spanning October 2002 to June 2004.However, after a re-investigation the Office of the Ombudsman flip-flopped and “found no probable cause to hold accused Albar responsible for the charges.” The prosecution found out that it was Olivia San Pablo, chief accountant of the Accounting Division of DepEd-Central Office in Pasig City (Metro Manila), who “had claimed responsibility” for the remittance of all deductions made against the teachers.Lolificacion de Ramos confirmed the findings and said that starting October 2002, the Basilan Schools Division master list of deductions was sent to the DepEd-Cotabato City and not to Zamboanga City, where Albar holds office. “Considering, however, the positive showing that the responsibility for remitting these funds was lodged with the the DepEd-[Cotabato City] and not with DepEd-[Zamboanga City] . . . Albar could not be held responsible or such remittances,” the ruling read which said the dismissal was “only proper.” As for Romero, his case was dismissed because his salary grade was only at level 15. Sandiganbayan is hearing only cases where the principal accused has a salary grade of 27 and higher. Associate Justices Efren de la Cruz, Rodolfo Ponferrada and Rafael Lagos stood witness to the promulgation of the resolution…
The petitioner, petition to declare for the nullification of marriage against the respondent for the ground of psychological incapacitated to exercise essential obligations as shown by the following circumstances, the respondent was reneged on the promise to live in one roof after finding a job, failed to extend financial support to the petitioner, blaming the petitioner for the death of the mother’s respondent, and presented himself single for all his transaction and pretended working in Davao although he was cohabiting with other woman in Novaliches City.…
Rizalino Simbillo is guilty of violating Rule 2.03 and Rule 3.01 of the Code of Professional Responsibility and Rule 138, Section 27 of the Rules of Court HELD Yes. Petitioner was suspended from the practice of law for one year and was sternly warned that a repetition of the same or similar offense will be dealt with more severely. Ratio The practice of law is not a business. It is a profession in which duty…
CRIMINAL LIABILITIES OF PUBLIC OFFICIALS misfeasance is any person, who, by direct provision of law, popular election or appointment by competent authority, shall take part in the performance of public functions in the government, or shall perform in said government or in any of its branches public duties as an employee, agent or subordinate official of any rank or class Dereliction of Duty by Officers Related to the Administration of Justice Articles 204 - 209 Art. 204. Knowingly rendering unjust judgment. – Any judge who shall knowingly render an unjust judgment in any case submitted to him for decision, shall be punished by prison mayor and perpetual absolute disqualification.…