Ord 14. The registrar refused to enter judgment but on appeal by the plaintiff the judge held that the defendant had admitted that his act had caused the plaintiff to fall and in the absence of any allegation of express or implied consent the defence amounted to an admission of battery and consequently an unjustified trespass to the person. He accordingly gave the plaintiff leave to enter Judgment. The defendant appealed to the Court of Appeal‚ contending that the essential ingredients of trespass
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one who brings the lawsuit) * Defendant: party against whom a lawsuit is brought (the one defending the lawsuit) * Appellant: party asking Court of Appeals for relief (the party bringing the appeal)‚ always the party who lost at the district court level * Appellee: party responding to the appellant’s appeal‚ always the party who won at the district court level * Petitioner: party asking the Supreme Court for relief‚ always party who lost at appellate level
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The courts just above a Magistrates’ Court are County Courts and Crown Courts. Positioned higher in the hierarchy is the High Court. Any parties not satisfied with a decision made by the High Court may lodge an application for leave to appeal with the Court of Appeal. The court of last resort and the highest appellate court is the Supreme Court (formerly‚ the House of Lords ). Decisions in the higher courts bind the lower courts. In common law legal systems‚ a precedent is established in a previous
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The ruling put in force by Equal Employment Opportunity Commission (EEOC) make it against the law to discriminate against employees on the bases of race‚ color‚ religion‚ sex‚ national origin‚ disability‚ reprisal/retaliation‚ sexual orientation or age. An individual who files a complaint or takes part in an investigation of an Equal Employment Opportunity (EEO) complaint‚ or who go up against an employment practice made illegal under any of the laws enforced by EEO Counselor‚ is protected from
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A Comparative Study on Whipping as Punishment for Muslim Women Offenders Yuhanza Binti Othman‚ Ekmil Krisnawati Erlen Joni‚ Ida Rahayu binti Mahat Faculty of Law‚ UiTM‚ Kampus Bandaraya Melaka yuhanza255@melaka.uitm.edu.my‚ ekmil777@melaka.uitm.edu.my‚ idarahayu@melaka.uitm.edu.my ABSTRACT Imposing whipping sentence serves not only to punish the offender for crime committed but to deter commission of the crime in the future. There are various offences which are punishable by whipping
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parents and siblings were in court today to hear the case against Mr Dewani be dismissed as the judge found that the prosecution’s evidence fell “far below the threshold” of what a reasonable court could convict on. Mrs Dewani’s family had led public appeals for Judge Jeanette Traverso not to let the case collapse‚ saying it would be their worst “nightmare” for the trial to finish before her husband had even taken the stand. They immediately left the courtroom after Monday’s verdict was delivered‚ venting
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Case Name‚ Citation‚ and Court: TRACO‚ INC.‚ A THREE RIVERS ALUMINUM COMPANY‚ Appellant v. ARROW GLASS CO.‚ INC.‚ Appellee Appeal No. 04-90-00382-CV COURT OF APPEALS OF TEXAS‚ Fourth District‚ San Antonio Key Facts Traco Inc is an aluminum company that supplies pre-engineered aluminum and glass sliding doors and windows. Arrow Glass Company is a subcontractor who initially brought suit against Traco on the theories of promissory estoppel and negligence for Traco’s failure to supply aluminum
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The Democrats are one of the oldest political parties today. Their ideals have appealed too many. Over the years‚ different types of campaign strategies have been implemented. To properly campaign the party must appeal to certain groups‚ as well as present their ideas in a convincing way. The Democratic Party has remained strong by appealing to many people. Democrats work for the "little guy." They try to help out our veterans‚ and make sure that social security is reliable. Democrats are interested
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motion for leave to present evidence ex-parte without impleading her co-owner‚ citing the irreconcilable differences between them which the RTC granted. - RTC ordered Register of Deeds to reconstitute. Hence‚ the appeal by Republic‚ through OSG. - According to the Court of Appeals‚ the petition for reconstitution was filed under Sec. 3(f) of Republic Act (R.A.) No. 26 which grants the court the authority to consider other documents which it finds sufficient and proper bases for the reconstitution
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plaintiffs sued Mitsubishi Motors Corporation after a sport utility vehicle rolled over while driven on a freeway. The trial court entered an order granting the defense a motion to disqualify plaintiff’s legal team and experts. The California Court of Appeal affirmed its decision and plaintiffs sought review. Facts: Plaintiffs’ attorney obtained notes from one of the defense attorneys and used them during a deposition to impeach a defense expert. The notes were in a dialogue format and summarized
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