Course Hero has millions of student submitted documents similar to the one below including study guides‚ practice problems‚ reference materials‚ practice exams‚ textbook help and tutor support. 3 Courts‚ CHAPTER Sources of Law‚ and Dispute Resolution TRUE-FALSE QUESTIONS 1. Federal judges are appointed for life. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 2. Court opinions are published in collections of court opinions called reporters. ANSWER: True SKILL LEVEL: AACSB Analytic
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Plaintiff now requests to remand the action back to the Superior Court ‐>the core issue: jurisdiction FEDERAL QUESTION “The district courts shall have original jurisdiction of all civil actions arising under the Constitution‚ laws‚ or treaties of the United States.” PROCEDURE AFTER REMOVAL GENERALLY “A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under
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various legal authorities in the US and various uses to which it has been put. The concept of the statute of limitations is deceptively simple. In the popular mind‚ the term refers to the amount of time during which a plaintiff may pursue a cause of civil action in court or‚ in criminal law‚ the amount of time that must elapse before a defendant is legally excused from the criminal liability associated with a crime. It is of course a truism of television courtroom drama (and the law‚ as it happens)
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traditional and nontraditional litigations forms exists depending on the circumstances of the case. Traditional litigation systems involve suit‚ answer‚ discovery‚ trial‚ and jury. According to Barron‚ (2013) “The traditional litigation system‚ the civil suit officially commences with the filing of a complaint in court by the plaintiff” (para. 2). The defendant has 21 days from the time which he or she is served the summons to file an answer
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Engineering college (d) SJBIT Engineering Boys Hostel The case pertains to Claim for refund of service tax paid by the Assessee who found that he was not accountable to pay tax in light of Circular No. 80/10/2004‚ dated 17-9-2004 since it constructed civil structures which
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2013 FLORIDA HANDBOOK ON CIVIL DISCOVERY PRACTICE TABLE OF CONTENTS PREFACE ............................................................................................................ iii Chapter 1: Available Weapons to Combat Discovery Abuse ............................... 1 In General ..................................................................................... 1 Award of Expenses and Fees on Motion to Compel ..................... 3 Exclusion of Expert Witness Opinions....
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The assumption standard does not meet modern pleading standards because it allows plaintiffs to present a claim that is missing an essential element of due process. An initial question is what are modern pleading standards? Pleadings standard in the modern era have become stricter and require plaintiffs to show more than they might have in the past. In two cases‚ Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly ‚ the Supreme Court expanded the scope of pleading requirements. The Supreme
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For how long does an offer remain open to acceptance? In volatile times it is vital to make clear the period for which offers remain open for acceptance. If currencies plunge or inflation or deflation makes a price uneconomic‚ or a business has less cash to spend‚ finding that an ‘old’ offer is accepted when it was expected to have expired can be very damaging for a business. In this case from the Victorian era‚ Montefiore had made an offer to buy shares in the Ramsgate Victoria Hotel for a particular
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CIVIL PROCEDURE RULE 1 GENERAL PROVISIONS Statutes regulating the procedure of courts will be construed as applicable to actions pending and undetermined at the time of their passage so long as vested rights will not be impaired. Under the 1987 Constitution‚ the rule-making power of the Supreme Court has the following limitations: 1. shall provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade‚ and 3
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Brief # 1-Circuit City Stores‚ Inc(Defendant) V. Mantor(Plantiff) Procedural History A year after Circuit City‚ Inc terminated Mantor’s employment he brought a civil action in state court alleging twelve causes of action. Circuit City petitioned the district court to compel arbirtration‚ and the distict court granted circuit citys motion to compel arbitration. Mantor appealed‚ argueing that the arbitration process was unforecable because it was unconsiable Issue Was the arbitration contract
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