train. The Rail co moved to have the case dismissed because the Plaintiff did not present any evidence of negligence. RULE OF LAW APPLIED BY COURT Sir Frederick Pollock‚ The Law of Torts: A Treatise on the Principles of Obligations arising from Civil Wrongs in the Common Law (4th
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Constructive Dismissal Moreover‚ the case must be applied to the Director General within sixty day of the dismissal because this is one of the procedures that need to apply. When the This case will be failure when respondent didn’t follow the requirements of the court because the court do not have jurisdiction to hear the case. The decision can be given by the court but the decision is turn into unlawful and can be set aside if the court continues to hear the case. Based on the case Fung Keong
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INTERROGATORIES TO DEFENDANT TO: Defendant Truck Driver BY: Plaintiff Plaintiff‚ by and through his attorney‚ requests that the defendant answer the following Interrogatories fully‚ under oath and in accordance with the Federal Rules of Criminal Procedure (FRCP)‚ title V‚ Rule 33. Interrogatory 1- Were you cautious and thorough when you locked he door on the truck‚ making sure your cargo was properly secure and was not going to fall out before leaving your stating point of your route? If your
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Chance Peterson January 31 2015 ACC 411 W.A. 2 Chapter 5 18. a. What defense should Lauren Yost and Co. use in the suit by Stuart? Contributory negligence appears to be the best defense against Stuart. The president personally verified the procedure of counting inventory on different days at different locations and thus signed off on the method. This could’ve hide the overstatement of inventory from the auditor. Also‚ Yost had no influence over this internal control weakness. b. What defense
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Republic of the Philippines FOURTH JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 45 San Jose‚ Occidental Mindoro OCCIDENTAL MINDORO ELECTRIC CIVIL CASE NO. R-1681 COOPERATIVE‚ INC. (OMECO) as Represented by its Chairman and President of the Board of Directors SAMUEL VILLAR and its General Manager ALFRED A. DANTIS‚ Plaintiffs‚ -versus- -for- ISLAND POWER CORPORATION RESCISSION AND RESOLUTION (IPC)‚ OF CONTRACT AND DAMAGES Defendant‚ x-------------------------------------------x
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How To Brief a Case Facts: what happened? Procedure: what occurred in the lower courts? Decisions made in the lower courts (before the Supreme Court). Issue(s): question of law presented to the U.S. Supreme Court. Holding: the ruling in the case. The decision/answer. Rationale: reasons why the court ruled in a particular way. Rochin v. California Year: 1952 Facts 3 deputy sheriffs of the county of Los Angeles go into Rochin’s home after obtaining potential information that
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Tenzin Lama Professor Kurland Business Law 30 April 2014 Eaton v. Waldrop Court of Civil Appeals of Alabama‚ __ So. 3d __ (2010). 45 So.3d 371 (2010) Court of Civil Appeals of Alabama. James M. EATON‚ Jr. v. Bobby Joe WALDROP. 2081095. -- March 05‚ 2010 Type of Action: Right to a trial by jury to set aside a deed Facts: On December 16‚ 2005‚ James M. Eaton‚ Jr.‚ and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated
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the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch‚ Amanda Babot who represent the plaintiff Debbie White. The defendants Patrick Gibbs and O’Malley’s Tavern are seeking a summary judgment which is a procedural device used during civil litigation to promptly and expeditiously resolve a case without a trail. A judge grants summary judgment only if there are no disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants
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February 10th‚ 2011 Take-Home Midterm Intro to Legal Studies Chapter 1- Question One The Kitty Genovese story is a tragic one and is a controversial topic when ethics come into play. Though she screamed for help repeatedly while being stabbed the observers from the surrounding apartments did very little to assist the young woman. One observer in specific did shout “Leave the girl alone” and that deterred the assailant for a brief moment but whether or not he acted ethically is something
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Synopsis: One of the most significant mining disaster happened at a little valley that located in Buffalo count‚ West Virginia in February 1972. The disaster cause by a dam corruption which was used to block black water produced in mining procedures. The flood break out from the fallen dam and rush out the 17 mile valley below it‚ killed more than 100 people‚ 1000 people injured and more than 4000 people were homeless. The disaster quickly gain the attention from the author of the book‚ Gerald
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