California. Henry sought $60‚000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles‚ California. I will answer the following questions about this case. Does the Federal Court have jurisdiction? What rules of procedure will the court use? Why? And what rules of substantive law will the court use? One of the most essential questions of law is whether a given court has jurisdiction to preside over a given case. Jurisdiction means the power to hear a case. Many courts
Premium Jurisdiction Law Common law
Feb 24‚ 2009 Cadalin vs. POEA G.R. No. L-104776‚ Dec. 5‚ 1994 GENERAL RULE: A foreign procedural law will not be applied in the forum. EXCEPTION: When the country of the forum has a "borrowing statute‚" the country of the forum will apply the foreign statute of limitations. EXCEPTION TO THE EXCEPTION: The court of the forum will not enforce any foreign claim obnoxious to the forum’s public policy. FACTS: Cadalin et al. are overseas contract workers recruited by respondent-appellant
Premium Civil procedure Law Statutory law
| Unit 7 Assignment | PA110: Civil Litigation | | Leah Heskett | 6/3/2013 | | IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING‚ ) ) Plaintiff. ) ) Civil Action No. 11-CIV-012345 ) v. ) ) ANHEUSER-BUSCH COMPANIES‚ INC. ) Judge Julie James ) Defendant. ) ___________________________ _________) REQUESTS FOR PRODCUTION OF DOCUMENTS To: Plaintiff Justin King and his
Premium Plaintiff John Smith Lawsuit
with regard to relevant issues and a convenient starting point for more detailed consideration. 2. 2.1 Expert Immunity Expert immunity is mentioned in section 7.2 of the Guide and the general principle is that expert witnesses are immune from civil claims. This is a well established principle aimed at ensuring that experts give evidence freely and independently. 2.2 The position is less clear following a few recent decisions. In Philips v Symes [2004] EWHC 2330 the court found not only
Premium Expert witness Civil procedure Expert
formal papers. Use at your discretion. Ouch! The Pain of Frivolous Lawsuits Frivolous lawsuits cost taxpayers over $100 billion each year. “A cost of $838 per U.S. citizen‚ meaning a family of four pays a “litigation tax” of $3352 for the U.S. civil justice system” (“Get the Facts”‚ n.d.). The most famous of all frivolous lawsuits was Liebeck v. McDonald’s. The 1994 case involved an 80 year old woman who spilled hot coffee on her lap at a McDonald’s drive thru. “The woman’s attorney argued that
Premium Civil procedure Lawsuit Pleading
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [attorney info redacted] [redacted] [redacted] [redacted] [redacted] [redacted] Attorneys for Defendants PQRS Corporation‚ Tom Adams and Kenny Adams‚ and for self‚ in pro per The FAC contained 11 causes of action against which I wrote 23 demurrers‚ which are stated below‚ with the judge’s rulings inserted in red. 19 demurrers were sustained (one of these was sustained with NO leave to amend‚ thereby eliminating the seventh
Premium Law Civil procedure Appeal
Differences between New York & Geneva Convention — Arbitration and Conciliation Act‚ 1996 Introduction In the past‚ statutory provisions on arbitration were contained in three different enactments‚ namely‚ The Arbitration Act‚ 1940‚ the Arbitration (Protocol and Convention) Act‚ 1937 and the Foreign Awards (Recognition and Enforcement) Act‚ 1961. The Arbitration Act laid down the framework within which domestic arbitration was conducted in India‚ while the other two Acts dealt with foreign awards
Premium Arbitration Law Civil procedure
of judgment (which can be appealed). These procedures are complex‚ time consuming and at times very costly. Trials can be costly in terms of Lawyer and other fees‚ the loss of time by key personnel‚ as well as other factors. Moreover‚ parties should consider the probability of winning or losing and the amount to be won or lost. In a study about trails vs. settlements‚ Randall L. Keiser says “That the clear lesson of a soon-to-be-released study of civil lawsuits has found that most of the plaintiffs
Premium Dispute resolution Jury Civil procedure
Company kept judicial and executive functions separate since year 1793. But this system was not perfect; the appointment procedure of judges was faulty. Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary. In 1868‚ company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian‚ executive
Free Judge Court Jurisdiction
of procedure may be defined as that branch of the law which governs the process of litigation. It is the law of actions- jus quod ad actions pertinet- using the term action in a wide sense to include all legal proceedings‚ civil and criminal. Substantive law is concerned with the ends which the administration of justice seeks; procedural law deals with the means and instruments by which those ends are to be attained. Substantive law defines the remedy and the right‚ while the law of procedure defines
Premium Civil procedure Court Law