Shane Bruner Stephen Boston English 111 Sunday‚ October 5‚ 2008 Junk Lawsuits In America‚ we all have this thought in our heads that if there is a medical accident someone must pay for it. This way of life is destroying the America that we all love. Medical laws suits need to be regulated because they have caused the rise in healthcare costs‚ doctors being afraid to practice medicine‚ and the clogging of the court system. There are many expenses to the average American because of this
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I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim? a. Diversity Jurisdiction: State-related claim between parties of different states i. Claim must be greater than the Amount in Controversy Requirement 1. 1332: >$75‚000 a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR. b. Cannot include witness costs‚ court costs‚ lawyer fees‚ etc. c. A judgment rendered for less than AICR does not fail
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Interest An interest may be defined as “the object of any human desire and the object of such desire must be distinguished from the thing in respect of which the desire is entertained” The notion of juridical interest links the substantive with the procedure in civil law‚ where the individual goes on with a civil action because he has a right and interest to institute the case and hopefully obtain a favourable result. Moreover‚ juridical interest forms part of the “presupposti processuali” that is a
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the freight to disembark from the truck while in transit. 11. It was the duty of the Defendant to ensure safe and proper loading‚ securing and inspection of cargo prior to transit. Defendant breached that duty of due care by failing to use proper procedures and failed to ensure safe conditions for the shipment of their
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The case follows the work history of Bradley Ennis‚ from his recruitment to his termination. We are given the details of his employment‚ work performance and what led to his termination. Mr. Ennis was a nurse in the trauma unit of All Saints Hospital. When he was hired he met the minimum required standards for continued employment‚ included the Trauma Specialist certification‚ which he maintained throughout his time of employment. Due to the sudden death of his 5 year old daughter at the same hospital
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Under the rule of joinder‚ where a plaintiff has two or more entirely separate claims emanating from separate transactions‚ he can sue on them in one action. CPLR section 4102(c) provides that a party has not waived his right to a trial by jury by joining a legal claim with another claim not triable by jury which arose out of a separate transaction. Thus‚ a plaintiff is entitled to a jury trial on its legal claims for relief when its equitable claims for relief arise out of an entirely separate
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ACW Case study #1 Transamerica Oil Corporation v. Lynes‚ 723 F.2d 758. Procedural History: Transamerica‚ who conducts oil and gas drilling‚ solicited Lynes about their advertisement regarding an injection packer and decided purchased several of them only later to determine that they did not perform properly. Plaintiff decided to file suit‚ under the Kansas Uniform Commercial Code (UCC)‚ the plaintiff claim that there was a breach of an express warranty by the
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Guidelines for Entrepreneur Interview Paper The Entrepreneur Interview is intended to serve two basic purposes: 1) help you gather information that may be relevant in the preparation of your business plan. 2) further your understanding of the requirements of being a successful entrepreneur. Each student in the class is responsible for finding an entrepreneur that is currently or has previously been involved in a venture that is related to‚ or at least relevant to‚ the idea you plan to develop
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The parties (Who is the plaintiff? The defendant? The appellant? The appellee?) Christine McCune‚ Appellant‚ v. MYRTLE BEACH INDOOR SHOOTING RANGE‚ Defendant. The history of the case (Who won at trial court? Who won at the lower appellate level? Who won in this decision?) Trial court granted summary judgment to the Range on the basis of the exculpatory language in the release of liability signed by McCune. Myrtle Beach Indoor Shooting Range won at both levels. The facts (What happened
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Business Ethics Case BUS 415 February 26‚ 2012 Business Ethics Case: Lawsuits In every business ethics lawsuit there are many questions that must be answered. The first question that a person or organization wanting to sue must ask is if he or she has standing to sue. According to this law “the plaintiff must have some stake in the outcome of the lawsuit” (Cheeseman‚ 2010‚ p. 43). If the plaintiff does not have this they cannot bring the suit to court. The next question that must be determined
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