controversy exceeds $75‚000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide civil disputes between citizens of different states‚ provided the amount the plaintiff seeks in damages exceeds an amount set by Congress (currently $75‚000). The so-called citizens may include companies
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Bhd v Nasir Ibrahim [1992] 2 MLJ 355‚ SC The Supreme Court in this case held that the essence of consideration is that the promisee has taken upon him some kind of burden or detriment. Curie v Misa (1875) LR 10 Exch 153. Consideration under common law has been defined to ‘consist in some right‚ interest‚ profit or benefit‚ accruing to one party or some forbearance‚ detriment‚ loss or responsibility given‚ suffered or undertaken by the other’ Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1915]
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COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS QUESTION 1 Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd‚ had acid in it‚ which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses. Advise Pete whether he has a claim against the manufacturer
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Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation‚ the courts are required to interpret its meaning so that they can apply it to the
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Victoria Brock Professor Martin S. Varon BLAW 2200- Section 6 21 October 2014 To find your answers www.gabar.org/barrules/ethicsandprofessionalism/index.cfm1- What types of rules are the Georgia Rules of Professional conduct? Rules of reason 2- Should a lawyer abide by the client’s decisions in all matters of representation? Yes‚ a lawyer shall abide by the clients decisions in all matters. 3- What client information should a lawyer keep confidential and what is the maximum penalty for violating
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CONTENTS Introduction 1 History of Stark Law 2 Key Concepts 3 General Prohibition Under Stark Law 3 Financial Relationships 4 Exceptions 4 Stark Law vs. Anti-kickback Statutes 4 Enforcement of Stark Law 5 Compliance with Stark Law 6 Examples of Problems 6 Compliance Plan 7 Risk of Not Making Repayments 8 Physician Recruitment 9 Conclusion 10 References 11 Introduction
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Introduction Buying a franchise that you will enjoy is the most important factor of all. Most businesses - all types of business‚ not just franchises - succeed when the owner truly enjoys the products and/or services that the business supplies. Popularity does not always equal profitability‚ cleaning franchise does not sound like that popular‚ but it can be a very profitable one. If you do like cleaning‚ I would like suggest you to buy a cleaning franchise that allows you do this. The cleaning
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1) A contract is an agreement made between two or more parties which are recognised by Law. There have been many scenarios such as the rejection of offer‚ leaving a voicemail to accept the offer‚ letter been posted on the same day and also a note through the door stating that offer has been accepted by David. First of all‚ in our case Arthur decides to sell his car putting a notice in his rear window of the car door. This action represents an offer not an invitation to treat. An offer is when one
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are protected from unreasonable searches; however‚ an exact definition of an unreasonable search is not given. We are told that a warrant will be issued on probable cause‚ but not that an officer of the law can request that a person submit to a search voluntarily. According to Constitutional Law there are three main reasons for a search to be considered unreasonable. 1- There was insufficient information to justify the search. (Kanovitz‚ J. 2010). The officer must have knowledge of facts to give
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crime is a criminal activity committed through the internet .This is a broad term that describes everything from electronic cracking to denial of service attack that cause electronic commerce sites to loose money as well as precious data. Cyber crime s can be divided into three major categories: v Cyber-crimes against person. v Cyber-crimes against property. v Cyber-crimes against Government. Criteria of cyber crime Assault by Threat: Threatening a person with fear there lives or family through
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