the owner of the property where the utility easement is located also discovered the error. Questions Presented • Describe the state and/or federal court(s) that can review and resolve the situation. • The court(s) that may have jurisdiction over the situation. Explain. • Identify the stages and processes for reviewing the situation in civil court. • Compare the proposed resolution of the civil aspects of the situation with the criminal acts resolution. • Analyze the
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Chapter 1 1. What are the primary sources of law? It is a document that establishes the law on a particular issue. The U.S. Constitution‚ a statute‚ an administrative rule‚ and a court decision are all primary sources of law. 2. What is common law tradition? A body of general rules and that applied throughout the entire English realm. 3. What is a precedent? When might a court depart precedent? It is a court decision that furnishes an example or authority for deciding subsequent case involving identical
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Should Governments Provide a Universal Healthcare System? Universal health care is the provision of medical services by governments that are usually either free or subsidised. Many countries around the world provide this type of service to their citizens including the UK‚ Canada‚ Spain and most Nordic countries. The UK’s National Health System‚ for instance‚ was founded over 60 years ago with the promise of caring for the British people ‘From Cradle to Grave’ (Adds 1998). Europe has some of
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"Intermediate appellate courts and trial judges in Australia should not depart from decisions in intermediate appellate courts in another jurisdiction on the interpretation of Commonwealth legislation or uniform national legislation unless they are convinced that the interpretation is plainly wrong. Since there is a common law of Australia rather than of each Australian jurisdiction‚ the same principles apply in relation to non-statutory law." [152] This court has always had the ability (if need be by granting
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the Uniform Computer Information Transactions Act article 2b section 110. The forum selection clause limits jurisdiction for the parties who enter into an agreement containing the clause. The enforceability of the forum selection clause came to question through the case of Bremen v. Zapata Off-Shore Co in 1972. Despite having a forum-selection clause‚ courts refused to decline jurisdiction on the basis of forum non convenience. Bremen v. Zapata Off-Shore Co is a precedent setting case which is now
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Jacob Nieuwenhuis Contemporary Issues MSR 10 March 2010 Universal Health Care in the United States “Of all tyrannies‚ a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep. His cupidity may at some time point be satisfied; but those who torment us for our own good will torment us without end for they do so with the approval of their
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COURTS This consists of the High Court of Malaya‚ the High Court of Sabah & Sarawak‚ the Court of Appeal and the Federal Court. The Federal Court is the highest court of the land. High CourtsThe High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and hear appeals from the Subordinate Courts in civil and criminal matters. They hear matters relating to the validity or dissolution of marriage (divorce) and matrimonial causes‚ bankruptcy and companies winding
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published. The jurisdiction of this branch covers the same amount of jurisdiction as its lower counterpart in the Superior branch. The third branch of the California Court System is the Superior Courts branch. This branch has jurisdiction over all criminal and civil cases. This is the lowest court in the California system‚ and therefore it sees the greatest volume of cases. Within the California Court systems‚ there are also three different types of jurisdiction. Jurisdiction basically determines
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LABOR ARBITER AND THE NLRC HAD NO JURISDICTION OVER THE CASE. — The basic issue in this case is whether the Memorandum of Agreement executed on July 15‚ 1988 gave ICMC immunity from suit. The Court holds it did. Consequently‚ both the Labor Arbiter and the NLRC had no jurisdiction over the case. Petitioner’s contention that the Memorandum of Agreement is not an act of Congress which is needed to "repeal or supersede" the provision of the Labor Code on the jurisdiction of the NLRC and of the Labor Arbiter
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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 is who or where will have jurisdiction over the case. This is also one of the questions that is asked in the individual assignment. Problem 3.5 The assignment asks readers to take a closer look at the National Enquirer and a lawsuit that was submitted against them. The first question
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