CASE 1 of 5 Donnelly v. Rees 141 Cal. 56‚ Cal. 1903. November 6‚ 1903 FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased‚ who was known to be an habitual drunkard for more than five years before the execution of the deed‚ to anextent seriously to impair his mind‚ and who was so intoxicated at the time as to render him
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IN THE COURT OF 1st CLASS CIVIL JUDGE‚ LAHORE The Aga Khan Hospital and Medical College Foundation VERSUS Mr. Bashir Ahmad WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT Respectfully Sheweth: Preliminary Objections 1. That the Plaintiff has not properly authorized Mr. Sherali Razwani S/O Ferozeali Razwani and Mrs. Shagufta Shamsuddin Hassan W/O Shamsuddin Sadruddin Hassan to file this suit. Hence‚ the Plaint is liable to be dismissed. 2. That the plaint is defective on the grounds
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Within the court system‚ bias and prejudice exists. The courts take measures to try to prevent these biases and prejudices from affecting their proceedings and the outcomes of the cases. Even with the courts best prevention efforts many ethical issues arise. One area where many ethical issues are present is in jury selection and within the jury itself. The process of jury selection is called voir dire (Starr & McCormick‚ pg. 21). However‚ it is not as much of a selection process as it is an
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Procedural History The Plaintiff‚ Transamerica Oil Corporation‚ brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an express warranty by the defendant‚ Lynes‚ Inc. and Baker International Corporation. A jury in the United States District Court for the District of Kansas found in favor of the plaintiff and awarded Transamerica Oil Corporation $196‚577.62. The defendant appealed the court’s ruling December 21‚ 1983. Defendant claimed that
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Everyone is at some point in time whether intentional or not guilty of judging someone or something before getting all the information needed to make an opinion instead of an assumption. Common errors in judgment affect our ability to creatively think‚ which I know I am guilty of a couple of judgment errors. (Bethel‚ 2013‚ pg. 4) Projection which is blaming your faults on others because everyone does it is something I am personally guilty of doing. (Bethel‚ 2013‚ pg.4) I remember in high school getting
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Checkpoint Legal Terms HCR 210 1. Assault: an attempt or threat to do bodily harm to someone that is against the law like not giving a person their required medication or placing a patient in restraints without legal right to 2. Battery: Touching a person without their consent‚ like if a doctor does a physical on someone without written consent 3. Breach of Confidentiality: is when
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In order to introduce the tape-recorded statements against Sanders‚ the declarant (Blair) must be unavailable as a witness according to Fed.R.Evid. 804. The statements by Blair fall under an exception to the hearsay rule‚ Fed.R.Evid. 804(b)(3)‚ which provides that when a declarant is unavailable as a witness‚ statements against interest are not excluded by hearsay. When a prosecutor seeks to introduce evidence of a statement that inculpates the accused‚ a number of courts require that statement
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You asked me to determine whether our client‚ Paul Grantham‚ can challenge the sufficiency of substituted service on his secretary at Mr. Grantham’s accounting office‚ when the landlord sued him individually. I have researched Oklahoma’s service of process statute‚ and I believe that Mr. Grantham’s challenge will be successful. The Oklahoma service of process statute provides that service is valid when copies of the summons and petition are served by personal delivery. Okla. Stat. Ann. tit. 12‚
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Unit 9 Settlement Letter Final Draft James Draper Legal Writing PA105-01 Professor: Brian Tippens J.D. Law firm of: Chase‚ DiLiver and Billum‚ 456 Main Street‚ Plainview‚ GK‚ 12345 10/31/2010 To: Whack‚ Raze and Runn‚ Attorneys for Sunny Dale Gardens 123 Central Avenue‚ Plainview‚ GK‚ 23456 Attn: Richard Whack Esq
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BUS 115 – Business Law Module 2- Courts and Alternative Dispute Resolution Case 3-3 “Discovery” Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or why not? What limitations might a court consider imposing before requiring ATC to produce this material? The party to the law suit should hand over information during the discovery phase. However‚ discovery is allowed only if the information is relevant to the claim or defense
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