Court be construed? SUGGESTED ANSWER: The Rules of Court should be liberally construed in order to promote their objective of securing a just‚ speedy and inexpensive disposition of every action and proceeding. (Sec. 6‚ Rule 1 1997 Rules of Civil Procedure.) ADDITIONAL ANSWER: However‚ strict observance of the rules is an imperative necessity when they are considered indispensable to the prevention of needless delays and to the orderly and speedy dispatch of Judicial business. (Alvero vs. Judge
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are consolidated Petitions for Review on Certiorari under Rule 45 of the Rules of Court‚ which arose out of two civil cases that were filed in different courts but whose factual background and issues are closely intertwined. The petitions in G.R. Nos. 1250781 and 1255982 both assail the Order3 dated May 20‚ 1996 of the Regional Trial Court (RTC) of General Santos City‚ Branch 37‚ in Civil Case No. 5617. The said Order decreed the dismissal of the case in view of the perceived lack of jurisdiction
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Case Study I by ___________________________: Citation: Gerald K. Adams v Uno Restaurants‚ Inc Rhode Island State Court‚ 2002 794 A. 2nd District 489 Appeal: Gerald K. Adams v Uno Restaurants‚ Inc Rhode Island Supreme Court No. 2000-266 (KC 97 -1005) Facts: On May 20‚ 1996‚ the plaintiff‚ who had been employed by the defendant for several years‚ arrived for his nighttime line cooking shift at the defendant’s Warwick restaurant. Shortly‚ after his shift began‚ the plaintiff noticed
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Is there Jurisdiction? [Insert Name Here] [Insert Additional details here] Situation 1: Mike‚ a Utah resident‚ sues Jim‚ a Nevada resident for $60‚000 in Nevada’s Federal District court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right? Under the circumstances‚ since Mike lives in Utah and Jim lives in Nevada then the type of subject matter jurisdiction that applies is diversity jurisdiction. Under
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Ch. 7: Negligence: Elements of a claim: 1. D owed a duty of care to the P 2. breached that duty 3. Breach was the actual & proximate cause of the injury. Duty & Breach of Duty: 1. Person must act as a reasonable person would’ve in the situation 2. P must establish that defendant failed to act as a reasonable person would’ve 3. Defendant owed duty to plaintiff if he was among those who would foreseeably be at risk of harm from the behavior 4.Breach of duty: actions compared to those of a reasonable
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Identify 6 things caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer
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DEFAULT against the Defendant‚ Roy J. Lisath‚ aka Roy Jesse Lisath (hereinafter “Lisath”)‚ for the relief demanded in the Complaint‚ specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus‚ et al.‚ designated case number C2-02-989‚ pending in the United States District Court for the Southern District of Ohio‚ Eastern Division‚ be DECLARED to be excepted from discharge upon the grounds
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PA110 Civil Lit Legal Services | | 4321 First View Drive‚ Kansas City‚ Missouri 64147 | | March 30‚ 2012 Whitney Enright PA110 Civil Lit Legal Services 4321 First View Drive‚ Kansas City‚ Missouri 64147 (323)545-7676 Justin King 123 Main Street‚ Kansas City‚ Missouri Representation of Justin King Dear Mr. King‚ Thank you for meeting with me at our law firm. I look forward to helping you in this case. I believe that we have a strong case and with your cooperation we can continue
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as Froogle’s main place of business is Salinas‚ California. Issue Presented The issue is whether or not Froogle has jurisdiction over Mary who is an out of state resident and business owner. Applicable Law Under the California Code of Civil Procedure “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” CCP §410.10 Also known as California’s “Long Arm Statue” the law provides that the use is usually constitutional
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BUILDING MY CLIENT FILE PA299 Associates Capstone in Paralegal Studies David Barnes Kaplan University April 02‚ 2013 Table of Contents I. Post Interview Memorandum (02/12/2013) II. Case Briefs (02/19/2013) A. Duggan v. Hallmark Pool Mfg. Co.‚ Inc. 398 N.W.2d 175 (1986) B. Jon Kevan Chown v. USM Corporation (Farrel Company Division) 297 N.W.2d 218 (1980) C. Karen K. Wadle v. Frank W. Jones and City of Des Moines‚ Iowa 312 N.W.2d 510 (1981) III. Documents
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