home. West’s Ga.Code Ann. § 51–1– 40(b). No. A06A1149. Court of Appeals of Georgia. Nov. 2‚ 2006. Certiorari Denied Feb. 5‚ 2007. Background: Motorist brought action against bar owner under Dram Shop Act for injuries she sustained in automobile accident with intoxicated driver. The State Court‚ DeKalb County‚ Carriere‚ J.‚ denied bar owner’s motion for summary judgment. Bar owner appealed. Holding: The Court of Appeals‚ Mikell‚ J.‚ held that bar owner was not liable under the Dram Shop
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testify at the trial‚ so the prosecutor used his silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his
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Washington Mutual Bank vs. Superior Court Washington Mutual Bank v. Superior Court Breach of Contract by the Washington Mutual Bank In most cases‚ a breach of contract takes place in circumstances whereby one party does not perform exactly and precisely his or her contract obligations. These cases have been recorded mostly in the real estate industry. This is because the majority of sellers normally wish to vacate the house they are selling hastily. The Washington Mutual Bank victimized
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structure are the Courts of Appeal‚ then the Supreme Courts or High Courts followed by intermediate courts such as the Family Courts‚ Resident Magistrates’ Courts and Juvenile Courts which are inferior courts and has the least authority. The Judicial Committee of the Privy Council This court is comprised of Law Lords of the United Kingdom and hears appeals from decisions of the Court of Appeal of Jamaica. Like most of the British Commonwealth‚ the final court of appeal in Jamaica and the Caribbean
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CHANCERY DIVISION WALSH v. LONSDALE [1882 W. 1127.] This is one of the most frequently cited authorities on the effect of the Judicature Acts so far as the fusion of law and equity is concerned. Essentially the question down on whether the defendant could bring a legal remedy (distress) with respect to a lease which formerly would have been regarded as equitable only (effectively an agreement to grant a lease rather than one in proper legal form). Facts:The Defendant on the 29th of May 1879‚ agreed
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‘How can you advocate breaking some laws and obeying others?’ as well as: ‘I would be the first to advocate obeying just laws. Conversely one has the moral obligation to disobey unjust laws.” he constructs a concession/counterargument. This helps appeal to logos by first acknowledging that there are a some‚ white clergymen‚ who may disagree with his stance‚ but by painting segregation as “unjust”‚ he is able to counter these clergymen’s opinions‚ and prove that segregation needs to be abolished.
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Alexandria Lopez October 16‚ 2014 Hollitz Chapter7 What is the connection between the ‘’democratic spirit’’ of the American culture in the nineteenth century and the appeal of insurgent religious groups of the Second great awakening‚ according to Nathan Hatch’s essay? What role did the American Revolution play in growing appeal to these groups during the awakening‚ according to the essay? Nathan Hatch compares the Second Great Awakening to the Jacksonian era. He states that the men trying to persuade
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97% of all criminal cases from start to finish and they deal with the other 3% of criminal cases of preliminary hearings. They also deal with some civil cases such as enforcing debts owed by utilities‚ non payment of council tax or TV licence and appeals for local authority refusing liquor licence. Even thought magistrates are not legally trained they have to be specially trained to attend Youth and Family court and hear criminal charges against young offenders aged 10-17. Magistrates don’t have much
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Compared to the Spanish‚ the English saw colonization as a vital source for the expansion of their landholding. More fertile land to grow their crops meant more resources‚ which would satisfy England’s growing population. The Spanish were looking to conquer North America for not only the land but also for the native people to be trafficked for slavery. Rather than a talk of complete conquest‚ planting was a form of settlement for the English showing that agricultural pursuits were their goal. Therefore
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UNIVERSITY OF DAR ES SALAAM COLLEGE OF SOCIAL SCIENCES (COS) DEPARTMENT OF POLITICAL SCIENCES AND PUBLIC ADMINISTRATION (PSPA). PA 707: ADMINISTRATIVE AND LABOUR LAWS PRESENTATION TOPIC: JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. SUB TOPIC: ULTRA VIRES DOCTRINE. SUPERVISOR: PROF.MOHAMMED A. BAKARI STUDENT NAME: SWALEHE‚ Amani (MPA) This presentation covers the “judicial review of administrative action: The Ultra Vires Doctrine” Judicial Review is essentially a high
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