SUMMARY: A new state law mandates that all employers must prohibit smoking on employer premises, and is responsible to enforce this law whether it be an employee, customer or client smoking the employer is always required to enforce the law that no one can smoke there.
ANALYSIS/ PERSONAL COMMENTARY: This is substantive law as it is defining the liability that the employer has to keep employees/clients/customers from smoking on the premises of their place of business. And I think the fact that the employer will get a court order requiring them to enforce the law is a smart step to ensure that the law will be followed more strictly.
Responded to: one, two, THREE WOOO
SUMMARY: After discovery in a court case about breach of contract, one side wants to file a motion to have the judge rule in her favor without proceeding any longer. Is the motion to dismiss or the motion for a summary proper for this situation?
ANALYSIS: Since a motion to dismiss is a pleading that may be filed to attack the adverse party’s pleading as not stating a cause of action or defense, that is not the proper motion to file as she is want the judge to rule in her favor, but this motion would simply be dismissed. So the proper motion to file would be the motion for a summary judgment, which by definition is; request that the court decide a case on basis of law only because there are no material issues disputed by the parties. This is true for this case as it is about a breach of contract, so there is no argument about whether or not the contract is valid, they both agree they entered but they are disputing on a specific part of it and they need a judge to make the decision on who is correct.
RESPONDed to: one,
SUMMARY: Sally is being charged with criminal violations of various environmental protection statutes for her large manufacturing firm that operates near a federal land preserve known for its waterfowl and fauna. What...
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