Christian E. Foster Civil Procedure Section 1 Chapter 2 Summary In order for the judicial system to operate‚ the court must have the ability to exercise its power over citizens within the confines of law. To do this‚ a court exerts jurisdiction over individuals‚ allowing it to enter binding judgements in suits that arise due to contact in the jurisdiction. There are three types of jurisdiction exercised by state courts: In Personam‚ In Rem‚ and Quasi In Rem. In Personam jurisdiction is jurisdiction
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access to and competency of justice‚ and legal procedures. While many of these issues could be analyzed further‚ this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law.3 This paper will also use examples and case studies from the United States to illustrate important legal points‚ since the U.S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique
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1. Principles that govern Service Outside Jurisdiction Service of a claim is the procedure used to give legal notice to a defendant of a court’s exercise of its jurisdiction over the defendant‚ enabling them to respond to the proceedings before the court. Service outside the jurisdiction is sometimes allowed under specific circumstances where there are certain connections between the case or the defendant and the forum. The rules for service outside jurisdiction differ to some extent from court
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I. Subject Matter Jurisdiction: Does the federal court have the authority to hear the claim? a. Diversity Jurisdiction: State-related claim between parties of different states i. Claim must be greater than the Amount in Controversy Requirement 1. 1332: >$75‚000 a. Generally accepted if it appears in good faith and there is no legal certainty that the claim is less than the AICR. b. Cannot include witness costs‚ court costs‚ lawyer fees‚ etc. c. A judgment rendered for less than AICR does not fail
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discrimination under the Age Discrimination in Employment Act • Gender discrimination under Title VII of the Civil Rights Act • Gender and age discrimination under the Minnesota Human Rights Act ISSUES FACING THE COURT: • Was the plaintiff discriminated against on the basis of her age? • Was the
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|08.12.2010 |20 | | Chandigarh Dated:08.12.2010 (Vinay Kataria) Advocate P-492/1999 Counsel for the petitioner IN THE COURT OF CIVIL JUDGE‚ SR. DIVISION‚ CHANDIGARH CIVIL SUIT NO._____ OF 2010 IN RE:- ASHOK BHARDWAJ …Plaintiff VERSUS MUNICIPAL CORPORATION & ORS …Defendant Affidavit of Ashok Bhardwaj S/o Late Sh. Rameshwar Dass‚ R/o H.No. 601‚ VPO Hallo Majra
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Explain the difference between rules of the common law and principles of equity. Law is to be seen as definite and also flexible and fair. It specifically needs unambiguous rules on one hand but flexibility on the other to provide exceptions to cases that may lead to apparently unjust conclusions where rules are applied rigidly. Common law‚ as define by Wikipedia‚ refers to law developed by judges through decisions of courts and similar tribunals‚ rather than through legislative statutes or executive
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the laws” b. Prohibits state‚ local‚ and federal governments from enacting laws that classify and treat “similarly situated” persons differently c. Standards of Review 2. Types of Alternative Dispute Resolution (ADR) a. Negotiation i. A procedure whereby the parties to a dispute engage in discussions and bargaining to try to reach a voluntary settlement of their dispute ii. A settlement agreement is drafted that contains the terms of the agreement b. Arbitration i. A form of ADR in which
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Board Act in 2003. 2 The act came into effect in June 2004 and established the Personal Injuries Assessment Board (PIAB). PIAB is primarily governed under the Personal Injuries Assessment Board Act 2003 (amended 2007) the Civil Liability and Courts Act 2004 and more recently The Civil Law (Miscellaneous Provisions) Act 2011. Its duty is to asses all claims for personal injury as an independent statutory body and “without the need for legal proceedings”1. Its purpose is to streamline what was previously
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and Marcelino Lontok‚ Jr. for appellants. Zavalla‚ Bautista and Nuevas for appellee. MONTEMAYOR‚ J.: The Daguhoy Enterprises‚ Inc.‚ a local corporation‚ with principal office in the City of Manila filed in the Court of First Instance of the City Civil Case No. 15923 against Rita L. Ponce and her husband Domingo Ponce‚ for the collection of a loan of P6‚190 with interest at 12 per cent per annum from June 24‚ 1950‚ plus P2‚500 as attorney’s fees and P34 as expenses of litigation. Defendant filed
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