"Civil procedure" Essays and Research Papers

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    | Unit 7 Assignment | PA110: Civil Litigation | | Leah Heskett | 6/3/2013 | | IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS JUSTIN WILLIAM KING‚ ) ) Plaintiff. ) ) Civil Action No. 11-CIV-012345 ) v. ) ) ANHEUSER-BUSCH COMPANIES‚ INC. ) Judge Julie James ) Defendant. ) ___________________________ _________) REQUESTS FOR PRODCUTION OF DOCUMENTS To: Plaintiff Justin King and his

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    Istihsan Case Study

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    5.0 Relevance of Istihsan to contemporary law in Malaysia In Malaysia Islamic Law‚ we can achieve a desired result of justice through the application of the doctrine of Istihsan. Istihsan acts as the bedrock of the lawgiver’s intention of promoting human interest according to the Quran. The underlying purpose is to attain equity and justice in the interests of society. In a promise that lacks of consideration‚ the doctrine of Istihsan would permit departure from the general rule and bind the promisor

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    with regard to relevant issues and a convenient starting point for more detailed consideration. 2. 2.1 Expert Immunity Expert immunity is mentioned in section 7.2 of the Guide and the general principle is that expert witnesses are immune from civil claims. This is a well established principle aimed at ensuring that experts give evidence freely and independently. 2.2 The position is less clear following a few recent decisions. In Philips v Symes [2004] EWHC 2330 the court found not only

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    formal papers. Use at your discretion. Ouch! The Pain of Frivolous Lawsuits Frivolous lawsuits cost taxpayers over $100 billion each year. “A cost of $838 per U.S. citizen‚ meaning a family of four pays a “litigation tax” of $3352 for the U.S. civil justice system” (“Get the Facts”‚ n.d.). The most famous of all frivolous lawsuits was Liebeck v. McDonald’s. The 1994 case involved an 80 year old woman who spilled hot coffee on her lap at a McDonald’s drive thru. “The woman’s attorney argued that

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    Cadalin vs Poea

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    Feb 24‚ 2009 Cadalin vs. POEA G.R. No. L-104776‚ Dec. 5‚ 1994 GENERAL RULE: A foreign procedural law will not be applied in the forum. EXCEPTION: When the country of the forum has a "borrowing statute‚" the country of the forum will apply the foreign statute of limitations. EXCEPTION TO THE EXCEPTION: The court of the forum will not enforce any foreign claim obnoxious to the forum’s public policy. FACTS: Cadalin et al. are overseas contract workers recruited by respondent-appellant

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    Differences between New York & Geneva Convention — Arbitration and Conciliation Act‚ 1996 Introduction In the past‚ statutory provisions on arbitration were contained in three different enactments‚ namely‚ The Arbitration Act‚ 1940‚ the Arbitration (Protocol and Convention) Act‚ 1937 and the Foreign Awards (Recognition and Enforcement) Act‚ 1961. The Arbitration Act laid down the framework within which domestic arbitration was conducted in India‚ while the other two Acts dealt with foreign awards

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    Alleged Discrimination Case

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    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [attorney info redacted] [redacted] [redacted] [redacted] [redacted] [redacted] Attorneys for Defendants PQRS Corporation‚ Tom Adams and Kenny Adams‚ and for self‚ in pro per The FAC contained 11 causes of action against which I wrote 23 demurrers‚ which are stated below‚ with the judge’s rulings inserted in red. 19 demurrers were sustained (one of these was sustained with NO leave to amend‚ thereby eliminating the seventh

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    Company kept judicial and executive functions separate since year 1793. But this system was not perfect; the appointment procedure of judges was faulty. Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary. In 1868‚ company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian‚ executive

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    Jurisdiction

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    disputes of corporate nature. A court has to conform to such power under a statute. The relevant provisions regarding jurisdiction are section 7 to 10 of the Companies Ordinance‚ 1984 whereby trial courts‚ hierarchy for appellate jurisdiction and procedure have been discussed for different matters enumerated in different sections of the Ordinance. Study of history of company law reveals that this jurisdiction was vested in the “Court of Chancery” through

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    Caveat

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    of procedure may be defined as that branch of the law which governs the process of litigation. It is the law of actions- jus quod ad actions pertinet- using the term action in a wide sense to include all legal proceedings‚ civil and criminal. Substantive law is concerned with the ends which the administration of justice seeks; procedural law deals with the means and instruments by which those ends are to be attained. Substantive law defines the remedy and the right‚ while the law of procedure defines

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