service. But in the legal field is it believed that you can’t represent the defendant and the plaintiff at the same time, this is considered conflict of interest. Another instance of conflict of interest would be a Paralegal working for two different law firms. There are several different types of Conflicts of interest to name just a few would be Sultaneous representation, this is as I mentioned above attorney can’t represent the defendant…
In applying the foregoing factors a court will most likely determine that Rodriguez’s image is not a portrait or picture. Firstly, the logo that Rodriguez displayed is placed on the window of the studio, his website, and promotional material. Rodriguez is clearly a fan of the band U2, as he named his tattoo parlor after one of their songs. Rodriguez admittedly attended one of Out of Control’s gigs in Brooklyn that features Forrest playing the role of Bono. Forrest contends that the logo…
officers to directly question the consenting party about each container they come across, even if it is located in an area over which they had common authority to consent. Id. at 1042. Short of reliable or positive information to cloud a third party’s apparent authority, requiring them to ask about each separate container would place an undue burden on law enforcement, a group already heavily regulated and constrained in their actions. If this type of information is not available, they must…
1972: The Aboriginal Tent Embassy in Canberra is started on Australia Day due to land rights claims. 1984: The Aboriginal and Torres Strait Islander Heritage Act is Passed. 1981: A land rights conference is held at James Cook University where Eddie Mabo makes a speech outlining the land ownership and inheritance system on Murray Island. A lawyer at the conference suggests there should be a test case on claiming land rights through the court system. 1981: A land rights conference is held at…
to the instant case, and whether the current court agrees with the case. • A federal circuit or district court decision on a question of federal law may or may not be persuasive to a state court considering the same issue. • A decision of one circuit may or may not be persuasive to another. • A state appellate court decision on a question of state law may or may not be persuasive to a federal court deciding the same issue. • Dicta is not…
On Friday June 10, 2016 Passaic County Superior Court Judge Joseph Portelli presided over a case involving an a young adult accused of theft. The trial itself was fairly routine, however while giving his deliberation, Portelli proceeded to engage the defendant in small talk. For no more than a minute the two gentlemen discussed the latter’s career of working in a local pizza place. It cleared the air for some jokes to be made but it was also oddly out of place for a courthouse setting.…
representatives. In a separate chapter that authors explain why some heavily-criticized decisions in the Court’s recent history, such as Bush v. Gore and National Federation of Independent Investors v. Sebelius, are justifiable as a matter of constitutional law, regardless of how one views the…
Case: - FutureSelect v. Tremont Group Holdings, Inc., 180 Wash.2d 954, 331 P.3d 29. (2014). This case takes place in the Supreme Court of Washington. This is a state court case. It is a civil case, appealed by the defendants, from the court of appeals decision. The Court of Appeals reversed the trial court’s decision. The Supreme Court affirmed the decision of the Court of Appeals. This case was decided in 2014. Issue: Did the Court of Appeals err in determining that plaintiffs may hold Tremont…
Although the question does not disclose the reasons why RIC sued the owner, I feel that it is fair to conclude that the contractor found the liquidated damages provision unfair at the end. With this in mind, the case is founded on whether the provision was a penalty. To elaborate, liquidated damages provisions are often enforceable while penalties are not. As a result, courts will not concur with the amount stipulated in the contract; consequently, the damages will be limited to actual damages.…
This letter is a privileged communication subject to the attorney/client privilege; therefore, you must not disclose this letter to anyone else. The purpose of this letter is to provide you with an outline of the pertinent arguments that you may use at the Conciliation hearing against American National Property and Company. Procedure Procedures at Conciliation Court vary depending upon the Judge presiding over the proceedings. Regardless, you will check in with the Clerk and you will be…