Appeal to emotion

Chapter 15 There are two universal categories of law that American court cases proceed under. These two are called the criminal law and the civil law. In the United States, there are court systems at both the federal and state level. The federal courts decide cases addressing federal laws, treaties with other nations, and the Constitution, while the state courts hear only cases involving questions of state law. Only a very small percentage of the cases decided are heard in the federal courts.…

QUESTION PRESENTED Given the long-arm statute, which state or federal courts have proper personal jurisdiction over Wal-Mart and Smith Family Farms from the illness of a tainted cantaloupe that originated in Colorado? BRIEF ANSWER Given the long arm statute, Tennessee state or federal courts will most likely have proper personal jurisdiction over Wal-Mart but not over Smith Family Farm. As the principal place of business and place of incorporation, Wal-Mart is subject to suit in both Arkansas…

Comments: Vaso continues to carry one of the largest caseloads in this Unit. She has resolved more case than any other prosecutor in the office. Vaso has established and built upon her excellent relationships with nearly every Commonwealth’s Attorney Offices in the Roanoke MFCU region. During this reporting period, she has presented cases in the Cities of Martinsville, Lynchburg, and Radford. In addition, she has presented cases in the Counties of Nelson, Franklin, Rockingham, Henry, and…

Plaintiff’s Motion for Leave to File First Amended Complaint (Dkt. 28 and Dkt. 28 Exhibit A”) should be denied. Defendants’ aver that the Motion to Amend the First Complaint is futile, intended to delay the adjudication of the Defendants’ Motion on the Pleadings and for Summary Judgment (Dkt.26) (“Motion”), and that same is being made in bath faith. Providing no legal basis for her position, Plaintiff simply proposes the same flawed legal theories that she asserted in her original Complaint, but…

Despite the creative and social innovation of Meadham Kirchhoff, the nature of the capitalist power structure has meant that “Britain is awash in the selling of a venerable old England” (Outka 4), as evidenced by Poundbury and Liberty. The capitalist privatisation of all classes within the 21st century has resulted in people’s ability to seek out a wider range of choices, putting theories of transgressive performance into play, as in Poundbury. As critic John McKenzie says “global forces of…

This justice article summarizes the results of three studies, assists in understanding the differing state policies surrounding super-max facilities, and inmate behaviors used to justify super-max administrative segregation decisions. This article provides insight into how various states’ super-max facilities operate, from utilizing specific criteria to define and admit a super-max inmate, to how each individual facility deals with these problem inmates. Most states have segregated units for…

Attorneys who are sued for actions constituting a violation of their professional obligations can use the one year statute of limitations under CCP §340.6 as a defense. Tortious conduct such as conversion isn't subject to the 1 year statute of limitation. Lee v. Hanley I. The Trial Court In Lee v. Hanley, Nancy Lee ("Lee") retained attorney William Hanley ("Hanley') to represent her in a civil litigation matter. In doing so, Lee advanced to Hanley $110,000 to be used for attorney's fees and…

Under the Texas Rules of Civil Procedure Rule 94, we are entering answer of affirmative defenses. We the defendants enter an answer of affirmative defenses for Failure to Consideration. The Plaintiff failed to follow proper procedure in notifying defendants of court proceedings. The defendants received notification dated March 13, 2017 demanding full payment of past due balance. This document was retrieve form defendants mail on March 28, 2017. Documents stated that we the defendants would be…

Hooters of America Inc. Vs. Annette R. Phillips 173 F.3d 933; 1999 U.S. App. LEXIS 6329 Facts The defendant - Annette Phillips - had been employed by Hooters in Myrtle Beach, South Carolina. The plaintiff of the case was Hooters of America, Inc. When she was hired by Hooters Annette Phillips signed an arbitration agreement as part of her employment contract. This agreement stated that any conflict that arose between her and the employer would be handled through an arbitration process. Inside…

2. If Settled Prior to Certification the 23(b)(3) Cash Settlement Will Likely Stay Roughly the Same A future 23(b)(3) standalone settlement is easy to imagine and would not be too complex to construct. Such an agreement would wipe out Defendants’ exposure to possibly trebled damages based on the underlying causes of action from the start date of 2004 though whenever a settlement is reached. . Interestingly, once the Second Circuit vacated the settlement, Visa and MasterCard could have recovered…