Upon the death of an individual, the County Surrogates Court must validate ones Will and/or trust in order to satisfy all legal matters. A will is a written document, which takes effect upon death. Currently, all courts require a will to be typed in proper legal language. It is very rare for a court to accept a hand written will into probate. A will that is entirely handwritten and signed by the testator is referred to as a “holographic will”. It generally states ones last wishes and it is the…
In Last Week Tonight’s episode on Net Neutrality John Oliver tried to appeal to the audience’s pathos and logos, or the emotional and logical sides of their personality. This episode for example, judging by the five points of basic source evaluation: accuracy, authority, and is mostly credible.The most evident appeal here is the appeal to emotion. Oliver’s number one goal on his show is to make the audience laugh. Yes, the show tries to get the news of certain situations to the public, but it…
Case Name: Midler v. Ford Motor Co. 1988, U.S. Court of Appeals, 9th Circuit, 849.F.2d 460 Procedural History: Bette Midler (Plaintiff) appealed a judgment summary of the US District Court granting the summary judgement in favor of Ford Motor Co (Defendant). Middler moved for appropriation of her distinct voice for use in a car advertisement. Statement of Facts: Ford Motor Co. aired a car commercial which they played songs from the 70’s to give a nostalgic feeling to their audience. Ford…
power” was increasingly growing into its biggest weakness. (Fulbright, 2012) Fulbright backs his standpoint with a combination of an argumentative writing style, along with pathos “an appeal to pathos (emotion)” statements, that would help convince most readers to agree with his views. (Driver, p.61) A pathos appeal creates an emotional setting, used as another form of persuasion in his writing. Senator Fulbright’s argument begins immediately with his thesis. The Senator draws the reader…
VITALY TARASOFF et al., Plaintiffs and Appellants, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents S.F. No. 23042 Supreme Court of California 17 Cal. 3d 425; 551 P.2d 334; 131 Cal. Rptr. 14; 1976 Cal. LEXIS 297; 83 A.L.R.3d 1166 Superior Court of Alameda County, No. 405694, Robert L. Bostick, Judge. Introduction The plaintiffs are the parents of the deceased Tatiana Tarasoff accused the defendants Gold,Moore, Powelson, Yandell, and the Regents of the…
This court considered the Third District Court of Appeals decision to enforce the Clause Arbitration agreement. The court disagreed with the verdict to enforce the Clause, arguing that the Third District Court of Appeals did not employ the Seifert standard established as a precedent in evaluating motion to compel arbitration agreements (Basulto v. Hialeah, 2014). Additionally, the court found the Third District Court of Appeals’ decision to enforce the arbitration clause under the Federal…
element seems to be required only in prison escape cases. United States v. Peltier, 693 F.2d 96, 98 (9th Cir.1982) (per curium); United States v. Michelson, 559 F.2d 567, 570 (9th Cir.1977). The court held that a defendant who has acted under a urgent fear of immediate harm with no opportunity to escape may. Then the court looked at necessity defense, which is ally invoked when the defendant acted in the interest of the general welfare. From cases such as United States v. May, 622 F.2d 1000,…
Particular circumstances can deny a defendant from asserting a germane counterclaim. In Giambuttista v. Bradlees, Inc., 130 N.J. Super. 381 (Super. Ct. 1974), the court denied a defendant’s counterclaim due to it being barred by the statute of limitations and prejudicing the plaintiff’s rights since a medial investigation was involved. In that case, the plaintiff had filed assault and battery charges against defendant shopkeeper and defendant employee. Id. at 382. An attorney for the defendant…
Anagnostou v. Anagnostou Case No. 2017-017244 FC 12 Husband’s Answer to Wife’s Amended Verified Counter- Petition for Dissolution of Marriage IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA IN RE: THE MARRIAGE OF: FAMILY DIVISION CASE NO. 2017-017244 FC 12 GEORGE ANAGNOSTOU, Husband, And, KATE LEANN ANAGNOSTOU, Wife. _____________________________/ HUSBAND’S ANSWER TO WIFE’S AMENDED VERIFIED PETITION FOR DISSOLUTION OF…
To make a new rule OSHA would first draft a proposed rule then publish the proposed rule in the Federal Registry where the public can review the new rule and comment on it. The agency (OSHA) must allow ample time for comments to be submitted on the rule then they must consider any and all significant and relevant comments and provide a response to those comments, be it a change in the rule or an explanation as to why the rule will stay the way it was drafted. If the agency changes the proposed…