Appellate court

LEGAL ARGUMENT STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it. Preliminary injunctions may be issued by order by a judge: “When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another…

In Beck, the Court of Appeals interpreted New York vehicle and Traffic Law (NYVTL) 463(2)(ff)(“the Modification Law”) to provide a dealer with a private right of action to “challenge a modification and places on a franchisor the burden of proving that such modification is fair and not prohibited.” 27 N.Y. 3d at 393. In furtherance of the legislative intent, to counter the unequal will of the manufacturer, the Modification Law contemplates legal action prior to the cause of the negative…

does it affect the audience? In the editorial “‘Boobies,’ the courts and free speech” by the Times Editorial Board the author uses connotation, bias, and rhetoric to help sway the audience toward believing in their side of the argument. To start off, the author uses connotation a lot in his editorial. These are some examples of those words, “Constitutional rights, wrongly, disrespect, defiance, and disruption.” Just by adding those words into his editorial he put into the audience's head that…

Kansas courts’ application of existing pay equity laws in those cases and then to California, New York, and Massachusetts’ pay equity provisions to determine how a broadened statute would impact the outcomes provides an initial view into how Kansas case law might respond to new pay equity trends. A similar analysis of Kansas’s more robust federal case law history under the Equal Pay Act can also be instructive in predicting how a broadened federal pay equity statute would be interpreted in…

of the sale.” Thomas v. Nadel, 427 Md. 441, 442-43 (2012) (holding that a trial court may sustain “exceptions to the foreclosure sale on the ground that the deed of trust securing the consolidation loan was invalid.”). Procedural irregularities that may be raised via post-sale exceptions are generally limited to issues “such as the advertisement of sale was insufficient or misdescribed the property, the creditor committed a fraud by preventing someone from bidding or by chilling the bidding,…

Lavallee ending up shooting him that night with the intentions of missing. The psychiatric, Dr. Shane, did an assessment stated her as being terrorized by her partner such as physical, sexual, emotional and verbal abusive. Therefore, in the psychiatrist’s opinion the killing was a final desperate act by a woman who seriously believed she would be killed that night, which would refer as a victim of Battered Woman Syndrome. The accused was acquitted by the jury, but the verdict was overturned by…

conviction for the offense of conspiracy to commit burglary of the Alkaline Water Company. The State, for its part, avers that Caldwell’s argument is waived because the issue was never presented to the trial court. Caldwell acknowledges that the issue as to whether the evidence is sufficient to sustain his conviction was not raised before the trial court. Nevertheless, Caldwell asserts that we should engage in plain error review and reverse the conviction. Alternatively, Caldwell contends…

conversion of checks held by Price, and breach of a non-compete clause of their prior employment agreement. The trial court entered a judgment for Price on the conversion claim, and Warshall appealed. The appellate court reversed the trial court 's decision, holding that there was sufficient evidence to support Warshalls ' claim for conversion because all of the elements had been met to establish a prima facie case for conversion, even if the converted property had no inherent value. The…

Flaws On the Face Of The Petition and in Testimony The lack of jurisdiction is apparent on the face of the petition. On forms DV-100 pg. 1 and DV-110 pg. 1, the petitioner describes the respondent as an “ex-friend”. (exhibit, exhibit). An “ex-friend”, someone with whom one has a platonic relationship, does not satisfy the standard of a domestic relationship set forth in Family Code section 6211.1 Consider a similar case, the petitioner and appellant, hereon Oriola, appealed the dismissal of a…

Representatives, and must pass a simple majority of those present and voting. Upon pass being approved, the offender has been impeached. It’s stated in Article II that the President, Vice President, and all public officers of the U.S shall be detached from Office on Impeachment for, and conviction of Bribery, Treason, and or other high misconducts and misbehaviors. 2. Trial courts apply law to the fact of a given case, as to where appellate courts examine whether the law has been applied…