Appellate court

The supreme court of Illinois ruled in favor of Rosewood Care Center, meaning that Caterpillar was held liable to cover the costs of Betty Jo Cooks care at treatment while she was recovering. The appellate court held that a promise to pay the debt of another is subject to the statute of frauds, because the employer promised to pay for the employee's care before the debt came into existence, the employer's promise to pay was not subject to the statute of frauds and that the health care provider's…

The Different Litigation Processes What is Litigation? Litigation is an action or a lawsuit brought in court to enforce a particular right. It involves a series of steps that may lead to a trial and usually a resolution of the dispute. The two different types of lawsuits are civil and criminal. Although these courses of action seek to come to a resolution, there are many different steps or proceedings involved to get there. Civil litigations seek reimbursements of monetary damages or equitable…

Californian statute that prohibited addiction to narcotics (Uscourtsgov, 2018). The statute termed it a misdemeanor punishable by any person arrested with addiction to drugs, and, sustained the petitioner’s imprisonment thereunder the Californian courts. The constitutional amendments that were under scrutiny, in this case, were Eighth and Fourteenth Amendments Pp. 370 U. S. 660-668 on drug addiction. B. 393 U.S. 483 (89 S.Ct. 747, 21 L.Ed.2d 718) William Joe Johnson, Petitioner, v. Harry S.…

If the verdict in a criminal case does not produce the intended results and a defendant still maintains his innocence, one has a legal right to appeal the conviction. Keith S. Hampton, Attorney at Law, has been a criminal attorney in the Austin, Texas, area for more than two decades, and he understands the processes involved in appealing a conviction. It's important to remember that a lower court's verdict doesn't have to be the end of the story. Here, Attorney Hampton offers some legal advice…

There are multiple stages of the criminal court process that create a burden of proof that contribute to criminal justice investigations. Every court process begins with a crime allegedly committed to determining its legal status. Law enforcement and detectives determine if the crime was illegal or legal due to the investigations. They investigate a crime by interviewing victims, witnesses, and suspects. They also gather physical evidence by taking pictures, fingerprint, and DNA samples. The…

pleading stage of a California lawsuit begins when a plaintiff files a complaint with the California Superior Court. This is a statement that lists allegations. If allegations included in the complaint are proved, the Plaintiff is entitled to a judgment. The Superior Court in…

Ndeumeni finally contends that the circuit court erred in denying his claim for breach of contract and unjust enrichment. In his counter-claim, Ndeumeni sought $28,680 in damages resulting from damages incurred when Kemogne ceased contributing to the mortgage on the property and yet continued to live on the property. In the final judgment, the trial judge found that Ndeumeni suffered damages in the amount of $25,000 for the time in which Kemogne occupied the property as a wrongful detainer, as…

representation. For example, the transcript of the Rule 11 hearing shows that the Court never asked whether the brothers understood effective versus ineffective assistance of counsel; whether they understood reasonable diligence in legal representation; whether they understood the actual work expected of attorneys in CCE and money laundering cases and against…

conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is…

Ndeumeni further avers that the trial court erred in denying his motion to exclude the testimony of Kemogne’s witnesses where Kemogne failed to adequately disclose the witnesses and the contents of their testimony in discovery. Maryland Rule 2-433(a) bestows upon the trial court broad discretion in remedying discovery violations. Md. Rule 2-433(a). Critically, Rule 2-433(a) employs a permissive, but not mandatory, “may” where the rule provides that “the court . . . may enter such orders in…