The doctrine of caveat emptor imposes no duty to the vendor to disclose any information concerning the property conditions. This doctrine requires that buyers bear the burden of examining and finding the defects in the title and in the condition of the property. In the case Johnson v. Davis, 449 So. 2d 344 (Fla. 3d DCA 1984), decision approved, 480 So. 2d 625 (Fla. 1985), the court stated that where the seller of a house knows the house has serious defects and fails to disclose the defects to…
Right to Equality and Access to justice : Article 14 provides that the state shall not deny to any person equality before the law or the equal protection of law within the territory of India. Article 14 uses two expressions “ equality before the law” and “ equal protection of law”. Equality before law is taken from England and equal protection of law is taken from American Constitution . both these terms appear same but they have different meaning. Equality before law provides that everybody is…
Under Rule 8.1, Chandler, was wrong by not disclosing his DUI to the bar. An individual for entering to the bar, or an attorney in connection with the admission to the bar application, shall not knowingly make an untrue statement of material fact, or fails to tell a fact necessary to correct a misapprehension known by the applicant to have arisen in the matter. He knowingly failed to respond to a lawful demand for information of admission or to the disciplinary authority. This rule does not…
Liberty Law Promise Promise, a declaration or assurance that one will do a particular thing or that a particular thing will happen. Promises are commitments made, an agreement or assurance, an oath taken for a person or for oneself. The person making the promise, vows to fulfill the task or keep his word. A promise can be in spoken or unspoken form. Promises can create or destroy dreams. A single promise can keep someone's hopes going forever. A promise is something very important to me. In…
Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. It is clear from my research the that Federal Courts will not permit states to constrict arbitration, and they will enforce arbitration agreements in all but the rarest circumstances, no matter how much advantage they give to the stronger parties. I agree with the legal trend that is visible in state and federal case law, to the extent that it has grown tremendously since the FAA was enacted, but I…
STANDARD OF REVIEW A district court's review of a hearing officer's decision is virtually de novo. Teague Indep. Sch. Dist. v. Todd L., 999 F.2d 127, 131 (5th Cir. 1993). In IDEA cases that reach the Fifth Circuit, questions of law and mixed questions of law and fact pertaining to the district court’s decision are reviewed de novo. R.P. v. Alamo Heights Indep. Sch. Dist., 703 F.3d 801, 808 (5th Cir. 2012). The appeal at bar is a question of law and a mixed question of law and fact and thus,…
What i have learned in relation to the objectives are; what a will, probate, living trust, and insurance is. My understanding of what a will is; a leagal document stating what the deceased persons wishes are and who personal estate will be distributed to. A testator is someone who makes the will describing how devise, legacy, and bequest will be handeled after the person has been deceased. Personal letters to family or close ones may also be included in a will. Making a will is very important,…
A motion to dismiss under Maryland Rule 2-322(b)(2) tests the sufficiency of the pleadings. Walton v. Network Solutions, 221 Md. App. 656, 665 (2015). A court considering a motion to dismiss for failure to state a claim must assume the truth of all well-pleaded material facts as well as all inferences that can be drawn from them. Conwall Law LLC v. Tung, 221 Md. App. 481, 513 (2015). The material facts which set forth the cause of action “must be pleaded with sufficient specificity.” Id.…
The author has been tasked with reviewing a suit against Widget Corporation and determining the procedural and substantive legal proceedings. This paper will review the merits of the case brought against Widget Corporation and suggest various courses of action for dealing with the lawsuit. The author will review two areas of law by which a case can be brought – contract and tort law. The author will reference the Universal Commercial Code as well as US tort law to present various arguments and…
circumstances of the case in making its determination… No particular factor has primacy and each case depends on its own facts…” This is consistent with the idea that the doctrine of fixtures is determined on a case by case basis reflected in both common law and statute, but also opens up the avenue of inquiry. It also acknowledges the limitations of only taking an objective, factual approach. Only so much can be gained by looking at the facts alone without context to place those facts in. A…