The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of…
g. CPT Reid was signed for this equipment and there were no evidence presented that he properly sub-hand receipted this equipment to SFC Picart or to any other members of the supply team. h. SFC Picart by his own omission, revealed that he received the sole keys to the equipment storage facilities from CPT Reid. When SFC Picart received the keys to the storage facilities thereby, he assumed custodial responsibility, therefore, obligated him for the property in storage awaiting issue or turn-in.…
The adversarial system that is used in Australia is said to be more concerned with resolving disputes than in discovering the truth. The adversarial system is commonly compared to the inquisitorial system used by our European counter-parts, and each has their own advantages and disadvantages. The adversarial system seeks the truth through opposing adversaries competing by putting their version of the truth forward via means of evidence, witnesses and arguments that they have prepared…
Board was unjustified in looking to extrinsic sources to discern the HCGPP’s meaning. We disagree. “‘The first step in determining legislative intent is to look at the statutory language and if the words of the statute, construed according to their common and everyday meaning, are clear and unambiguous. . . .’” Johnson v. Mayor & City Council of Balt. City, 387 Md. 1, 11 (2005) (quoting Oaks v. Connors, 339 Md. 24, 35 (1995)). “If the language of the statute is clear and unambiguous, we need…
Unlike the inquisitorial systems found in Europe, American jurisprudence is based on adversarial litigation and “winning.” This adversarial system fosters an environment that has led to incivility amongst lawyers, their clients, and tribunals. Incivility has grown to be an epidemic amongst lawyers, and has caused state and national bar associations to acknowledge and mitigate it. Civility is a necessary quality of my professional identity for the following reasons. First, I value productive,…
Conns Furniture Class Action Lawsuit Are you receiving harassing phone calls from Conn’s Furniture Store or Conn’s Home Plus? Are you being contacted over late payments or an account that isn’t even yours? Conn’s is a popular store that sells goods for the home, such as appliances, furniture, electronics, and mattresses. The company provides credit financing to customers for purchases through an in-store application process. But if the customer gets behind on their payments Conn’s may threaten…
Complainant’s Position The analysis of Ron engineering case is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. Ron engineering wanted their refund for 150,000$ deposit they did but afterwards realize they made a mistake. A call for tenders was sent out in order to get the $150,000 back which would be lost if the tendered…
In Making your Case: The Art of Persuading Judges, Antonin Scalia and Bryan Garner provide a framework of 115 principles dealing with persuasion, legal reasoning, brief writing, and oral arguments both budding lawyers and courtroom veterans can employ to persuade the courts to decide cases in their clients’ favor. While each of these principles was most likely laboriously scrutinized and meticulously fact-checked before making its way into the book, there are a few principles that emerge as more…
The civil and criminal justice system in America relies heavily on juries in deciding a person’s guilt, innocence, or even determining whether a specific party should be held negligent for a particular action or inaction. Jurors are summoned to serve on a jury in the community which they live. Lawyers want citizens to serve on a jury who can listen to facts and come to a conclusion based on the facts put on at trial. Jurors are supposed to be unbiased in a case; however, that is not always the…
Sidhu v Van Dyke This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as Burra Station. The appellant, Mr Sidhu, lived in the main homestead on Burra Station. The respondent, Ms Van Dyke, and her husband lived in Oaks Cottage, approximately 100 metres away. Ms Van Dyke and her husband paid rent to Mr Sidhu’s wife in respect of Oaks Cottage. Both the main homestead and Oaks Cottage were located on an…