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    properly executed with or without using any common seal if it is signed by two directors (Corporations Act 2001). The other three claims that the loan agreement was not properly executed as they did not approved the expansion plan but co-signing of Karen and Jones makes the loan agreement legal as they are legal directors. Here it is not mentioned that whether or not Karen and Jones used the common seal of company to get the loan. But with or without the common seal the document is still duly…

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    Commonly Held Values

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    arrangement is that of an umpire, making sure that the trial proceeds according to the protocol and rules of trial or due process of law and that evidence entered is done so according to established rules and guidelines. The inquisitorial method is the common practical approach in most civil law jurisdictions. In the inquisitorial method the judge is involved in the preparation of evidence along with the police and in how the various parties are to present their case at the trial. The judge…

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    King Henry II of England introduced Trial by jury in 1215, creating justice for the accused of a crime. Trial by jury created justice and a fair trial for peasants and serfs, who had previously been tortured. From the perspective of the peasants and serfs, this essay will discuss what changed and what continued, in relation to law and order in medieval England. Discussion will include crime and punishment and the determination of guilt and innocence, from the perspective of peasants and serfs.…

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    False Claims Act Case Study

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    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…

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    Ssc Picart Case Summary

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    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.…

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    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…

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    Neser Case Summary

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    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…

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    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,…

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    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…

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    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…

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