Court of Session

sophisticated and complicated schemes. In Australia, the jurisdiction to grant the order is found in the inherent power of the court to prevent frustration of abuse of process, in statutory provisions including s 23 of the Federal Court of Australia Act 1976 (Cth), and in equivalent state legislation. However, it ought to be noted that the power of the court under the Federal Court of Australia Act does not extend to the granting of a Mareva Order where it is intended to support pecuniary…

What is competence? Competence is a person who possesses knowledge, skills, thoroughness, and preparation in his/her field of work. Under the provisions of California rules on lawyer competence (CRPC) 3-10 states: “an attorney must not intentionally, recklessly, or repeatedly fail to perform legal services with competence.” Yet, an attorney can still practice law without certain skills as long as they know how to cure their lack of learning or skills by consulting with another knowledgeable…

Every criminal case that a prosecutor handles is not the same regarding the minor details. The only constant factors are the elements to each crime that as to be met to have probable cause to charge the offender. Furthermore, with crucial cases, extensive amount of evidence needs to gathered to rightfully continue with the prosecution of the offender and thus may indicated the release of the suspect until further investigation. The statements from every individual involves or presents needs…

2a) in advising Horace and phyllida on whether they can insist that Liz leaves No. 5, we will state the issues which are whether or not Horace and phyllida possess the right to do so? Based on the ‘TOLATA Act 1996 section 12(1) ’, Liz has the legal right to occupy No. 5 as a beneficiary of the trust. Therefore, Horace and phyllida will not be successful on insisting that she leaves No. 5. Though, the trustee which is Horace and phyllida have the power according to TOLATA Act 1996 section 13 (1)…

In the alternative, the relief approach focuses more on what sort of relief the plaintiff alleges in their complaint. The Ninth Circuit developed the relief approach in the aftermath of Smith v. Robinson; 20 U.S.C. § 1415(l) was interpreted to mean that the existence of the ADA and Title V of the Rehabilitation Act logically meant that claims of relief must exist outside the scope of the IDEA because the IDEA was no longer the exclusive avenue for ensuring the rights of handicapped children.xxv…

Dear judge. This is my Declaration regarding our case For Grandparent visitation. I Am the father of the 3 children And the son of the petitioner Victoria Montano-Burke. I’m writing This letter for the concern of our children’s health and wellbeing. Our children have been full of stress and also poor eating habits. Are youngest child Logan Arnold has been chewing his fingers and Bitting his nails ever since this visitation has started. Our middle child Mason Arnold has been eating poorly and his…

Eric Carr once said, “I can't say why people lie; they just do. Everyone has their own reasons for not telling the truth”. The task of determining truth rests in the hands of every human at one point or another. In order to ascertain a statement’s truth value, we must analyze an individual’s known or unknown motives behind their statement, considering both formal and informal settings. In formal settings, such as a courtroom, provide jurors and onlookers with the difficult task of determining…

with a criminal defense lawyer, you may decide that you are not in the position to hire a private law professional. You may decide that you will go with one that is court-appointed. Perhaps you have thought in the past that this meant you would be choosing something inferior, because you cannot afford better. The reality is that court-appointed lawyers are well trained and actually more experienced…

of intentionality and burdens is easier to prove than the criminal case. With a criminal case, the prosecutors must meet to get a conviction. In a criminal case the defendant is innocent until proven guilty. It’s the prosecutor job to prove to the court that the defendant is guilty beyond a reasonable doubt. The jury will decide in a civil case if the defendant is guilty or not. If the evidence provided is not enough to prove the defendant guilty, the case will be dismiss. The jury must decide…

The New York Conspiracy Trials was a supposed plot by the poor white people and the enslaved African Americans to revolt, burn down New York City and kill the rich white citizens of New York. After a string of fires that burned down several buildings in New York slaves were identified as the only possible suspects, which are depicted in “Reading and Writing Terror: The New York Conspiracy Trials of 1741” written by Andy Doolen and in “The New York Conspiracy, Or A History of the Negro Plot”…