Federal Rules of Civil Procedure

II. Standard for Summary Judgment Rule 56 of the Federal rules of Civil Procedure governs the standard for summary judgment. The rule states, “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law” Fed. R. Civ. P. 56. As applied to the comparative advertising, issues involving, unfair competition, disparagement, confusion, falsity of advertising claims, and likelihood of injury…

Jackson was elected as President of United States and appointed a number of close friends into administrative roles throughout the federal government. These appointed officials took part in what is known as today as the spoils system. Federal administrator has the authority to hire and fire any person within their agency without merit or cause. This led many federal agencies to become ill-equipped in meeting the demands of the elected officials and the public interest. In many cases those who…

Federal governments have issued laws, directives, rules, plans, and also had discussions on how to control and maintain a safe atmosphere from bullying for each person. School districts throughout the nation have set forth regulations that will keep bullying at bay. Some may counter…

There are a number of publications and websites that address the various aspects of law enforcement agency and individual police officer accountability. Many of the publications and websites address their states policies and procedures on accountability, but do not address them on a broad or national level. There are many court cases that have driven the direction of police accountability in a good way. However, those court cases do not come up until non-accountability becomes an issue. Recent…

especially important model that was adapted for use in state courts was the New York State Field Code of 1848. This code clarified jurisdictional claims of different issues and gave specifics in the matter of court procedures and regulations. It also established a set of simplified rules for pleadings and how they were to be brought before the court in different situations. It was named the "Field Code" because it was proposed by a man named David Dudley Field (Field Code of New York, 2011).…

being supervised by an attorney. The Sixth Amendment Right to Counsel only applies to criminal and not civil cases. However, there is a few exceptions to this Amendment, but this is not an option. In pro persona, non- attorneys are held to the same standards as the attorneys. They are not waived or not forgiven when they do not have a clearly understand the statutes, rules, local rules and procedures. It is not the efficient way to win your lawsuit. The Document Preparation Services is another…

United States and its government have debated over the controversy surrounding civil rights and civil liberties, most importantly civil liberties. Civil liberties are “the restraints on the actions of government against individuals” (Bardes, Schmidt, and Shelley 106). The Bill of Rights, the first ten amendments to the Constitution, describes these liberties. Originally, the Bill of Rights only applied to the federal governments due to our forefathers’ fear of the possibility of a tyrant…

They do not have the proper policy, procedure, or tools to punish offenders (Cohn 1). For example, a former student sued Wesleyan University for its inconsistent procedure and unequipped staff that failed to protect her from a fraternity already known for rape (Engel 1). Also, schools are resistant to expelling attackers. A Justice Department 's Office…

What is civil forfeiture? This law is a nationwide procedure; however, Mississippi is considered the worst for encouraging this abuse called policing for profit. It’s a law where police and prosecutors confiscate the private property of an individual who is allegedly suspected of an illegal drug activity but has never been convicted. “What (doth it) profit, my brethren, through a man say he hath faith, and have not works?” (James 2:14 KJV). The state and federal civil asset forfeiture laws,…

First of all, in every nation have a different kind of criminal law and everyone have to understand and follow the rules of the country they are in. However, the criminal law in the U.S. involves prosecutors by the government of a person for an act that has been classified as a crime. According to the American values saying that “we have a government of law, not of men (and women).” On other words that there are no system in the U.S. based on the decisions of a king or dictator. On the other…