Legal procedure

In the present action, Ndeumeni’s motion for summary judgment was based on the premise that because the alleged agreement made between Ndeumeni and Kemogne failed to satisfy the statute of frauds, she should be precluded from arguing that there was an agreement under a theory sounding in tort. Initially, we observe that in her original complaint Kemogne did allege that Ndeumeni breached a contract with her. Plainly, a breach of contract claim could not be sustained where it is undisputed that…

Case Citation: SWATCH AG v. Beehive Wholesale, LLC, 739 F. 3d 150 - Court of Appeals, 4th Circuit 2014 Background of case: Swatch was the appellant and Beehive Wholesale is the respondent. This case was being located in the Court of Appeals of the 4th Circuit located in Richmond, Virginia. The case was argued on October 30,2013 and was decided on January 7, 2014. This case is a civil case that Swatch AG filed to “seek cancelation for trademark infringement and federal…

One or all could attempt to prove, that a legal claim for negligence might be made against Jamie's Whaling Station Ltd., the owner/ operator, crew, and or captain. The plaintiff must prove one or all of the defendants owed a duty of care to the passengers on the tour to act carefully towards the…

reflect general norms that exist outside the contours of legal principles and logical generalizations of law itself. Law is considered to…

Outside of the electronic systems I feel that any court official helps make the court run efficiently. If I had to choose one individual I would chose a court administrator to be the one who has a high impact. My reason being is they are the eyes and ears for pretty much everything. These individuals are the ones who schedule trial dates and handle a majority of the official paperwork. The court administrator I feel is like the middle man to everyone. In other words the lawyers bring in lawsuits…

(Code Civ. Proc. § 1032, subd. (b).) Where provided by a fee-shifting contractual provision, attorney’s fees qualify as “costs” for that purpose. (Code Civ. Proc. § 1033.5, subd. (a)(10)(A); Civ. Code § 1717, subd. (a).) However, Code of Civil Procedure section 1033 (“Section 1033”), subdivision (b)(1), provides the trial court discretion to deny or limit a prevailing party’s costs where “the party could have brought the action in the small claims division but did not do so.” Section 1033’s…

The Hospital has fully and completely responded to the Third-Party Defendants’ discovery requests, and in our good faith effort to clarify and address the specific items in your letter, and thereby avoid any discovery dispute, we are providing the following supplemental responses and will further supplement if additional responsive information is obtained as discovery progresses. In further response and without waiving any of the previous objections, including objections as to attorney-client…

used by the prosecutor” (Goffman 2014, p. 264). During this, a lawyer must also be able to protect the legal rights of the client. Furthermore, the lawyer must insure that the accused receives the fairest trial and or is able to help the accused be dismissed from all charges on them. At first the lawyers use casual language that all people in the courtroom understand, however as soon as they use legal terms it is difficult for the other non-professionals to understand making the ambiance more…

The standard of care the court will apply will be the widely accepted standard of competent professional practice in Australia by members of the same profession (CLA (s41(1)). (ii) If the surgeon’s legal counsel calls witnesses who testify truthfully that her techniques were widely but not universally accepted, would that information help to rebut the allegation? Yes, that information would help to rebut the allegation as professional opinion does…

the theoretical perspective of a legal positivist; conclusions will be made by viewing the case through this perspective. This perspective essentially sees law as being independent of the state and existing on its own terms. To be more specific, it is a way of thinking that posits no necessary connection between law and extra-legal disciplines such as morality, politics and economics. This analysis will explain…