Free Essays, Term Papers, Research Papers at Anti Essays

Common law- judge made law in absence of statutes, case law, statutes and court opinions.
Civil Law- laws enacted from statutes or code law. Equitable law- laws that provide remedies. NOT damages. Such as contractual obligations, enforcement of trust, restitution, corr. Or cancellation of misleading docs. Impeach- challenge or attack credibility. Equitable Remedies- command an act on specific performance (injunction) What is law? The mechanics designed to govern society which maintains order and stability and builds consensus of values, morals, beliefs, consciousness and norms amongst the populace.
Du Pont v Christopher- (US Court of Appeals 1970) Motion to dismiss case based on wrongful accusation of violation of acquiring pictures. DP- Motion to retrieve clients/photos. Case of 1st Impression for Texas. Erie Doctrine (fed/state) State law applicable. Interlocutory Appeal. Christophers =Appellant=reasoning for Feds attn. “Improper Means of Discovery” Issue- Whether the aerial photos of plant is improper means of obtaining secrets? Holding: Affirmed and Remanded to trial courts to proceed with merits.
The Florida Bar v John Pape- (Supreme Court of FL. 2005) Florida Bar filed a suit for improper conduct in tv ads. Violates Rules of Professionalism in statutes 4-7.2(b) (3) and 4-7.2 (b) (4) in the Rules Regulating Professionalism in the Fl. Bar. Used a pitbull with a spiked collar excessively 1800pitbull. Respondents – Pitbulls signify loyalty, persistence and tenacious. The number for mnemonic learning, Protected speech of Amendment 1 which the bar seeks to abridge. Argument of Court- ads makes mockery of Bar n total opposite (Amend. 1) to render lack of trust. Provides miscomm. and manip. Didn’t obj. state skills but tactics of representation. Public reprimand, FL. Bar Adv. Workshop within 6 months. Precedents- Bates v. State Bar of Arizona (1977) lawyers adv. Services at low cost.
Gonzales V Raich-Supreme Court 2005 (Whether the...