Facts: Section 3(c)(1)(D)(ii) of FIFRA authorizes EPA to consider certain previously submitted data only if the "follow-on" and registrant has offered to compensate the original registrant for use of the data. The legislation provides for binding arbitration. However, if the registrants fail to agree on compensation, the arbitrator's decision is subject to judicial review only for "fraud, misrepresentation, or other misconduct." The manufacturing firms engaged in the development and marketing of chemicals used in pesticides, appealed the EPA decisions and began proceedings in Federal District Court to challenge the constitutionality of the arbitration provisions. They argued EPA violated Article III of the Constitution by allocating to arbitrators the functions of judicial officers and by limiting
LBS HOMEWORK SHEET Name of Case in Proper Legal Citation Format - Donovan v. RRL Corp, Corp., 27 P. 3d 702 (Cal: Supreme Court 2001) Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? - The plaintiff is Brian J. Donovan, and he is suing a car dealership for refusing to sell a vehicle at a price listed in an advertisement. What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on? - The court must decide if the advertisement constituted an offer, and if the mistake is genuine and can be grounds to avoid the contract due to a unilateral mistake of fact.
DECISION: Affirmed in favor of appellee (Durham). Refund of purchase price affirmed. DISCUSSION: Appellants claim that there was evidence that they held good title or at leas voidable title and therefore had the right to sell. Court finds it unequivocal that a person who has goods of another cannot pass title whether such other knew or did not know that goods were stolen. It is undisputed that the automobile is stolen and title is void.
The defendants were bitter, for learning the outcome, so the defendants then filed a motion for relief from the judgment stating that it did not have personal jurisdiction seeing that the plaintiff filed in Idaho and they were served in Maine. Procedural History: The plaintiff Blimka filed an action for fraudulent mis-representation of a product. In which the plaintiff Blimka seeks justice on the grounds that personal jurisdiction by the plaintiff in one state over a non-resident in another state who falsely advertise their business goods. However, the defendants My Web and DePalma are challenging that their acquaintances with Blimka were lacking under the substantive or procedural law to permit personal jurisdiction in this case. The courts had to determine if the statements were sufficient to exercise long arm statute seeing that the fourteenth amendments allows personal jurisdiction.
Disappointed, the Tinker’s appealed their case to the U.S. Supreme Court. The Supreme Court decided to hear this case because they have made attempts in the past to define the freedom of speech limitations. They wanted to hear the constitutionality of Des Moines’ anti-armband
The court, therefore, will dismiss the case when the doctrine is applied since the defendant will argue their case based on the persuasiveness of the lower court or private court’s rulings. 1-7.The dormant Commerce Clause Purto Rico enacted a law in 2001 that sought for specific labels on cements sold in the state with a penalty on any company that violated the requirements. Similarly, the enacted law prohibited the sale of cements from outside the state. Antilles cement firm that imports from outside the stated filed a case in the court with claims that the enacted law violated the dormant commerce
1) Was a Contract Formed? Offer - Definiteness & gap-fillers - Implied promise to negotiate in good faith - Ads - Firm offers - Revocation Acceptance - By promise: bilateral contracts - By performance: unilateral contracts - Notice - Subjective acceptance/Silence - Timeliness - Mailbox rule - Counter-offer/Qualified acceptance/Inquiry Consideration - Donative promises - Reliance issues - Bargain - Moral & past consideration - Illusory promises - Legal Duty - Accord & Satisfaction - Waivers - Implied by Fact - Implied by Law 2) Why Not Enforce? Problems with contract formation - Unconscionability
Law Chapelton v Barry Urban District Council shows that unsigned exclusion clauses need to be clearly defined to a reasonable person. Another case highlighting the need for exclusions to be clearly informed to the other party is the case of Causer v Browne. As for the case of White v John Warwick & Co Ltd the court held that the company providing defective product is liable for their negligence. If reasonably sufficient notice is given as to the existence of an exemption clause, then it is accepted by the courts that that clause becomes parts of the contract. The case that set this dictum, and which laid our the guidelines for testing the reasonableness and sufficiency of the notice
The defendants then appealed to the Pennsylvania Supreme Court. Issue: Did the Steeler’s commit a breach of contract against Yocca and other SBLs holders as well as violate the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL)? Decision: No. The Pennsylvania Supreme Court agreed that the contract contained all parts of the agreement that was made between the plaintiffs and
●Martha sued her employer claiming she was denied a promotion because of her age. This is a criminal lawsuit. (False) กฏหมายอาญา = Crimical law รวมลักษณะบทลงโทษ (Criminal law prohibits certain behavior) ,กฏหมายแพ่ง = Civil law ระเบียบระหว่างบุคคล สิทธิหน้าที่ ทรัพย์สิน (Right and duties between paties) ● The early law of the United States was inherited in large part from the law of Spain. (F) มาจาก England ● Alberto is the Director of Human Resources at Browntown, Inc. Browntown, as a government contractor, is required by law to have an affirmative action plan. Alberto disagrees with affirmative action.