IV. Issue Contract interpretation is a question of law reviewable de novo. When the meaning of contractual language is plain and unambiguous, construction is not necessary. If a contract is found to be ambiguous the rules of construction apply. Whether the language of a contract is ambiguous is a question of law.
Under the parol evidence rule, if a court finds that the parties intended their written contract to be a complete and final statement of their agreement, then it will not allow either party to present parol evidence (testimony or other evidence of communications between the parties that are not contained in the contract itself). 15-4a Exceptions to the Parol Evidence Rule Because of the rigidity of the parol evidence rule, the courts have created the following exceptions: 1. Contracts subsequently modified. Evidence of any subsequent modification (oral or written) of a written contract can be introduced
Adjudication Types A. Formal 1. Adjudication is similar to a court trial. It is the way that agencies decide on situations brought forward for review. Review will take place until a fair decision can be made.
“Stare decisis” literally means “to stand by decided matters”. This phrase “stare decisis” is an abbreviation of the Latin words “stare decisis et non quieta movere” which implies “to stand by decisions and not to disturb settled matters”. According to this doctrine, the decisions passed at a higher court within the same jurisdiction provincials, act as binding authority on a lower court within that same jurisdiction. The decisions of a court of another jurisdiction only act as persuasive authority. 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.
What is a case of first impression?! — Binding authority is any source of law that a court must follow when deciding a case. Persuasive authority is when court review persuasive precedents when no binding authority exist.! —Courts can depart from precedents if the precedent is based on a clearly erroneous application of the law. When there is no precedent to base a decision is called first impression.
Issue: Are the ordinances written by the Westerly Town council constitutional under the First and Fourteenth Amendments? Holding: No, the ordinances as written are unconstitutional under the First and Fourteenth Amendments. Reasoning: Under the rule of law presented in Lakewood, 486 U.S. at 770, 108 S.Ct. at 1243-44, the standards must be explicitly set out in the ordinance itself, a judicial construction or a well-established practice. Disposition: It is ordered that the defendants are enjoined from conducting a show case hearing, revoking the plaintiffs’ license pursuant to these ordinances.
Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. It seems to me that statutes can be either struck down after interpretation or continue to be enforced.
Where a consequence must be proved then the prosecution has to show that the defendant’s conduct was the factual cause of that consequence, the legal cause of that consequence and that there was no intervening act which broke the chain of causation. Factual causation is established by applying the 'but for' test. This asks 'but for the actions of the defendant, would the consequence have occurred?' and if the answer is no and the consequence would not have occurred then the defendant is liable as it can be said that their action was a factual cause of the consequence. In order for legal causation to be established the question to be asked is whether it is fair to attribute blame to the defendant, if the jury believe the defendant can be blamed for the consequence then he is also the legal cause of the consequence.
It must include the fundamental terms of the agreement with the intention that no further negotiations are to take place. An invitation to treat is different to an offer as it only invites the party to make an offer and it is not intended to be binding. ix) In contract law consideration is required as an inducement to enter into a contract that is enforceable in the courts. It is an essential element for the formation of a contract. What constitutes sufficient consideration, however, has been the subject of continuing legal debate.
So, it has to put some effort to c The United states supreme court explained that due process requires "notice reasonably calculated, under all the circumstances, to appraise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Mullane vs Central Hannover Bank & Trust Co.,339 U.S.306,314(1950). The fourth circuit of appeals held that "Although a party required to provide notice need not undertake extra ordinary efforts to discover whereabouts and identity of mortgagee in the public records,it must use reasonably diligent efforts to discover addresses that are reasonably ascertainable. "Plemon v.Gale,396F.3d 569,57(4th cir.2005). The court suggests that notice by mail to the mortgagee may ultimately relieve the county burden, if mortagagee arranges for payment of delinquent taxes prior to tax sale. The Courts suggests that use of less reliable forms of notice is not sufficient when an inexpensive and efficient means, such as mail, is available.