An option to file a cross-complaint against the plaintiff is presented at this point if the defendant thinks it is necessary to seek damages they may incur because of the plaintiffs suite. The plaintiff has to file a reply to the defendant’s cross-complaint if the defendant takes such
LAW/575 Final Exam 1) Which of the following is true regarding state and federal court jurisdiction? A. In all cases, state courts have concurrent jurisdiction with the federal courts. B. Federal courts begin with exclusive jurisdiction until a state court intervenes.
at 240 (citing Howard Delivery Serv. v. Zurich Am. Ins. Co., 547 U.S. 651, 669, 126 S.Ct. 2105, 165 L.Ed.2d 110 (2006)).
Whether the language of a contract is ambiguous is a question of law. We review a circuit court's decision regarding an equitable remedy under the abuse of discretion standard. V. Holding We conclude that Cicmanec entered into a binding, enforceable contract, and because he breached this contract, Ziegler Funeral Home is entitled on remand to relief. VI. Rationale or Reasoning All the essential terms were expressed in this agreement.
Explain the relationship between Hayne’s argument and the Virginia and Kentucky Resolutions of 1798. Hayne argued that states should have the right to decide what is best for their state, even if it means opposing the federal government. In the Virginia and Kentucky Resolutions, they state that “the States who are the parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them”. In the Kentucky Resolution, it states, “that the government created by this compact was not made the exclusive or final judge of the extent of the power delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers;… each party has an equal right to judge for itself”. These two resolutions support Hayne’s argument.
ATTORNEYS' FEES: In any legal action brought by either party to enforce the terms hereof or relating to the demised premises, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorneys’ fees. 2. ACCETANCE OF PROPERTY: LESSEE shall complete a property inspection not later than THREE DAYS AFTER TAKING POSSESSION OF PROPERTY. 3. METHOD OF PAYMENT.
The Father of the U.S. Constitution James Madison identified the federal government’s fundamental purpose, to safeguard the constitutional rights of the Americans (Salvato, 2010). The US Constitution set up three separate branches of federal government. Each branch has its own authority and fields of influence. Moreover, the Constitution set up a system of checks and balances that assured no one branch would rule supreme. These three systems would provide the checks and balances for many years to come.
Rosemary Silva Instructor: Jeffrey Gulley Course: Family Law August 29, 2013 Commonwealth of Massachusetts Division The Trial Court Docket No. Probate and family Court Department COMPLAINT FOR DIVORCE PURSUANT TO G.L. c. 208 § 1B Patty Bean, Plaintiff V. David Bean, Defendant Plaintiff, who resides 123 West Golf Road, Boston, Massachusetts, 12345 she was unlawfully married to the defendant who lives at 456 East Lark Street, Boston Massachusetts, 12345 the parties were married at Boston Massachusetts on April 5th 2009 and last live together at 123 West Golf Road, Boston, Massachusetts,
86-1278) 485 U.S. 46 Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0485_0046_ZS.html New York Times Co. v. Sullivan (No. 39) 376 U.S. 254 Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0376_0254_ZS.html Stanley v. Georgia (No. 293) 394 U.S. 557 Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0394_0557_ZS.html Miller v. California (No. 70-73), 413 U.S. 15 Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0413_0015_ZS.html New York v. Ferber (No. 81-55) 52 N.Y.2d 674, 422 N.E.2d 523, reversed and remanded.
{draw:frame} References Potucek, R. (2003). Affirmative Action: Pros and Cons. K State Perspectives. Retrieved August 14, 2009, from http://www.k-state.edu/media/webzine/0203/aapros&cons.html Hall, Patrick A. American Libraries, Oct91, Vol. 22 Issue 9, p898, 4p, 1 color Rosen, Benson; Jerdee, Thomas H.; Huonker, John.