does not constitute a court order sufficient to override the presumption of paternity. Likewise, we find that failure on the part of Darlene Romer to respond to a request for admission under Civil Rule 36 admitting that Richard Romer is not the biological father of R.M., does not constitute clear and convincing evidence to rebut paternity, in the opposite, the superior court finding that “the plaintiff is not the father of R.M. and owes no support” is clearly erroneous because it makes no mention of the standard of proof it used as opposed to that set out in AS 25.20.050 Legitimation by subsequent marriage, acknowledgment in writing, or
Blood test confirmed no biological attachment, therefore, Fiege is not obligated to care for the alleged daughter. Reason: 1. Forbearance to sue for a lawful claim or demand is sufficient consideration for a promise to pay for the forbearance if the party of the forbearing had an honest intention to prosecute litigation which is not frivolous, vexatious, or unlawful, and which believed to be well founded. Boehm filed her claim with the honest intention to recover the monies which was promised to her if she forbear from filing a bastardy claim against Fiege. The formation of a contract created by both parties was legitimate showing no proof of fraud, deception, or
The first category of advertisements is not considered offers, while the latter is not. Because the Vehicle Code forces dealers to sell at advertised prices if the vehicle remains unsold and before the advertisement expires, the plaintiff is reasonable to take the ad as an offer. The court next considered if the mistake was genuine. The court finds that the defendant satisfied the requirements for a rescission of the contract. The significant error in price is a mistake regarding a basic assumption.
. [t]he Court must determine which of these conflicting rules governs the case. 2. How does a court acquire in personal jurisdiction? Generally, a court can exercise personal jurisdiction (in personamjurisdiction) over any
According to hard determinism we are not free in the sense required for moral responsibility, and therefore, what happens cannot be affected by choices that are free in the sense. But what happens may nevertheless be caused by the decisions we chose and the choices we make. A reaction to hard determinism is that if it were true, we would have no reason to attempt to accomplish anything, to try and improve our lives because our decisions and choices would make no difference. If everything we do is pre determined then why try hard to achieve anything, if you are meant to do a certain something, it will happen, it is already determined for you, so the hard determinist would say. In the hard determinist’s judgement, this feeling of freedom is an illusion.
I do not corrupt the young, I do so unwillingly or you are lying. If I do so unwillingly, the law does not demand for you to bring me to court. Instead it is required for you to get a hold of me alone, discuss the matters as to how I am corrupting the youth and then instruct me as to how to prevent this from ever occurring. If I have learned from this warning, I would have done better. You have chosen to avoid me and bring me to court without any warning, “where the law requires one to bring those who are in need of punishment, not instruction.” In this clarification from the Apology Socrates is stating that he is not persuading others to become evil.
Rhetorical Analysis Essay for Letters Between Mr. Seaver and Mr. Herbert Mr. Seaver and Mr. Herbert’s letters convey points of interest to persuade each other to see their point of view. Although both appeal to each other in an argument, they also appeal to tone and logos. Even though both of the letters are able to use these techniques to prove their point, Mr. Seaver was able to use them more effectively, In Mr. Seaver and Mr. Herbert’s letters both express what actions should be taken on their issue, being whether or not the use of “It’s the real thing” should be continued to be used by Mr. Seaver’s business. One of the appeals both companies use is their appeal to tone. Through out both of these letters tone is created by what type of message is being created.
An intentional tort is any deliberate interference with a legally recognized interest, such as the rights to bodily integrity, emotional tranquility, dominion over property, seclusion from public scrutiny, and freedom from confinement or deception. Under certain circumstances the law permits individuals to intentionally pursue a course of conduct that will necessarily result in harm to others. The harm that results from such conduct is said to be outweighed by more important interests. ("Intentional torts legal definition of Intentional torts," n.d.) When a person commits a direct or indirect act which is the legal cause of a harmful contact with another is liable if the act is done with the intention of bring about a harmful offensive contact or apprehension there of the other or a third person, the contact is not consented to by the other or the others consent thereto is produced by fraud or duress, and the contact is not otherwise privileged. ("Garratt v. Dailey – Case Brief Summary," n.d.) In the case of Garratt vs. Dailey, five-year-old Brian Dailey while visiting the house of Ruth Garratt pulled a chair out from under her just as she was about to sit causing her to fall and break her hip.
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Furthermore, a significant question that arises in this matter and that was subsequently discussed in this report was whether a media publication can ‘unconsciously’ influence judges or juries and whether judges, as human beings are not susceptible to such indirect influences, at least subconsciously or unconsciously? The American view appears to be that jurors and judges are not liable to be influenced by media publication, while the Anglo-Saxon view is that judges, at any rate may still be subconsciously influenced. It has been observed that the Supreme Court has accepted the Anglo-Saxon view in the case of Reliance Petro chemicals v. Proprietor of Indian Express . It appears that it was accepted by the Supreme Court that judges are likely to be “subconsciously”