Trial Prep 3 Moon Microsystems v Zucchini Counsel for the Plaintiff Javier Hilty and Songyue Huang Part 1: Legal Arguments: The defendant 's domain name is confusingly similar to the marks owned by our client. This is obvious as his domain moonmocha.com contains both marks in question. And falls under the ACPA 15 U.S.C. § 1125(d).
Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball.
Document C: How could this classmate improve their understanding of Document C? To improve your understanding of Document C, you could fix that it was a year and 7 months before her arrest not 7 months. Also, you could include how her middle-class status influenced her letter. 3. Document D: How complete, specific, and detailed are these answers?
Undocumented children are given the right to school. In Article 26 of the Universal Declaration of Human Rights, it states that education is a human right. (crossing the borders peer) In the year of 1982, this right was opened up to children without legal status in the United States. Denying these rights was deemed unconstitutional; education was opened up to illegal immigrant children.
The legal nature or name of the claim by Ernie regarding this issue is negligent misrepresentation by prospective employer. He only took the job because he was promised this job would lead to a supervisory position. b) Briefly describe the legal arguments in favour of Ernie’s claim that the Cambrian Pulp and Paper Company wrongfully failed to promote him. According to Ernie, he only took this job in hope of a promotion.
Scenario Case for Stare Decisis Doctrine In discussing whether Marbury v. Madison could be the precedent to the case of Linda and Jennifer, we need to examine the ratio decidendi arrived in Marbury v. Madison and determine if these ratio should be applicable to Linda and Jennifer. Broadly speaking, Justice Marshal has concluded 3 ratio in Marbury v. Madison, which are (paraphrasing): 1. Marbury has legal rights to the commission as his appointment to office is non-revocable 2. Where the above mentioned rights is injured, the law affords Marbury remedy in the form of a writ of mandamus 3.
Kristen Irvine 9/22/15 AP Government Ms. Suski Federalism The relationship between the states as outlined by sections one, two, and four of Article four in the Constitution examines how states should interact between each other. The first section of this amendment is the Full Faith and Credit Clause which says that judicial decrees and contracts made in one state will be binding and enforceable in any other state. The second section of Article four states that citizens of one state shall be entitled to the same privileges and immunities in another state. The fourth section of the fourth Article states that the federal government will ensure a republican form of government in all states. These four sections of the Fourth Amendment are all
Looking at the totality of the circumstance, which is the test used when the court focuses on all of the circumstances surrounding a situation rather than any one factor, I do believe that the evidence obtained during the traffic stop and arrest in question would remain valid. I believe because the arresting officer acted on good faith and did not violate subject ’s Fourth Amendment right. The officer performed, what he or she probably believed to be a routine traffic stop at the time, then discovered that the subject had an arrest warrant.
Starkist Co. accused of under filling their five ounce cans of tuna agreed to a settlement arrangement. Although the company denies the charges, all parties reached a settlement claiming they were simply avoiding legal expenses and other perils associated with class-action lawsuits. If you purchased Starkist Tuna between February 19, 2009 and October 31, 2014 you should follow the protocol to claim your part of the settlement. Class members must be residents of the U.S.A. and willing to swear online or on paper under penalty of perjury that they did purchase at least one five ounce can of the tuna products listed in the suit.
What is the exigency? Identify the exigency - the problem - you face at work, which is part of the reason you are writing the proposal. I currently receive a monthly report that includes the number of non-KP members that receive services in the Colorado Region. Prior to Obamacare, between 18-23 percent of the residents in Colorado were uninsured. Currently that percentage is between 8-10 percent, and you would expect the number of un-insured patients that receive treatment at KP would also decrease.
A promise cannot force a gratuitous promise at law. A gratuitous promise is essentially a unilateral transaction going from one party to the other, not an exchange between the parties as consideration must be. In equity, promissory estoppel can be thought of as rather a “substitute” for consideration that sometimes can be used where actual consideration is not present and injustice would otherwise result. 10.
The most comparable case that is corroboration that the Sixth circuit test should control is U.S. v. Taylor. The Defendant’s female roommate consented to a search of the house for firearms while the Defendant was at the house. The officers did not ask the Defendant for his consent when the officers saw a shoe box in the closet covered with mens clothes. David Fallsbauer had a shoe box on a dresser which contained his clothes, as Taylor had his shoe box covered by his clothes. Because in both cases a female consented to a general search, the officers had no reason to believe that the shoe box was the property of either male defendant, Taylor or David Fallsbauer.
An assumption, as defined by the Oxford dictionary, is "a thing that is accepted as true or as certain to happen, without proof". It is human nature to make assumptions, and we do so every day, whether we acknowledge this fact or do not it still continues to be just that, a fact. Wilkie Collins's short story,"Brother Morgan's Story of the Dream Woman", explores just how an assumption can affect those participating in such assumption. Collins uses his characters, conflict, and language to emphasize the theme that assumptions tend to lead to unfortunate ends for both parties involved. Wilkie Collins, also known as William Wilkie Collins, was born 1824 and died 1889.
Unquestioned assumptions often result in misinterpretation
The doctrine of Equity in English law is a mechanism implemented by the legislature to shield the weaker party in contractual relations. Nevertheless, the term good faith is enshrined in other certain types of fiduciary contracts like in Trust law, the Marine Insurance Act of 1906 and the Unfair Contract Terms Act of 1977, employment law. Additionally, In the process of implementing European Directives, UK has introduced good faith principle on Directive in self-employed commercial agents and the Directive on Unfair Terms in Consumer Contracts.
