Unit 4 assignment Jody A. Gibson PA 201-02 Introduction to Legal Research Professor Cynthia Middleton May 11‚ 2013 To: C. Middleton Re: Samantha Smith Facts: While shopping at a local grocery store a few months ago‚ Samantha Smith fell‚ having slipped on shampoo
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September 4‚ 2006 Legal Research and Writing Annamaria Maciocia‚ Esq. Citation: The People of the State of New York v. Howard Sohn‚ 43 A.D. 2d 716‚ 350 N.Y.S 2d 198 (1973) Procedural History: This is an appeal by the defendant from a judgment of the Supreme Court‚ Queens County‚ rendered February 14‚ 1973‚ convicting him of assault in the second degree‚ after a nonjury trial‚ and sentencing him to probation for five years. Facts: The complainant pleaded guilty to
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Seminar Prep 2 What is defamation? Refers too‚ injuring the reputation of another by exposing him to hatred contempt or ridicule which lowers him in the esteem right thinking of members in the society. Defendant need not ascertained beforehand the likely effect of his words as long as his actions were done voluntarily. What is relevant is that the words were understood by others in a defamatory sense. Liable – usually written. Consists of a defamatory statement or representation in permanent form
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proportioned to the loss resulting from such death to the parties respectively‚ for whom and for whose benefit such action shall be brought; and the amount so recovered‚ after deducting all costs and expenses‚ including the costs so recovered from the defendant‚ shall be divided amongst the before mentioned parties‚ or any of them‚ in such shares as the Court by its judgment or decree shall direct." UNDER DE PRINCIPLE OF NO FAULT LIABILITY THE OWNER OF DE VEHICLE IS LIABLE TO PAY COMP?$ 4 DEATH EVEN WEN
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urgency and pass orders thereupon forthwith. In case the Respondent No.1 accepts the grounds of urgency taken in the expedite application then he should ensure that any defendant who has put in appearance in the suit should be heard also on the application paper No.7-C. However‚ if the trial court is of the opinion that the unserved defendants are necessarily to be heard then in that event the application of the petitioner if any for service of notice in accordance with the procedure prescribed may be considered
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comparable decisions are reserved to the client except when the client has validly authorized the lawyer to make the particular decision: whether and on what terms to settle a claim; how a criminal defendant should plead; whether a criminal defendant should waive jury trial; whether a criminal defendant should testify; and whether to appeal in a civil proceeding or criminal prosecution. (2) A client may not validly authorize a lawyer
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Introduction In an attempt to deal with the high level of personal injury litigation in the Irish courts and tackle the high cost of insurance the government introduced The Personal Injuries Assessment Board Act in 2003. 2 The act came into effect in June 2004 and established the Personal Injuries Assessment Board (PIAB). PIAB is primarily governed under the Personal Injuries Assessment Board Act 2003 (amended 2007) the Civil Liability and Courts Act 2004 and more recently The Civil Law (Miscellaneous
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The case of Bradshaw v. Rawlings concerns events that occurred on April 13‚ 1975. The plaintiff‚ Donald Bradshaw‚ was seriously injured in an automobile accident. During this time‚ he was enrolled as a sophomore at Delaware Valley College and had been attending his class picnic. At the end of the picnic‚ he left as a passenger in Bruce Rawlings vehicle. Shortly after departure‚ Rawlings crashed his vehicle into a parked vehicle. Due to this collision‚ Bradshaw suffered serious injuries including
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The harm that was suffered by the plaintiffs “could have been reduced or avoided by the adoption of a reasonable‚” in that if the gust lock had been as Gulfstream asserted and prevented the throttles of the airplane from being advanced from beyond a low setting‚ the airplane would not have reached the speed that it did and the harm that the plaintiffs suffered could have been avoided. In this case‚ the gust lock mechanism allowed the pilots involved in the crash to advance the speed of the airplane
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Duress is an element of force either physical or economic‚ which is used to override on parties freedom to choose to enter into a contract. Under such circumstances the contract is voidable at the instance of the innocent party. Its application used to be restricted to contracts entered into as a consequence of a threat. Originally it was held that the threats to person’s goods could not amount to duress‚ but a doctrine of economic duress has now been developed by the courts. The effect of the
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