which is denied. Cecilio files answer with counterclaim challenging the validity of his marriage with Luisa. Cecilio files 2nd motion to dismiss on the ground of lack cause of action because it failed to allege that it complied with a condition precedent. Cecilio loses all the way up to CA. SC says that Cecilio’s contention is the general rule. However‚ the complaint is for future support and his counterclaim challenged their marriage‚ both of which fall under the exceptions to the rule for needing
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search warrant that turned out to not be valid would be included under the good-faith exception‚ and that the evidence could be used in court. Another Supreme Court case‚ Davis v. US‚ ruled that searches conducted while relying on binding appellate precedent would not be included or protected under the Exclusionary Rule‚ and that evidence collected while relying on an invalid statute would also be admissible. The ruling of
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Analytic AICPA: BB-Legal 8. Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights. ANSWER: F PAGES: Section 3 TYPE: = BUSPROG: Analytic AICPA: BB-Legal 9. Courts are not obligated to follow precedents. ANSWER: F PAGES: Section 3 TYPE: N BUSPROG: Reflective AICPA: BB-Critical Thinking 10. In most legal controversies‚ there is one single correct result. ANSWER: F PAGES: Section 3 TYPE: N BUSPROG: Analytic AICPA: BB-Critical Thinking
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JURORS: Early jurors in England acted as witnesses providing sources of information on local affairs. But they gradually came to be used as adjudicators in both civil and criminal disputes. Gradually it became accepted that a juror should know as little as possible about the facts of a case before its trial. This is still the position today. The juror is a very important body of highly capable and well-trusted individuals that decide the facts a particular case and assists the judge in deliberating
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their decisions to reflect the organization’s performance evaluation and reward system‚ to comply with the organization’s formal regulations‚ and to meet organizationally imposed time constraints. Previous organizational decisions also act as precedents to constrain current decision. Performance Evaluation Managers are strongly influenced in their decision making by the criteria on which they are evaluated. If a division manager believes that the manufacturing plants under his responsibility
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legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata‚ ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties‚ there is a definite issue and the court has
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Henderson v. United States of America: The Weight of and Wait for Rehabilitation Robert C. Edgar Palm Beach State College Professor Maclachlan‚ Ph.D. POS 1041‚ 161889 Henderson v. United States of America: The Weight of and Wait for Rehabilitation Armarcion D. Henderson was a felon…a felon with a problem of substance abuse. On June 2‚ 2010‚ having being found guilty on charges of being a felon in possession of a firearm‚ the District Court for the Western District of Louisiana gave
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In different country‚ there are different types of legal system. [2] Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. [3] Malaysia practices the mixed legal system which consists of the Customary Law‚ Islamic Law and Common Law. [4] The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law. 5In Malaysian Legal System‚ the most important
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"What does substantial performance mean in the context of discharge or termination of contractual obligations on the basis of performance? A contract may be terminated by discharged of performance once both contracting parties have completely fulfilled their contractual obligations. A general rule of discharge by performance requires the complete and exact performance of the contractual obligations.1 Once performance has been completed it is required that payment be made. However‚ if a contracting
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The course will examine the roots of Hip Hop culture‚ both musical and cultural and trace its emergence as an urban- based sub culture. We will learn that there are many precedents‚ both European and African‚ for the characteristics that are associated with Hip Hop culture‚ its music‚ dances and rhymes. Some of these precedents became important influences‚ while others did not. The course will show how the history of Hip Hop in many ways parallels the histories of other African American styles of
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