Forfeiting Defense Attorneys Fees: Applying an
... Yet it commands that no person can be tried for a felony, 3 or imprisoned for a petty offense, 4 unless he is represented by an attorney defending his interests. 5 Concomitantly, it requires that defense counsel satisfy performance standards not imposed by the Constitution on other lawyers. 6 This c ...
... Yet it commands that no person can be tried for a felony, 3 or imprisoned for a petty offense, 4 unless he is represented by an attorney defending his interests. 5 Concomitantly, it requires that defense counsel satisfy performance standards not imposed by the Constitution on other lawyers. 6 This c ...
Petition
... This sort of adjudication-byaggregate-extrapolation violates due process. The New Hampshire Supreme Court’s ruling to the contrary is in conflict with the California Supreme Court’s decision in Duran v. U.S. Bank National Ass’n, 325 P.3d 916 (Cal. 2014), is in serious tension with Dukes, and raises ...
... This sort of adjudication-byaggregate-extrapolation violates due process. The New Hampshire Supreme Court’s ruling to the contrary is in conflict with the California Supreme Court’s decision in Duran v. U.S. Bank National Ass’n, 325 P.3d 916 (Cal. 2014), is in serious tension with Dukes, and raises ...
torts - NYU School of Law
... in sudden, violent storm. D’s servant untied it, it hit shore, & vessel & P’s fam hurt. b. Held: P has priv of necessity (self-defense) to save vessel & peeps, & that trumps D’s protection of his property. (Interests bein risked must be greater than those violated.) 2. Vincent v Lake Erie –damage mu ...
... in sudden, violent storm. D’s servant untied it, it hit shore, & vessel & P’s fam hurt. b. Held: P has priv of necessity (self-defense) to save vessel & peeps, & that trumps D’s protection of his property. (Interests bein risked must be greater than those violated.) 2. Vincent v Lake Erie –damage mu ...
Tort Suits Filed by Rape and Sexual Assault Victims
... As judged by state appellate court decisions, the number of civil cases being litigated by sexual assault victims has increased dramatically, perhaps exponentially, in the last thirty years. To attach some numbers to these observations, in the five years from January 1, 2000 to December 31, 2004, st ...
... As judged by state appellate court decisions, the number of civil cases being litigated by sexual assault victims has increased dramatically, perhaps exponentially, in the last thirty years. To attach some numbers to these observations, in the five years from January 1, 2000 to December 31, 2004, st ...
Criminal Law Outline - Free Law School Outlines Professor Subject
... returned and she died. No duty to act if there is merely a moral obligation, there MUST BE A LEGAL DUTY TO ACT People v. Oliver –guilty Defendant took some one who was extremely drunk into her home. She finds him unconscious after doing heroin and placed him in a shed where he later died. When one t ...
... returned and she died. No duty to act if there is merely a moral obligation, there MUST BE A LEGAL DUTY TO ACT People v. Oliver –guilty Defendant took some one who was extremely drunk into her home. She finds him unconscious after doing heroin and placed him in a shed where he later died. When one t ...
WEEK 2 INTENTIONAL TORTS TO THE PERSON
... – Bond v Kelly: D became trespasser when he cut more timber from P’s land than permitted amount. – However see: Healing (Sales) v Inglic Electrix: D went to P’s house to take some of their property, but also took P’s. Held: Barwick CJ and Menzies J -D was not liable as part of purpose was lawful. Ki ...
... – Bond v Kelly: D became trespasser when he cut more timber from P’s land than permitted amount. – However see: Healing (Sales) v Inglic Electrix: D went to P’s house to take some of their property, but also took P’s. Held: Barwick CJ and Menzies J -D was not liable as part of purpose was lawful. Ki ...
Will More Aggressive Marketing Practices Lead to
... Sales representatives also visited doctors' offices on a regular basis and provided them with brochures and product samples.2 The tort liability regime of that era reflected the fact that prescription drugs were different from ordinary consumer goods. Thus, while section 402A of the Restatement (Sec ...
... Sales representatives also visited doctors' offices on a regular basis and provided them with brochures and product samples.2 The tort liability regime of that era reflected the fact that prescription drugs were different from ordinary consumer goods. Thus, while section 402A of the Restatement (Sec ...
Making the Most of a Half-Day Employment Mediation
... conversation can help the mediator determine in advance the approach best suited to resolving that particular employment case within the specified time frame. The duration of the call will likely depend on the amount of detail provided in the pre-mediation brief. Taken together, a good brief and can ...
... conversation can help the mediator determine in advance the approach best suited to resolving that particular employment case within the specified time frame. The duration of the call will likely depend on the amount of detail provided in the pre-mediation brief. Taken together, a good brief and can ...
26 January 2009
... v. Winnebago 1989 SCOTUS: 14th due process no claim when social service failed to protect small child they knew were being beaten and who was permanently disabled after they returned him to his father. Clause confers “no affirmative right to government aid,” even when necessary to secure protected l ...
... v. Winnebago 1989 SCOTUS: 14th due process no claim when social service failed to protect small child they knew were being beaten and who was permanently disabled after they returned him to his father. Clause confers “no affirmative right to government aid,” even when necessary to secure protected l ...
Civil Procedure
... A. Purpose: to provide a safe harbor where plaintiff can always sue the defendant B. Requirements: must be substantial contacts, suit need not be related with in state activities. 1. For an individual – state of domicile is where you are held liable 2. For corporation – state of incorporation and pr ...
... A. Purpose: to provide a safe harbor where plaintiff can always sue the defendant B. Requirements: must be substantial contacts, suit need not be related with in state activities. 1. For an individual – state of domicile is where you are held liable 2. For corporation – state of incorporation and pr ...
court urged to prevent states from second
... for marketing based on fraud, the district court dismissed the lawsuits, finding that Michigan's fraud-on-the-FDA exception was preempted by federal law. It based its ruling on a recent Supreme Court decision, Buckman v. Plaintiffs Legal Comm., which held that lawsuits are preempted by federal law ...
... for marketing based on fraud, the district court dismissed the lawsuits, finding that Michigan's fraud-on-the-FDA exception was preempted by federal law. It based its ruling on a recent Supreme Court decision, Buckman v. Plaintiffs Legal Comm., which held that lawsuits are preempted by federal law ...
Jacobs - NYU School of Law
... *why did MPC make this choice? Very surprising given its highly focused concern about subjective culpability with respect to each harm b)result is same kind of harm that was designed and is not too remote or accidental in its occurrence to have a just bearing on the actor’s liability or on the gravi ...
... *why did MPC make this choice? Very surprising given its highly focused concern about subjective culpability with respect to each harm b)result is same kind of harm that was designed and is not too remote or accidental in its occurrence to have a just bearing on the actor’s liability or on the gravi ...
Collins - NYU School of Law
... P to have leading role in musical. Instead offered drama western. P declines only have to mitigate when you can do something similar. Doesn’t include different and inferior jobs. Same field and same level of work for personal service cases. Dissent says both acting jobs and shouldn’t be summ ...
... P to have leading role in musical. Instead offered drama western. P declines only have to mitigate when you can do something similar. Doesn’t include different and inferior jobs. Same field and same level of work for personal service cases. Dissent says both acting jobs and shouldn’t be summ ...
Remedies Outline
... iv. Offset the Benefit Rule1. general rule: allows damages to be offset by the benefits that accrued from the same action 2. have to measure actual damage. When P has not actually been damaged, if there are no actual damages, then no recovery. EXAM TIP: 1. If P, Collateral Source Rule is good (but m ...
... iv. Offset the Benefit Rule1. general rule: allows damages to be offset by the benefits that accrued from the same action 2. have to measure actual damage. When P has not actually been damaged, if there are no actual damages, then no recovery. EXAM TIP: 1. If P, Collateral Source Rule is good (but m ...
View - American University Washington College of Law
... spotted cysts which could have been dangerous and which would have burst anyway in the course of removal of the appendix. The surgeon therefore burst the cysts himself. RULE OF LAW: “Where an internal operation is indicated, a surgeon may lawfully perform, and it is his duty to perform, such operati ...
... spotted cysts which could have been dangerous and which would have burst anyway in the course of removal of the appendix. The surgeon therefore burst the cysts himself. RULE OF LAW: “Where an internal operation is indicated, a surgeon may lawfully perform, and it is his duty to perform, such operati ...
Introduction - NYU School of Law
... i. B – The costs of taking the precaution (could be pecuniary or non-) 1. E.g. How much it would cost to buy the extra light bulb to prevent someone stumbling in the dark ii. P: The probability of accident occurring with the precaution iii. L: The loss if the accident occurs (i.e. the gravity of the ...
... i. B – The costs of taking the precaution (could be pecuniary or non-) 1. E.g. How much it would cost to buy the extra light bulb to prevent someone stumbling in the dark ii. P: The probability of accident occurring with the precaution iii. L: The loss if the accident occurs (i.e. the gravity of the ...
Torts Law: Blurred Elements - Mitchell Hamline Open Access
... Domagala exception is rife with highly subjective threshold issues. Under Domagala, the element of duty only exists when the injury in question is both (1) foreseeable, and (2) a direct result of an ...
... Domagala exception is rife with highly subjective threshold issues. Under Domagala, the element of duty only exists when the injury in question is both (1) foreseeable, and (2) a direct result of an ...
Pharmacists` Standard of Care in Negligence Law
... "formulary" lists from which doctors can prescribe drugs for their patients.3 Thus, pharmacists play a vital role in determining the success or failure of drugs.32 In the early 1990s, Congress demonstrated its recognition of pharmacists' impact on the quality of patient care by enacting legislation ...
... "formulary" lists from which doctors can prescribe drugs for their patients.3 Thus, pharmacists play a vital role in determining the success or failure of drugs.32 In the early 1990s, Congress demonstrated its recognition of pharmacists' impact on the quality of patient care by enacting legislation ...
Writing_sample_01
... constitute defendant's liability for plaintiff's injuries. The Local Governmental Employees Tort Immunity Act 745 ILCS 10/3-102(a) provides: " A local public entity has the duty to exercise ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at ...
... constitute defendant's liability for plaintiff's injuries. The Local Governmental Employees Tort Immunity Act 745 ILCS 10/3-102(a) provides: " A local public entity has the duty to exercise ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at ...
The Communities That Make Standards of Care Possible
... winners to losers that the system creates.) Even though the application of King's axioms spreads sorrow through the citizenry, these principles continue to operate. Successful players in a political system, of which the American common-law negligence system is one, do not maintain their thriving pos ...
... winners to losers that the system creates.) Even though the application of King's axioms spreads sorrow through the citizenry, these principles continue to operate. Successful players in a political system, of which the American common-law negligence system is one, do not maintain their thriving pos ...
January 16, 2007
... • The plaintiff, Butterfield, was thrown from his horse when it hit a pole that Forrester had temporarily laid cross the highway. The "contributory negligence" of Butterfield was riding his horse too fast, preventing him from seeing Forrester's obstruction soon enough to avoid it. Notwithstanding th ...
... • The plaintiff, Butterfield, was thrown from his horse when it hit a pole that Forrester had temporarily laid cross the highway. The "contributory negligence" of Butterfield was riding his horse too fast, preventing him from seeing Forrester's obstruction soon enough to avoid it. Notwithstanding th ...
Torts
... - Sundance pays, organises, supplies drink, has knowledge of drunk, does nothing - Set up this inherently dangerous activity in order to promote its resort and they provided liquor. - Fact that Crocker was irresponsible and voluntarily intoxicated was the very reason why Sundance was legally obliged ...
... - Sundance pays, organises, supplies drink, has knowledge of drunk, does nothing - Set up this inherently dangerous activity in order to promote its resort and they provided liquor. - Fact that Crocker was irresponsible and voluntarily intoxicated was the very reason why Sundance was legally obliged ...
LAW - Mr. Carley`s Social Studies Bonanza
... The American Nazi Party planned a demonstration in the town of Skokie, Illinois. A large number of Skokie’s residents were Jewish and many were survivors of Nazi concentration camp[s during World War II. Many had lost relatives in the gas chambers. Because of this, many residents strongly opposed th ...
... The American Nazi Party planned a demonstration in the town of Skokie, Illinois. A large number of Skokie’s residents were Jewish and many were survivors of Nazi concentration camp[s during World War II. Many had lost relatives in the gas chambers. Because of this, many residents strongly opposed th ...
Sheila Boston - American Bar Association
... York Governor Andrew Cuomo appointed Sheila to serve a three year term on New York’s First Department Judicial Screening Committee. Sheila is valued by her clients for her advocacy skills, dependability, and collaborative spirit. She has successfully litigated before both state and federal courts, w ...
... York Governor Andrew Cuomo appointed Sheila to serve a three year term on New York’s First Department Judicial Screening Committee. Sheila is valued by her clients for her advocacy skills, dependability, and collaborative spirit. She has successfully litigated before both state and federal courts, w ...
Breadth of the Tort Perspective: Judicial Review for Tortious
... ernmental wrongdoings which violate the constitutional rights of the plaintiff. The other group, reliant on the first but worthy of separate classificaStion, may be termed "statutory torts," of which 42 U.S.C. § 1983 is.a prime example. 2 0 While redress under these two classifications is often 'not ...
... ernmental wrongdoings which violate the constitutional rights of the plaintiff. The other group, reliant on the first but worthy of separate classificaStion, may be termed "statutory torts," of which 42 U.S.C. § 1983 is.a prime example. 2 0 While redress under these two classifications is often 'not ...