...INTRODUCTION TO THE LITIGATION PROCESS Mon. Aug. 30: Introduction to federal and state judicial systems CB 1-12, FRCP 1, 28 U.S.C. § 41, 44,132,133, 1331, 1332. What is the basic structure of the federal judiciary? How do federal courts differ from state courts? What are pleadings and what purpose do they serve? Tues. Aug. 31: Overview of the litigation process CB 13-21 FRCP 3, 4 What are the differences between subject matter jurisdiction, personal jurisdiction and venue? How is a lawsuit commenced in federal court? Wed. Sept. 1: Motions and Discovery Practice CB 20-34 FRCP 7(b), 26(b)(1) What is a motion? How does one go about making a motion in federal court? What is discovery and when does it take place? What is the difference between depositions and interrogatories? Thurs. Sept. 2: Motions and Discovery Practice (cont’d) CB 34-46 FRCP 8, 11, 12, 38, 28 U.S.C. §§ 1291, 1292 What is a demurrer? Is it permitted in federal court today? What has replaced it? What is the significance of Rule 11 for pleadings? When are litigants in a federal lawsuit entitled to a trial by jury? What happens if plaintiff wants a jury trial and defendant does not? What if the reverse is true? When can an appeal be taken from a federal court decision? What kinds of issues can be appealed from a state court to the United States Supreme Court? What issues cannot be appealed? Tues. Sept. 7: Rose v. Giamatti CB 47-58...
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...There are similarities and differences between Thomas Paine’s Common Sense and the Federalist and Anti-Federalist controversy. The Federalist and Anti-Federalist controversy explores the views of the Federalists and Anti-Federalists. The Federalists supported the Constitution, and they wanted the Constitution to become law or ratified. Moreover, the Federalists wanted and believed in a strong, central government. The Federalists consisted of Alexander Hamilton, John Jay, and James Madison. On the other side, there were opponents of the Constitution (the Anti-Federalists). The Anti-Federalists thought the Constitution would give the government too much power and control; there was no Bill of Rights to protect the people and their rights from...
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...Handbook is not exhaustive on the areas it touches upon. It is presumed and expected that the reader would go well beyond this Handbook in the course of his/her preparation. The following words of Oscar Wilde express this quite succinctly "Education is an admirable thing, but it is well to remember from time to time that that which is worth knowing cannot be taught." Contents 1. Areas of Law involved 2. Difference between International Law & Municipal Law 3. Difference between International Law Dispute Resolution and Municipal Law Adjudication 4. Steps involved in International Law Moot research 5. Sources of International Law 6. Research resources for various sources of International Law 7. General resources of International Law 8. Preparation of Memorials 9. Preparations of Oral Submissions 10. General Information 1. What are the areas of law involved in International Moot Courts? International moots are based on either of the two areas: i. International Law Broadly defined, it is the body of legal rules, norms, and...
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...more than the systematic recognition that law is always fluid, pluralistic, contested and subject to often contradictory pressures from both inside and outside its jurisdiction; that it reflects an always unstable diversity of traditions, interests, allegiances, and ultimate values and beliefs. If the comparative perspective on law was once a view of the exotic ‘legal other’ or of the ‘external relations’ of one’s own law with the law of other peoples in other lands, now it is a view of transnational legal patterns and of the cultural complexities of law at home. We live in conditions where the law of the nation-state must respond to a great plurality of demands from different population groups within its jurisdiction. At the same time, it must respond to powerful external pressures. Legal thought in national contexts is being fragmented from within in a new ‘jurisprudence of difference’…and globalized from without in demands for transnational harmonization or uniformity. (“Culture, Comparison, Community” by Roger Cotterrell) Kindly react to this statement, supporting your personal views and conclusions with research, analysis, examples and well-reasoned argumentation. I. Introduction 1 The phenomenon of ‘globalisation’, exemplified by the growing interconnectedness between nations, leads to inevitable interactions between legal systems. Roger Cotterell’s statement illuminates the myriad of overlapping concepts in comparative law that facilitates our understanding of these...
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... b. The “American Recovery and Reinvestment Act of 2009”(ARRA), established a tiered civil penalty structure for HIPAA violations 3. List three (3) similarities between GLBA and HIPAA. c. Both require technical safeguards to protect or guarantee the veracity of critical information. d. GLBA protects personal financial information of an organization's customers. And HIPAA protects and guarantees the privacy of an individual's Personal Health Information (PHI). e. Both have a requirement for specific IT controls. 4. List five (5) examples of privacy data elements for GLBA as defined in the privacy rule. f. Name, Address, City State Zip, Account Number, and Social Security Number are five examples of privacy data elements for GLBA as defined in the privacy rule. 5. List five (5) examples of privacy data elements for HIPAA as defined in the privacy rule. g. Name, Address, City State Zip, Ailments/Conditions, and Social Security Number are five examples of privacy data elements for GLBA as defined in the privacy rule. 6. List three (3) differences between GLBA and HIPAA. h. One difference between GLBA and HIPAA are that GLBA is primarily for financial institutions, and HIPAA is primarily for all types of healthcare services. i. A second difference is that GLBA is sponsored and pushed by the Department of Human Resources, and...
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...Different countries have different output despite whether the accountant follow a set of rules. This is because, even though accountant follows a set of rules, there are still possibilities that the set of rules does not covers every aspects in detail. This had led to room for professional judgements. It will be based on accountant’s judgement. The differences is not only between countries but it could differ within the country as well especially for Multinational enterprises (MNEs) it could be complicated as it involved different countries. MNEs can be defined as companies who offer products or services internationally. For instance, company XYZ’s headquarter is in Malaysia while its branch is in China. The existence of MNEs can be explained by Dunning’s eclectic paradigm. Firstly because the companies can gain access to assets that will gives them competitive advantages over local firms. Secondly due to the extent to which relative transaction cost make it appropriate for the companies to use such advantages themselves instead of to license or franchise to other firm and lastly, the existence of MNEs because of relevant cost and the government policies that encourage companies to perform production in other countries. MNEs can be classified into three groups: resource-seeking, market-seeking and efficiency-seeking. Resource-seeking is the search of resources in other country. While companies with market-seeking, they tend to establish subsidiaries. Those subsidiaries play...
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...assume the only difference between Nazi law and, say, English Law is that the Nazis used their laws to achieve ends that are odious to an Englishman.” Though Hart and Fuller completely agreed about the odiousness of the ends that the Nazis pursued and the disgusting means through which they pursued them: racial discrimination, war crimes, genocide and torture. However, Fuller thought that there were important aspects of misrule by the Nazis that needed special attention by jurists and legal philosophers. He said that continuous violations of principles of legality...
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...Jennifer Sanchez MOD 160 Night Class M.B&C Chapter 2: Compliance, Privacy, Fraud, and Abuse in Insurance Billing 1. Define compliance. 2. Name the two provisions of the Health Insurance Portability and Accountability Act (HIPAA) that relate most to health care. 3. Explain the difference between Titles I insurance Reform and Title II Administrative Simplification. 4. Describe the Privacy Rule under HIPAA. 5. Define protected health information (PHI). 6. Identify the difference between disclosure and use of PHI. 7. Illustrate the difference between privileged and nonprivileged information. 8. Explain patient rights under HIPAA. 9. Explain responsibilities of the health care organization to protect patient rights under HIPAA. 10. State the guidelines for HIPAA privacy compliance. 11. List the three major categories of security safeguards under HIPAA. 12. Define the provisions of the HITECH Act. 13. List the civil and criminal penalties of noncompliance with HIPAA regulations. 14. Identify the difference between fraud and abuse. 15. Identify the Federal and State laws that regulate health care fraud and abuse. 16. List the various fraud and abuse audit programs 17. Describer the basic components of an effective compliance program. Compliance Defined * All regulations, recommendations, and expectations of regulating agencies must be met to be in compliance. * The professional elements...
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...Constitutions The main difference between codified constitutions and uncodified constitutions is that the codified constitution is entrenched and written down in a single document. For examp+le, The American Constitution is codified and is very easy to find. In fact most households in America will have a published version of their constitution. The uncodified constitution is not written down in a single document (although some laws, rules, etc. may be written down in different places). Britain is an illustration of a country with an uncodified constitution, this is due to a rule termed ‘Parliamentary Sovereignty’ which states that no parliament can bind a future parliament. Another dissimilarity is that a codified constitution has the status of a fundamental law. This means it is used to set up the basic categories of rights and responsibilities both for citizens and for the government. Instead of a normal court and jury, only the Supreme Court can decide whether or not its provisions have been breached. For instance, in Japan, the Fundamental Law of Education was created in 1947 as an agreement for the education system for the country. For states with a codified constitution, laws, rules and principles do not have a grading system; they are all in level with each other. The only difference between the laws are obviously the punishments that become enforced if that law is broken. An uncodified constitution means that laws can be amended more easily than a law from a codified constitution...
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...COMPARATIVE LAW 2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 ...
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...different their underlying base of the understanding of the religion can be. There are many differences between Jewish sects and this is mainly due to changing times since the Torahs revelation and the differences in how people interpret the Torah and religious texts. Although these sects are different in many ways their base and understanding of the religion is the same, a person should live lives in harmony with God in their everyday life. Orthodox Jews believe that the Torah is the exact words of God and thus the Torah should never be changed. They believe in this so strongly that they only understand and act upon the words of God they don't interpret it, because interpreting is changing the words of God. Reform Jews believe that the Torah is a God inspired religious book. Its God inspired so that it can help Jews, Israelites and Hebrews better understand God and create a better relationship with their creator. Reform Jews believe that the Torah is a book of the past and that modification to some certain sections of the book is allowed. Its even permissible to disregard certain parts because it doesn't apply to the modern times. Reform Judaism is a constantly evolving and looks for a development in the religion so that Jews can evolve to better understand how to apply their religion to this specific time period. The halakhah law in Judaism is a set of 613 important Jewish rules and practices that affects every part of a Jewish persons life. The halakhah comes from...
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...Law Review #3 Dr. Chris Hamilton 1. What is the “Mirror Image Rule?” At common law, what is the result of breaking it? How does this relate to “Revocations?” How does the UCC change the rule? 2. What is the difference between “Bilateral” and “Unilateral” contracts? Give an example of each. 3. Unilateral contract offers: When can you not revoke your offer, even though it has not yet been accepted? 4. Explain what “Firm Offers” are, and how they work. What kind of consideration is necessary? 5. Define what “option contracts” are, and how they work 6. Define, and show the differences between “Impossibility” and “Economic Frustration” (Commercial Impracticability) 7. Define “consideration.” What four things might be consideration? 8. What is “Good Consideration?” Give an example. Is it always necessary to have it in contracts? 9. A minor’s contract is generally voidable, except where the contract is for “_______.” Give an example. 10. Explain what an “Illusory” promise is. What are the two reasons why they will fail? 11. What is “privity” of contract? Explain how the following four work: 3rd Party Beneficiary Contracts, Assignments, Delegations, Novations 12. Define the following: Express contracts, implied contracts by the facts, implied contracts by the law (e.g., “Quasi” Contracts) 13. Define, and show the difference between the following contracts: Valid, void, voidable, and unenforceable 14. When is an insane person’s contract...
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...The Legal Environment of Business Uniform Commercial Code Articles 1 and 2 Outline I. Introduction A. Historical Background and Philosophy The law of sales originated in the customs and traditions of merchants and traders. The Lex Mercatoria (Law Merchant) was a system of rules, customs, and usages self-imposed by merchants to settle disputes and enforce obligations among themselves. (See also Maritime Law and the Courts of Pied Poudre). The rules were established at fairs, at which merchants met to exchange goods and settle differences through courts established and operated by merchants. By the end of the seventeenth century, the principles of the Law Merchant had become widely accepted. Eventually, they became part of the common law, and judges refined them into the modern law of sales. In the United States, sales law varied from state to state, and this made multistate sales contracts difficult. In the late nineteenth century, when multistate contracts became the norm, the difficulties became especially troublesome, and attempts were made to produce a uniform body of law relating to commercial transactions. In the 1940s the need to integrate the laws covering commercial transactions into a single, comprehensive body of statutory law was recognized. The UCC was developed to serve that purpose. B. Structure (Articles) and Road Map C. Minnesota Application, MSA Chapter 336 D. Scope and Applicability of Article 2 Article 2 applies to transactions in...
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...Concept of law: It was proposed by Prof. H L A Hart. The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism (the view that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality) within the framework of analytic philosophy. In this work, Hart sets out to write an essay of descriptive sociology and analytical jurisprudence. The Concept of Law provides an explanation to a number of traditional jurisprudential questions such as "what is law?", "must laws be rules?", and "what is the relation between law and morality?". Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".[1] As a result Hart's book has remained "one of the most influential works in modern legal philosophy",[2] and is also considered a "founding text of analytical legal philosophy",[3] as well as "the most successful work of analytical jurisprudence ever to appear in the common law world The starting point for the discussion is Hart's dissatisfaction with John Austin's "Command Theory": a jurisprudential concept that holds that law is command backed by threat and is meant to be ubiquitous in its application. Hart likens Austin's theory to the role of a gunman in...
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...Essay Teresa Galindo ETH/316 January 11, 2016 Matt Barrett Ethics Essay Ethical theories are sets of rules that are meant to serve as a foundation to help people find solutions when they encounter ethically-challenging situations in life. These rules are guidelines for how humans should behave when relating to one another (Panza, 2010). This essay will compare the similarities and differences between virtue theory, utilitarianism, and deontological ethics. A situational example will be added to demonstrate how the utilitarian theory relates to virtue, values and morals. Ethical Theories - Similarities The virtue theory centers around the idea that all ethical choices are based on an individual’s morals and beliefs. The results of the decisions made by that individual are solely based on what he/she considers morally correct even if in some instances laws might be broken. The utilitarian theory is based on the idea decisions must be made to ensure the results benefit the “greater-good” not just for one person’s self-interest. The outcome should decrease suffering and increase happiness of the world. The virtue and utilitarian theories are similar in that their purpose is to reduce suffering regardless of pre-imposed laws. Deontological theory revolves around making decisions based purely on obeying pre-set rules and laws. Obeying the pre-conceived rules and laws is the correct thing to do even if the outcome could increase suffering (Manias, Monroe, & Till, 2013)...
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