...BAR EXAMS QUESTIONS AND ANSWERS 2001 GEN TOPIC: RECEIVERSHIP SPECIFIC: REMEDIES Joaquin filed a complaint against Jose for the foreclosure of a mortgage of a furniture factory with a large number of machinery and equipment. During the pendency of the foreclosure suit, Joaquin learned from reliable sources that Jose was quietly and gradually disposing of some of his machinery and equipment to a businessman friend who was also engaged in furniture manufacturing such that from confirmed reports Joaquin gathered, the machinery and equipment left with Jose were no longer sufficient to answer for the latter’s mortgage indebtedness. In the meantime judgment was rendered by the court in favor of Joaquin but the same is not yet final. Knowing what Jose has been doing. If you were Joaquin’s lawyer, what action would you take to preserve whatever remaining machinery and equipment are left with Jose? Why? (5%) SUGGESTED ANSWER: To preserve whatever remaining machinery and equipment are left with Jose, Joaquin’s lawyer should file a verified application for the appointment by the court of one or more receivers. The Rules provide that receivership is proper in an action by the mortgagee for the foreclosure of a mortgage when it appears that the property is in danger of being wasted or dissipated or materially injured and that its value is probably insufficient to discharge the mortgage debt. (Sec. 1 of Rule 59). 2001 GEN TOPIC: WRIT May a writ of preliminary attachment be issued ex-parte...
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...PUB 195 NC (7-10) FACT SHEET Identification and Legal Presence Requirements for Non-United States Citizens As part of a nationwide effort to enhance the issuance of secure identification credentials, Pennsylvania requires the following documentation from Non-U.S. Citizens applying for a PA Driver’s License, Learner’s Permit and/or Identification (ID) Card, or transferring an out-of-state driver’s license. A minimum of one year legal presence is required by Pennsylvania law. PennDOT determines the expiration date of products based on your length of stay documents (typically the I-94) along with information from the Department of Homeland Security (DHS). PennDOT verifies immigration documents electronically with DHS. This verification may not be able to be completed on the day of your visit and may require additional verification which can take up to 3 weeks to complete. Please take this time into account when planning to get a product. Age Requirements for Non-U.S. Citizens Individuals must be at least 16 years of age to apply for or, 16 1/2 years of age to transfer a Non-Commercial Driver’s License and/or Non-Commercial Learner’s Permit. Out-of-State Learner’s Permits can not be transferred to Pennsylvania. Individuals applying for or transferring a Commercial Driver’s License must be at least 18 years of age for intrastate driving or 21 years of age or older for interstate driving. Individuals must be at least 10 years of age to apply for a Photo Identification (ID) Card...
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...or verdict of the case. In any appeal case both the prosecutor and defense has the right to appeal a case. In any case there must be sufficient evidence and legal grounds for defendants to appeal any conviction. A person who has be acquitted of a crime can not have an appeal filed against them, although the prosecutors can be filed for different charges filed against the accused. A person can not be charged with the same charge twice this will be considered double jeopardy. For example the George Zimmerman trial, George Zimmerman was acquitted on all criminal charges filed against him, but since there was such public outraged over the verdict the government tried to charge Zimmerman with other charges. The appeal process is part of the checks and balances system, which ultimately determine how they are factored into the criminal procedures and process. This system would be defined to allow are parties their legal rights, when it comes to due process in the first stages of the legal system process. Appeals can be considered ways of pursuing goals in specific cases, that can ultimately lead to law being changed based on decisions placed by the court. There are many ways to improve the appeal process by simply basing the case off of purely facts and not solely on the law. There have been many instances where facts and evidence have been presented in cases in which guilt was not shown or proven. In order for an appeal to be approved there must be many factors that shows...
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...20. People v. Relova Facts: 5 Feb 1, 1975 - Police searched the ice plant owned by Opulencia; they discovered electric wiring, devices and contraptions had been installed without necessary authority from city govt 6 Nov 24, 1975 - Asst. City Fixcal filed info against Opulencia for violation of a city ordinance which prohibits unauthorized wiring installations. 7 Opulencia pleaded not guilty and filed motion to dismiss on the ground that the crime had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act...
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... Describe, in general, the life of a lawsuit from beginning to end (what pleadings get filed, what is trial like, in general, etc.). Also, please describe the structure of the federal and state judicial branches (what courts are out there). Go on a brief tangent about alternative dispute resolution, and explain the process of mediation and how it differs from arbitration. Although there are different types of cases and each type has a different complexity level, most American courts follow a general procedure. . The person or group that initiates the lawsuit is called a plaintiff and the one being sued is the defendant. Except in criminal cases where the state files the complaint on behalf of the public. In this case the state is referred to as the prosecution but the accused is still referred to as the defendant. In equity cases the accuser is called the petitioner and the accused is the respondent. For the purpose of this explanation we will refer to the person or group that initiates the lawsuit as the plaintiff and the person or group that is being sued as the defendant. Once the plaintiff chooses to file suit, there are papers required in order to bring the situation before a court. These papers are called pleadings. The first of these papers will be the complaint itself. These papers are also referred to as a declaration, petition or bill of complaint. It must be filed with the court that has the proper jurisdiction and venue over the case It provides the court...
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...History of the flight: On 4 January 2009 at 1409 Central Standard Time, a Sikorsky S-76C Helicopter that was registered to and operated by Petroleum Helicopters, Inc, (PHI), used as an air taxi using visual flight rules, crashed into a marshy area about seven minutes after take-off and 12 miles southwest of Lake Palourde Base Heliport in Amelia Louisiana killing eight of the nine onboard (Gamble, 2010). The helicopter was en route to the South Timbalier oil platform to transport workers from two separate oil exploration companies. There was no flight plan filed with the Federal Aviation Administration nor was one required. There was a flight plan filed with the company’s communication center so weather updates and flight following information could be relayed to the flight crew. According to PHI representatives the flight was tracked using a satellite based fleet-tracking system used by the PHI communication center. The tracking began with the helicopter take-off from Lake Palourde Base Heliport at 1402 and suddenly ended at 1409. There were no reports of any problems from the flight crew on the PHI radio frequencies or emergency channels that are monitored by air traffic control. Aircraft Information: The helicopter was a 2-year old, 14-seat, twin-engine aircraft equipped with advanced navigation equipment and a combination cockpit voice recorder and flight recorder, enhanced ground proximity warning system, solid state quick access recorder and a...
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...ARVINDBHAI VALJIBHAI BHANUSHALI NOTES ON STATEMENT OF TOTAL INCOME ASST.YEAR : 2009-10 1. The Assesse has filed her original return electronically on 28/10/2009 vide E-filing Acknowledgement Number-99913080281009. And also has filed Physical original Income-tax return u/s.139(1) of the I.T.Act, 1961 on 28/10/2009 with the office of Income Tax Officer ward-3,Kheda range,Nadiad vide R No. 495. This Income-tax Return is filed in response to notice dated 07/10/2010 issued by A.C.IT C.C.1(4) Ahmedabad u/s.153A of the I.T.Act, 1961 2. All supporting evidences filed with the original return of income are required to be considered as part and parcel of this Income-tax Return. 3. The search proceedings u/s.132 of the I.T. Act 1961 was carried out by the Income-tax Department on 04/03/2010 at the residential premises of the assessee. at 11C,Punit Park Society, opp. New Court, Mehmadavad . Proceedings u/s.132 of the Act was also carried out at the locker No.183 of State Bank Of India, at Mahemdavad . During the course of search following assets were found and seized. Particulars Found Seized Annexure Amount Annexure Amount Gold Ornaments and Jewellery JF 24,80,615 -- Nil Cash ...
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...APPEALS UNDER SECTION 96 (15IP61006) An appeal is defined as an application or petition to higher Court for consideration of the decision of the lower court. An appeal is a continuation of a suit. It is virtually, rehearing a matter. It is an appeal proceeding for review to be carried out by higher authority of decision given by lower one.1 An appeal is appeal creature of statute and right to appeal is neither an inherent nor natural right. Section 96 of the Code gives appeal right to litigant to appeal from an original decree. Section 100 gives him appeal right to appeal from an appellate decree in certain cases. Section 109 gives him right to appeal to the Supreme Court in certain cases. Section 104 gives him right to appeal from orders as distinguished from decrees. As per Section 2(2), a decree is the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be final or preliminary. Section 96 gives the right to appeal against any right or liability so determined by a court in the final adjudication of the suit. To appeal under this Section, two conditions need to be satisfied: 1. Subject matter of an appeal must be a decree. 2. Party appealing must have been adversely affected by such determination. Section 96 makes it clear that no appeal lies from appeal decree passed by the Court with the consent...
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...Introduction: Article 14.2, 14.2.17 and 14.2.21 of the MOU governs The Out of Class grievance process. Out of Class grievances are some of the most difficult grievances to win in Arbitration. Out of class grievances that are not resolved at the department level are resolved by DPA in some instances, provided there is substantial evidence that an employee is working out of class. Grievances not resolved at DPA that are approved for Arbitration must have evidence that can be presented to an Arbitrator that proves an employee is performing duties of an existing, higher paid classification more that 50% of the time over 2 consecutive work weeks (MOU Art. 14.2, 14.2.17, 14.2.21) that do not overlap with the worker’s existing SPB class specification. The Out of Class Grievance Process If the out of class work is ongoing, the grievance is always timely. However, once an out of class grievance is filed, the procedural steps outlined in the MOU Article 14, must be followed. If the out of class duties cease to be performed for any reason, an out of class grievance must be filed within 21 calendar days (except Unit 21, Out of Class grievances must be filed within 60 days) of when the worker ceased doing the out of class work, MOU Article 14.2, 14.2.17 and 14.2.21. Remember the only remedy an Arbitrator may award is out of class pay for one year, prior to the filing of the grievance, plus the time it takes to process the grievance. The Arbitrator has no authority to order a re-classification...
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...cases have made major headlines such as the case in which OJ Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman. The families of Goldman and Nicole Simpson then sued OJ Simpson in civil court and received a judgment against Simpson for approximately $30 million dollars. This case was appealed and the judgments were affirmed by the Appellate Court in California. Cases of this nature set the stage for these actions and the types of remedies that are available to victim’s families. Should families of victims have the ability to sue a Defendant for the murder of another? Should the murder suspect be sued for wrongful death even if they are not convicted in criminal court? Murder cases in criminal court must have evidence proving that the alleged suspect committed the murder. Civil cases involving wrongful death based on a murder case should have the same standards as the same case in criminal trial. Cases of these types are a great burden on court systems and society in general. Murder Murder, is the unlawful killing of another human being. In the field of Criminal Justice the act of Murder is also called...
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...What the case is about Suni Munshani v. Signal Lake Venture Fund II, LP et al. involves Suni Munshani who filed a lawsuit against Signal Lake Venture Fund hereafter called Signal Lake for $25 million for services rendered in raising venture capital for the firm. Mr. Munshani alleges Signal Lake made oral promises for favorable pricing options in Terago Communications stock in return for his raising venture capital for Signal Lake. Mr. Munshani produced a copy of an email sent 08/03/2000 from Mr. Trivedi, CEO of Terago Communications, which supported Mr. Munshani's claim that there was an agreement. Signal Lake claimed the email was forged, and filed an affidavit stating so. Mr. Munshani filed his own affidavit with he court claiming the email to be genuine. The court hired a neutral expert to sort out the truth as to whether the disputed email was forged as Signal Lake claimed, or genuine as Mr. Munshani claimed. After a seven month investigation Mr. Shear, the independent expert hired by the court filed a 147 page report that covered in detail the reason why he believed the email to be forged. The defendant's position Believing the disputed email to be forged Signal Lake conducted their own internal investigation into the authenticity of the email and found that an email on a different subject was sent from Mr. Trivedi to Mr. Munshani on the same day as the disputed email. To support their finding that there was no email sent Signal Lake hired the forensic...
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...Sussex County Community College Business Law I Chapter 3 Litigation and Alternative Dispute Resolution We're the jury, dread our fury! William S. Gilbert I. Teacher to Student Dialogue The pictures painted of trials and courtrooms by modern television shows and movies are decidedly unrealistic. How trial attorneys would love to have a spotlight glow brighter and brighter on them as they stand giving an impassioned closing argument, while the rest of the room sits in darkness, like Paul Newman had in The Verdict. Many accept the view in the jury deliberations room in Twelve Angry Men as common, and forget that the classic Anatomy of a Murder showed how many hours attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is...
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...HR Task 1 Regarding the case filed by our former employee against our company under Title VII of the Civil Rights Act of 1964, constructive discharge, I would like to depict the legalities of constructive discharge. A. A constructive discharge takes place when an employee believes that working conditions are intolerable; therefore is compelled to resign. In order for constructive discharge to be established; either of the following must be determined: -Evidence of intolerable working conditions are present, therefore a practical employee is forced to resign. - Evidence of the employee notifying the employer the intent to resign because of intolerable working conditions and the employer is unresponsive to the employee’s concern. - Evidence of improper conduct, including violent, sexual or discriminatory harassment by the employer. - Evidence of independent contract changes by the employer, which include pay cuts, hour changes, delayed wages, refusal of holidays and suspension without pay. Constructive discharge as a legal concept is relevant to the case of the former employee filing a claim against the company under the Title VII of the Civil Rights Act of 1964. This former employee filed a claim against the company for the reason of the alleged enforcement to the company’s new shift policy. B. There are several areas mentioned in Title VII of the Civil Rights Act of 1964, which pertain to this scenario. Under Unlawful Employment Practices, SEC. 2000e-2...
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...Appeals Process 220 December 23, 2012 Appeals Process First I will talk about an appeal, the appeal process is the process in which an appellate wants to review and possibly make a reversal of a lower court decision. An appeal may be filed by either side of the case and if it is granted, the appellate court is the next step. Some cases automatically get an appeal. Those cases would be the death penalty or life in prison. There are three different types of appeals. There is the direct appeal, this is also known as the appeal of right, this appeal happens when the penalty for errors made at the trial were so big that the appellate court is mandated to do a review of the case. The discretionary appeal is filed when there is legal ground to show specific errors have been made in a case where the laws were not applied to the case properly. Then we have the Interlocutory appeals which are filed when a judge’s decision hinders the progress of a case being tried and waiting until the end of the trial would hurt the case. The timeline of an appeal is extremely important. If an appeal is not filed promptly the court can deny the appeal. The first step in the appeal process is to file a formal notice of appeal with the court. This is when the appellate is able to request trial transcripts. Attorney’s from both sides fill a brief, which outlines all facts, arguments and case law that relate to any mistakes that were made in the first trial. A panel of three judges, sometimes...
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...are not penal statutes. They cannot be given retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are retroactive in that sense. Under the 1987 Constitution, the rule-making power of the Supreme Court has the following limitations: 1. It must provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art: VIII Section 5[5]). Section 2. In what courts applicable Section 3. Cases governed ACTION CLAIM An ordinary suit in a A right possessed by one court of justice. against another. One party prosecutes The moment said claim is another for the filed before a court, the enforcement or claim is converted into an protection of a right or action or suit. QuickT the prevention or redress ime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. of a wrong. APPLICABILITY: 1. Civil Action – one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. 2. Criminal Action – one by which the Stake prosecutes a person for an act or omission punishable by law. Formal demand of one’s legal rights in a court of justice in the manner prescribed by the court for by the law. (B) As to...
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