husband objected. The case was referred to a special master by the trial court. “The special master found the settlement agreement provision restricting the right to convey the property was unenforceable as it violated public policy by restraining the free alienation of property. The trial court found the bar on the sale could only be enforced for a reasonable time, and that a reasonable time had passed. After the trial court entered a corresponding order, the appellate court found that the provision
Words: 444 - Pages: 2
NEGLIGENCE The elements of negligence are set forth in the case of Carr v. Union Pac. R.R. Co., ____S.W.3d____, 2011 WL 4489982 (Tex. App.-Houston [4th District] 2011 no pet.), as follows: Elements: 1. The existence of a legal duty; 2. Breach of a legal duty; 3. Proximate causation, and; 4. Damages. Factual Background: This suit arises out of a train derailment occurring across the road from the Carr’s residence. The derailment caused one railcar to derail and spill the contents
Words: 983 - Pages: 4
The jury system in a criminal trial process determines whether the accused is guilty or not guilty rather than the judge. There is generally 12 members but under the Jury Act 2006, 15 members are required for a lengthy criminal proceeding. In order for the jury to operate properly they must abide by the Jury Act 1977 (NSW). This makes the jury more reliable because it allows the defendant to have a fair trial by selecting ordinary people from electoral rolls and must uphold the community’s current
Words: 336 - Pages: 2
| In the court system there are two types of attorneys, the defense attorneys and the prosecutors. The defense attorney is there to prove their client is innocent while the prosecutor is there to make sure that the defendant is found guilty of the charges that he is facing. While the defense attorney is trying to prove the innocence of their client the attorney or attorneys must find errors in a case to try and get a mistrial or try and build up evidence
Words: 418 - Pages: 2
Dodson Vs. Shrader 824 S.W. 2d 545 Parties of the Case • Defendant is Shrader • Plaintiff is Dodson Case Controversy • Was the contract voidable to Dodson, and should Dodson receive his money back from Shrader Facts of the Case • Defendant is Shrader • Plaintiff is Dodson • Dodson was 16 years old • Dodson paid with borrowed money his girlfriend’s grandmother • On April 7, 1987 Dodson purchased a truck from plaintiff for $4900 • On December, 1987 during a mechanical check up Dodson
Words: 463 - Pages: 2
to criminal court where the judge ordered him to pay three thousand dollars, which was out of reach for his family as a result, he was sent to jail in Riker, where he had to deal with harsh and inhumane conditions. At first, his case looked simple to deal with but it did not turn out that way. He was taken to the court several times thinking that justice will be served but, his case got postponed day after day due to lack of judges and courtroom staff. This clearly shows that the court system was
Words: 960 - Pages: 4
How does discovery work? During discovery both the plaintiff and the defendant are called on to produce facts that are impertinent to the case. The lest expensive way to do this is through interrogatories in which the opposing party is given a series of questions to answer to the best of their knowledge. A more expensive way is when witnesses to the case are called in for a deposition and asked question to which that have to answer orally. Also, either party may ask for particular documents to
Words: 535 - Pages: 3
committed in their company. The accountants interview witnesses, analyze evidence such as email traffic between all parties involved. They will also freeze bank accounts if needed. They are hired to find out what happen and who was involved. If the case goes to trial they can be called to testify. The key skill of the forensic accountant is communicating complex financial transaction or data in a concise manner using images, graphs and languages that can be easily understood by non-accountants, the
Words: 1442 - Pages: 6
without violating Rules The courts look at two elements in determining whether a person is able to be excused from their contract. In looking at the element of just cause, courts further analyze two factors: reasonable actions and the environment in which the actions take place. If a person suspects that he is being deprived of property legally attached to him and he can show that his suspicions are reasonable then he is said to have a reasonable suspicion. Courts also look at whether the activity
Words: 526 - Pages: 3
Victims Rights and Vengeance My personal view of the current state of victims’ rights in America is that there can and should be more involvement with the victims themselves. Some states such as Arizona have granted the right for victims to discuss the case with a prosecutor. Most other states see a private citizen as having no interest in whether the prosecutor brings charges against an offender or not. I see it as being very important that the victim is heard and not cast aside or only used as evidence
Words: 545 - Pages: 3
