PART B
Question 1: Is this a criminal case or a civil case? Provide an explanation for your answer. Give an example of each.
Answer: This would be a civil case as it is a dispute between two private parties. The liable action has been brought by Ancon Construction who have carried out works to a house belonging to Jenny a web developer from Sligo Jenny has refused to pay them as she claims that the work was not carried out to the required standard. The defendant has also set up a website which has slandered Ancon Constructions name. There have not been any criminal actions carried out against the plaintiff and their main priority is the payment of monies owed and the removing of the website. While criminal law is concerned with the protection
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Question 2: Explain the terms plaintiff and defendant. Identify the plaintiff and the defendant in the case above.
Answer: The Plaintiff is the party or individual who initiates a law suit before a court. They will in turn seek a remedy from the accused party. A Defendant is the person or company who a legal case has been brought against. In the above case Jenny is the defendant while Ancon Construction is the plaintiff.
Question 3: Does the case involve private or public law? Provide an explanation for your answer. Give an example of each.
Answer: The case above involves private law. Private law is concerned with the relationship between people or companies in this case Jenny and Ancon Construction. Public law on the other hand concerns itself with matters between people and the state. Jenny has not committed any crime against the state and the particular grievance is between her and another person or company.
Question 4: Explain the role of a solicitor and a Barrister.
Solicitors and Barristers are both types of Lawyers. However they have many differences and roles which I will attempt to
A) The topic concerning this case is negligence law. The issue is whether Simon would be successful perusing a negligence claim.
Civil law is a system of law conerned with private relations between members of a community rather than criminal, military, or religious ethics. Criminal law is a system of law concerned with the punishment of those who committed the crimes. I believe in the Good Samaritan Case it is both a criminal and civil case. The case is criminal and civil case. The case is criminal because Broitzman and Larson where both charged for the crimes they committed. This case is also a civil law case because being a nursing home the actions of the girls charged also effected the community in more than just a criminal way. The
6.What is the level of court, the case is being heard in? 2 marks (1 mark each article)
Tiller Construction Corporation entered into two contracts with Nadler, the CEO of Glenmar, where Tiller would do “the work” for Nadler at Westridge for $637,000 and the other for Tiller to do “the work” for Nadler at Cranberry for $688,800. Nadler agreed to be personally liable to Tiller for the payment of both contracts. When the job was done, Nadler refused to pay the remaining balance of $229,799.46 for the Cranberry project and a remaining balance of $264,273.85 for the Westridge project. So Tiller sued Nadler for the amount owed, plus interest, costs, and attorney’s fees.
Defendant: the person being sued or accused by plaintiff in the court of law (Clarkson, Miller, Frank, Cross chapter 1). Reckitt & Colman, Inc. will be referred to in this analysis as “R&C” from here on forward.
related to the second case, being the second case was fought to reverse the outcome of the first
Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.
For example, we have the right to privacy. Natural law is based on a higher authority and having a basic sense of right and wrong. The rights are god given American rights that no one can take away. No law can contradict the basic values given by god. 2. Subject matter is the broader question of who has the jurisdiction over the matter. Such as, would it be appropriate to file a family law case at the federal level vs. filing at state court. Personal Jurisdiction has a narrower question as to which federal court or state court has jurisdiction over the party. III. Case Problem and Writing Assignment Issues Does the granite producer from Washington have a claim under the Dormant Commerce Clause Rule Regulation of commerce is allowed if it pursues a legitimate end, rationally related to that end if it doesnt disrupt interstate commerce. Analysis Given the provided information, the city of Fresberg is trying to boost the productivity of the granite industry within its city limits. This is in good intention with the citys economy in mind but it fails to notice that it affects interstate commerce. The Washington contractor and those soon to follow cannot do business in the State of Confusion because of this. Under the Dormant Commerce Clause the city cannot impose any ordinance that affects the interstate commerce. What is advised is that Fresberg should take of the portion that limits
A government official, often the provincial attorney general acts as the plaintiff on behalf of the public. The reason is to prevent defendants from being sued separately by each person and to reduce actions for petty or minor losses.
Question: In Baptist v. Sampson, the Texas Supreme Court did not agree with the appellate court that holding hospitals liable for the negligence of ER doctors should be a non-delegable duty. Explain why you agree or disagree with the Supreme Court. Under what theory can a hospital be held liable for the conduct of emergency room physicians who are independent contractors? You should be able to answer question three in no more than 2-3 pages. You need to discuss the theory of liability, what the appellate court held, what the Supreme court held...and why you believe one or the other is correct.
The types of common law claims available for analysis are trespass, nuisance (private and public), negligence, and strict liability.
The issue of jurisdictional conflict between the civil courts and the Syariah courts has been standing unresolved for so many years. Notwithstanding the amendment made to Article 121(1A) of the Federal Constitution in 1988, the battle between the two courts remains unsettled. The root cause of this issue is the existence of a grey area between Article 121 (1) and Article 121(1A) of the Federal Constitution after the 1988 amendment.
1. What primary sources did you use? I first used Google to locate cases with similar questions, then located a case that would establish precedence in Westlaw.
1) Plaintiff is a construction company that did construction work for defendant in New York City. Defendant failed to pay the entire balance of work done by plaintiff. Plaintiff sued for damages. Jury found for plaintiff
2. Describe briefly the history of the litigation of this case (which courts heard the case, which way did they rule, what court is now deciding the case, which judges are hearing the case in this court)?