Essays on Civil Procedure

Impact of Frivolous law

Impact of a frivolous lawsuit Abstract Frivolous lawsuits are lawsuits that have little or no chance of being won due to lack of merit. In law, a frivolous lawsuit is one that is presented when the party had a reason to know that the defense or the claim was futile. Frivolous litigations may be as a consequence of legal theories that bare absurd, additional suits or a repetition of motions. A claim or defense may be referred to as frivolous because it lacks justification or due to the fact that it was not [resented with an argument that can ...

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

CONTENTS 1. Part I - Occupational Health and Safety Law 3 1.1. The UK Approach to Regulating Occupational Health and Safety 4 1.1.1. The Role of Legislation (Civil, Criminal and Administrative), other sources of law and recommendations 4 1.1.2. The Role of Law Enforcement and Specialized Agency 6 1.1.3. The Role of Courts 7 1.2. Comparison between the UK and the Brazilian approaches to OSH regulation 8 2. Part II – Management and its Impact on OSH 8 2.1. Administrative approach to management 9 2.2. Scientific management 9 2.3. Behavioral approach to management 10 2.4. Co-operative social systems approach 11 ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic? Whether the Minnesota court should invalidate the Tennessee judgment. Rule The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

It is correctly pointed out that Alabama is an entirely inappropriate venue for the case between Mr. O’Leary and Ms. Johnson. Alabama is the wrong choice of courts because there is no subject-matter jurisdiction (as the controversy occurred in Florida) and neither is there personal jurisdiction over Ms. Johnson because she is a resident of New Jersey.

The analysis regarding federal diversity jurisdiction is largely correct as well. Ms. Johnson should have been prevented from filing a claim in the federal courts for want of an appropriate value of the controversy that she presented. However, the analysis regarding the ...

Three potential ground for objections to interrogatories are: privilege, relevance, and overbroad. I think that the three stated objections are very commonly used in pending litigation for a variety of reasons. The privilege objection is common because of the sheer volume of communication with an attorney, furthermore, the evidentiary value of a privileged communication is high so something potentially privileged is likely to be asked for. Relevance is a common objection because when attempting to litigate a case, attorneys might take a ‘shot-gun’ approach to discovery in order to build their case and ask for more information than is strictly necessary to prove a ...

Rules governing motion pleadings are found in Federal Rules of Civil Procedure title III. These rules have been modified and limited by two particular cases: Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal. The cases had different fact patterns, however, both concluded similarly regarding pleadings. In Bell Atlantic, it was concluded that a plaintiff had to show plausibility in the pleadings; possible and conceivable were no longer sufficient thresholds to maintain proceedings. In Ashcroft, it was held that a detained prisoner had not pleaded sufficient facts to maintain a claim of discrimination.

The Twombly case involved a class-action lawsuit for anticompetitive behavior ...

International Litigation and Arbitration

International Litigation and Arbitration

Issue

The first fact of taking on account is that the Texas Oil and Gas exploration Company “Hercules” received investment from Mr. Shi Pei Poo who is an accountant in the Beijing affiliate of Touche Ross and from additional investors from Germany, Libya and Iran through a Company called MFM, which is secretly controlled by the Arabian Oil and Gas Company which is owned by Dr. Kaled Al –Naif, to form, capitalize and operate two oil and gas companies MPE and TKC, to make explorations in order to find Natural Gas in Gulf of Mexico and in ...

U.S. v. Gypsum Co. (1950)

Question 1

This was a case, which was argued on October 19, 1950 and decided on November 27, 1950. The proceeding was actually filed in the year 1940 in District Court of United States for Colombia District by United States under the Attorney general’s authority. The complaint that was charged was a long –continued conspiracy or plot by the defendants in the restraint of trade in the gypsum products amongst numerous states and in Columbia District, and a like monopoly, all in desecration of Sherman Antitrust Act. The defendants, appellees or respondents in this case, were the ...