Federal Rules Of Civil Procedure Case Study

The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure?

Throughout the course of this investigation, the following courthouse was researched to locate any all court documentation for Dennis Baker and Charlotte Baker, as the search was expanded to include Shawna Thornton’s affiliation with the Bakers’.

Richard Ivey School of Business Foundation prohibits any form of reproduction. storage or transmission without its written

The last court hearing on 2/25/2014was dismissed due to a technicality of my paper work not being correct, because I did not know what I was doing. I am not an attorney and can not afford one.

1. The witness has first had an opportunity to explain or deny it and counsel for the other parties have had an opportunity to ask about it, and

If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them. (Standard General Interrogatory No. 3.)

Medicare payments rely heavily on proper coding of medical procedures and services provided during the delivery of care. Those services or processes are typically bundled, and therefore allocated as a bundling payment that receives a set amount of financial compensation for the organization. The Medicare statute maintains that the Secretary of Health and Human Services determines the fee schedule for diagnostics laboratory tests and Medicare regulations state that the hospitals must bill some of the tests as a group (Ohio Hospital Association, et. al. v. Shalala, 1997). The District Court case involved the failure to bundle seven tests, which accounted for higher Medicare reimbursements.

Four women in Georgia filed a lawsuit against Accord Service for discrimination. The company allegedly refused to put nurses in in-home positions if they were deemed "too black, too old, or too foreign" (Ng 2011). Additionally, one of the plaintiffs who worked in Human Resources found that the African American nurses were being paid significantly less money than white nurses. This plaintiff, Tracee Goodman, stated that before placing a nurse in a home, she would be blatantly asked what color the nurse was and their age before a decision was made (Seward 2011). If the client was white, then management would often insist a Caucasian nurse treat that patient. When the plaintiff brought this to the attention of superiors, her own hours dwindled to the point where she could no longer afford to stay with the company.

In today’s world, police brutality has become a type of misconduct that American police officers are getting accustomed to utilizing against American citizens. On July 17, 2014, Eric Garner died in Staten Island, New York after ununiformed police officer Daniel Pantaleo placed Garner into a chokehold after Pantaleo had attempted to arrest Garner for selling untaxed cigarettes. After being put into a chokehold for fifteen seconds, Garner became unconscious and suffered a cardiac arrest while being transported to the hospital (Goldstein and Schweber). According to the National Police Misconduct Reporting Project in Figure 1, 23.8% of 6,613 officers were accused of using excessive force among people. In recent years, cases of police brutality

Telephone is a telecommunications device used to communicate between two or more people in any distance. Primarily telephones were used only for communication purposes but today telephones are as powerful and useful as computers are. With the evolution of phones, many things have changed which includes phone records. In past, phone records involved only phone numbers but today there is so many data and information on phones. These records include phone numbers, bank information, personal pictures and videos, location and text messages. These records are often used by law enforcers to investigate crimes by gathering information from phone records. Since 1970 many things has changed. This paper examines the technological differences between phone records in the 1970 and smartphones, privacy and how courts affect the technology.

The Canadian Evidence Act requires that organizations prove in court the reliability, integrity, and authenticity of their electronic corporate records, including electronic images. Although the law is frequently difficult to understand because it uses phrases such as “the integrity of the electronic records systems” and “the reliability of the entry” without giving any detailed explanation as to its meaning, it does encourages the organization to use standards to help determine the admissibility of electronic records. On one hand, organizations are legally required to follow a particular standard, such as retaining electronic records for income tax purposes in Canada. On the other hand, they are strongly recommended to follow leading best

I. FOLLOWING RULE 56 OF THE FEDERAL RULES OF CIVIL PROCEDURE, THIS COURT SHOULD GRANT SUMMARY JUDGMENT IN FAVOR OF THE DISTRICT BECAUSE THERE IS NO DISPUTE OF MATERIAL FACT, FOURTH AMENDMENT CLAIMS MAY BE DECIDED AS A MATTER OF LAW, AND A RATIONAL TRIER OF FACT WOULD FIND FOR THE DISTRICT.

The Civil Rules Advisory Committee initiated this ESI amendment. This was after the realization of problems with information retrieval with the computer-based systems in 1996 which lead to intensive working on the issue in the year 2000. There were various ideas, alternatives, and perspectives provided by the Advisory Committee to determine whether any amendment regarding ESI was necessary and if it was then, which language should be considered for such amendment. The proposal was forwarded by the Committee in August 2004 which received over 250 organizations and individuals’ feedback. They later used that information to make modifications which finally resulted in a final amendments package that was approved by the United States Supreme Court

The idea of law and order in this country isn’t a new one and, in fact, has taken a very long time to get to the point it is today. But it isn’t done changing or improving because with every new advancement and technology law must adapt to encompass these new gray areas and make them clear in the court of law. An example of a few large milestones in United States’ law that reflect such adaptability are the Federal Rules of Evidence; Federal Rules for Civil Procedure; and the Sedona Conference. Each of these milestones have made clear many issues and gray areas in the law. Issues in evidence collection and presenting as well as digital evidence collection are a few of the many subjects covered in these federal rules.

Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer’s responsibility to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers.