The main question in this exercise is whether North Montana will apply the choice of law provision in the contract between Good Hands and the Walmsleys. A forum applies its own choice of law approach. So here the North Montana Court will apply the Second Restatement of Conflicts of Laws as the state follows that approach. Under the Second Restatement, three main steps need to be considered: 1) whether the conflict is procedural or substantive, 2) whether there is a choice of law provision in the contract, and whether that provision should be applied, and 3) the application of the choice of law rules from the Second Restatement. Here, it appears that the choice of law provision selecting Old York should be applied because none of the exceptions to the general rule apply.
I. Procedural vs. Substantive Law
The first step under the Second Restatement approach is to determine whether the forum’s rule is procedural or substantive. If a rule is procedural than a forum will apply its own law. Courts using the Second Restatement follows the applicable provisions in the restatement. This is similar to the first restatement besides evidentiary privileges and statute of limitations. One of the main tests is whether a section of the Second Restatement classifies a question as substantive. Section 193 of the Second Restatement, which is found in the Contracts rather than the Procedure chapter, governs the validity of insurance contracts. Here, the question is about the validity
In the novel Montana 1948, by Larry Watson, we witness this through the eyes of David a 12 year old narrator, the sickness and death of his beloved caretaker Marie Little Soldier by the doing of his Uncle Frank whom he has always looked up to. An important character central to the story is David’s father Wesley the sheriff of Bentrock who is brave, courageous, conflicted and, protective of his family. A message Wesley helps us understand a thought-provoking message that it is difficult to choose between family and doing the right thing.
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
Both Reginal Rose and Larry Watson shows the importance of achieving justice in their stories. However, what they achieved is different; justice was attained in 12 angry men, while it doesn't in Montana 1948. The prohibiting factors that makes the justice harder to achieved are the prejudice, bias and misuse of power. They also shows the relationship between power and justice, just in contrasting way.
This paper discusses these differences as well as an important concern for Nevadans, the value of an intermediate court of appeals. In the latter we will note the attempts to establish a court of appeals as well where the issue stands now.
In order to interpret the law concerning Sheriffs and the state of Alabama correctly, the court deferred the case to the Court of Appeals’ experts on interpreting Alabama’s law (Jett, Supra, at 738). The interpretation provided supported McMillian argument by providing that Sheriffs represents the State when acting in their law enforcement duty. Relevant parts of Alabama Code also supported this conclusion. Although such codes lack adequate jurisdiction to favor the
The defendants wanted to apply reasonable principles in search of specific performance of the contract. The disposition of the immediate motion for partial summary judgment and objection was controlled. “The court found that although the doctrine of mutuality of remedies may be alive and well in Virginia in actions at law for damages, that was not the case where, regardless of a lack of support of remedy at the time the contract was created, complete performance may, if revealed, afford a party specific performance of the contract for the sale of land.”
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
Thesis: In Montana 1948, by Larry Watson, and "My Brother the Unabomber," by Ed Pilkington, the authors have a similar viewpoint on the purpose of justice in society. They show these similarities through the motivations of Wesley Hayden and David Kaczynski.
In the novel, Montana 1948, written by Larry Watson, a story of a young boy named David and the events of a cataclysmic summer holidays are recounted. Set in the heart of North America in the 19th century, when Native Americans were considered B class citizens and persecution was inevitable ever since the Europeans first arrived on the continent. David matures in a short span throughout the text from naivety to maturity as a result of the series of horrendous events he experiences. The murder and sexual assault of Marie Little Soldier evokes a case in which Wes, David’s father and sheriff of the county must re-moralise his choices as his brother Frank is to
Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
Just like in the book Montana 1948, I would like to write to you about how human nature is explained through loyalty and justice. As we have gone to school together for seven years, I would like to show you how the faults of our human nature can be explained through what has happened in Montana 1948. Throughout the book, the faults of human nature are seen as loyalty outweighs justice as seen through Frank molesting Native American girls. His loyalty to his brother, Frank, and his prejudice towards Native Americans questions the belief of justice. He has received all his power from his parents, so it is nearly impossible for him to go against his family. However, Wes is stuck between his father, a powerful, intimidating man and his wife,
Imagine this, you have just found out that your brother has been touching and molesting innocent Native American women. Would you take initiative and arrest your own and only brother? Or would you sweep everything under the rug because he is your brother? Well, in the novel Montana 1948 by Larry Watson, a young boy, David, learns that his uncle, Frank, a doctor, has been molesting his Native American women patients. It is up to Wes to make a decision of whether or not to go by law or let everything slide. Numerous of readers believe that justice is shown more than loyalty to family in the book because eventually Frank is arrested. However, loyalty to family is shown more than justice because Wes never thought of arresting Frank in the first
One of the various understood cases such Ogden Vs. Gibbons case was an exceptional instance of displaying of how much power Congress has in the gathered states. Ogden by the then recorded suit with the New York Court of Errors, and the court allowed sole usage of the course to him in 1820. Thomas Gibbons by then took the case to the Supreme Court where they toppled the state decision. The essential request was whether the State of New York had an ensured perfect to impact such to a choice, which should have been held for Congress in light of the fact that the course being alluded to constituted interstate business
In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.
Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with