Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.
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- Give an example of a statute at the Federal Level and at the State Level.
- Give an example of an Administrative Agency at the Federal level.
- Please list the 3 equitable remedies available to someone in a lawsuit.
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- Ellen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…do some basic research into a case that is before the U.S. Supreme Court right now: Jack Daniel’s Properties, Inc. v. VIP Products LLC, and respond to the following question:Who are the parties in the case?
- describing the commencement of either a civil or criminal proceeding and indicate how the case might ultimately be resolved of the Federal court system or within the NYS Court systemPlease discuss how Congressional enumerated powers relate to implied powers and the necessary and proper clause. In doing so. please define each power explain how they are related and give one concrete example of how they were/are constitutionally used togetherOlga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?
- Warranty and strict liability represent two causes of action, often relied upon by plaintiffs who pursue recovery in a product liability case. Describe the two legal theories by making reference to the elements that need be proven; the obstacles with which a plaintiff may be confronted; the recoveries that be sought; and finally, the nature of the cause of action; hint from what discipline of law does each theory ariseI am not sure about the answer for this question The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favor of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non-est factum. Would this defense succeed? Why or why not? Explain your responseWhich health care fraud acts or statutes apply to the following case: False Claims Act -1986, Anti-Kickback Statute -1987, Ethics in Patient Referral Act-1989 or HIPPA-1989 Physician Dr. Vijesh Patel and his office manager and wife Laju Patel, both of Port Neches, Texas, have agreed to pay $422,789 to resolve false claims allegations involving New Jersey, Texas and South Carolina Laboratories. The Department of Justice, in a press release, said that the couple received remuneration in return for referring patients for laboratory testing. Additionally, both have “agreed to cooperate with DOJ’s investigations of, and litigation against, other participants in the alleged schemes,” the press release added. In the Dec. 14 settlement, the DOJ listed the three laboratories where the couple sent referrals. Dr. Patel allegedly received thousands of dollars in payments from December 2016 to July 2018, “from Indus MG LLC, a purported management service organization, in return for ordering…
- Does the concept of judicial interpretation of the law mean that judges can make whatever law they wish? And, how can courts remain flexible, if they are required to follow precedent?1) Define a Mistake from a legal standpoint. Identify the various mistakes in law and discuss each 1. Common Mistakes 2. Mutual Mistakes, and 3. Unilateral Mistakes. 2) There are three necessary ingredients required to be proven before an innocent party can claim for damages for breach of contract. Please identify and discuss each? 3) In criminal law there are two elements that need to be established for a person to be convicted, namely Actus Reus and Men Rea. Please discuss both elements. 4) Lord Atkins in Donoghue v Stevenson made the famous pronouncement on the duty concept within the framework of the neighbour principle and mandated that one should take reasonable care to avoid acts or omissions which can be reasonably foreseen as likely to injure one’s neighbour. Please critically discuss this case and the concept of duty of care.