1. Richard Griffin will not be allowed to testify. Just because a bank officer “assured” him that he would only owe 25 percent of whatever balance was unpaid, it was not written into the loan. As per the parole evidence rule which states that when two parties make an integrated contract, neither one may use parole evidence to contradict, vary or add to its terms. Mr. Griffin is bound by the loan that he had signed and not by what they had agreed to that wasn’t in the loan agreement. Since there wasn’t anything stated about the loan being ambiguous or incomplete as well as a concern with fraud, misrepresentation or duress, there will not be any exceptions made for Mr. Griffin’s case. 2. While morally, if he did make a promise, then he would be ethically bound to do the right thing and pay child support. However, verbal promises in consideration of marriage is unenforceable unless it is in writing. It doesn’t matter what he said to her, since it was not written down, she will not be getting any child support. Florida actually has statutes that allow for a man to fight for rights to not be held financially accountable called “Disestablishment of Paternity.” The Requirements to Disestablish Paternity: a-The Father must have discovered new evidence that he is not the biological parent of the child b-You need a properly done DNA test shows that person is …show more content…
7. It depends on the type of condition, since it will determine who must prove the source of the fire. Commercial Union Insurance made the claim that the clause was a condition precedent which is that an event must occur before a duty arises. Which means that Redux has the burden of proving the fire was not arson. Redux argued that the clause was a condition subsequent, which is a type of condition that must occur after a duty has arisen. Which means that CU became liable to pay benefits as soon as the fire started. The only way they could escape their duty would only be if the insurer proved Redux had committed
On Friday March 30th Philip Malloy was suspended. He was sent to the assistant principal 's office twice that week. According to Harrison High student handbook that results to a suspension. Philip was sent to the office for creating a disturbance in Ms. Narwin homeroom. According to the memo Philip was humming during the National Anthem.
Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. ”The Petitioner within the case was Clarence Earl Gideon.
Worcester v. Georgia By Sydney Stephenson Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language. Over time Worcester became a close friend of the Cherokee leaders and advised them about their political and legal rights under the Constitution and federal-Cherokee treaties.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Both also agreed that Gregg (Father) would pay $1,000/month in child support to Mother. These agreements
In the state of Maryland on July 29th, 1986 Kirk Noble Bloodsworth was brought to trial. The crimes that were said to be committed were; first degree murder, first degree rape, and first degree sexual offense. The defendants in the case were the following; Julia Doyle Bernhardt and George E. Burns, Jr., Asst. Public Defenders (Alan H. Murrell, Public Defender, on brief), Baltimore, for appellant. Valerie V. Cloutier, Asst.
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
In 2013, the Supreme Court case Moncrieffe v. Holder refuses a Board of Immigration Appeals to removal from the United States of a lawful permanent resident based on a long term criminal conviction related to sole possession of small amounts of marijuana. The case finally made it all the way to the Supreme Court, which is considered a rather technical question of the interpretation of the U.S Immigration laws. Local police departments have long been accused of profiling Hispanic, African-Americans, and other minorities of race in law enforcement activities, including run of the mill traffic stop. Critics fear that immigration enforcement by state and local authorities will lead to increase of racism. Many Americans have shown concerns with the implementation of racist discrimination of the U.S immigration laws by state police agencies and local authorities.
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
Brad’s house had an explosion leading to a fire that caused damages to his house and his neighbour, Tom’s. Tom and Brad are making claims that both have a legal basis. Tom chooses to hold Brad and Katherine, the firefighter, liable for damages. Meanwhile, Brad, who claims that there is no responsibility of his for the fire, believes that someone must compensate him for his loss as well as Tom’s. Brad is making his legal claims against Patrick and his employer, A-1 Furnaces Limited, and the City.
However, it must be determined whether Das’s promise to come until Monday constitutes sufficient consideration. Since, no deposit was made that is there was not sufficient consideration. Das would have to prove that he gave some sort of consideration to Ali to keep the offer open and if Das has taken a bank loan, the court may consider it as a valid consideration. Otherwise, the agreement does not stand according to the law. Therefore, Das cannot have any legal action against
Upon the completion of this, the contract also stated that the exterminating firm was to offer free exterminating services if at all there was a recurrence of the above-stated issue. Mrs. Clarkson moved to court claiming that Orkin had failed to deliver its end of the bargain. In what way did Orkin breach its duty?
Your state’s child support enforcement agency can often help you locate them for free. State agencies can use resources such as the Federal Parent Locator Service, credit bureaus, and the postal service to track down uncommunicative parents. If you weren’t married to the other parent when your child was born, and the other parent hasn’t acknowledged paternity, you 'll need to establish paternity before child support can be enforced. Your local child support services agency will typically work with the court to arrange a genetic test.
At the tender age of 16, Jon Roberts without having a mother or father, he moved from place to place and later became an enforcer for a loan-sharking operation which was run by his uncle in Staten Island, New York. He was arrested for dealing cocaine and taken to the tombs in New York City. After being arrested for kidnapping, Roberts was given the opportunity to join the military to have his criminal record expunged as he served with the 101st Airborne for a period of one (1) year in Vietnam with the condition of being honorably discharged. Due to an explosion Roberts was injured and had to have a metal plate in his head. Roberts worked for members of the New York Mafia as an enforcer and club manager.
Lord bridge stated that what emerged was that in addition to the existing rule of foreseeability, for duty of care to arise there should exist between whom the duty is owed and the party owing the duty proximity and the situation one in which the court considers just, fair and