Civil procedure

determination if an offender should be terminated. In the Superior Court case, Gross v. State of Maine, the drug court team discussed the termination decision during the termination hearing, without defendant’s presence or that of his counsel. That procedure coupled by the fact the Superior Court felt that the drug court judge should have withdrawn from the case to avoid bias, resulted in a finding of constitutional infirmity. Moreover, the appellate court ruled the defendant did not and…

A civil suit is commonly derived from a private party or individual, who alleges damages from duty of care. Once a civil case begins, it is the duty of the plaintiff to prove, with evidence, duty of care, breach of duty, causation, and damages. Conversely, the defendant must prove their affirmative defense against documented allegations. The Oliver versus Brock case proves the importance of supporting evidence as opposed to hearsay statements, to prove the truth of the matter. In the Oliver…

It’s significantly difficult to concentrate on any subject after the death of a loved one. Not only is the grief of loss unbearable, but the aftermath of a death brings funeral arrangements that must be conducted at the worst of times. It's necessary to reach loved ones and family and notify them of the death, prepare an obituary, and complete insurance claims to cover funeral expenses, amongst other seemingly insurmountable tasks to take on while you're grieving. It's very likely that you're…

Please consider this letter in response to your email dated May 23, 2017. At this time, we have received the Disability Evaluation Unit’s rating of the Panel Qualified Medical Evaluation report of Dr. Perminder Bhatia dated August 10, 2016. Summary The DEU rated Dr. Bhatia’s report at 61% permanent disability using the occupational code of 481, which is different from the one we used. I was originally under the impression that the applicant’s job was only related to maintain the refrigeration…

Pursuant to Rule 59.04, Husband argues that the Court should alter or amend the Final Decree of Divorce concerning the following issues: (1) imputation of income to Husband; and (2) the Permanent Parenting Plan. The Court finds these requests are devoid of merit. The purpose of a Rule 59.04 motion to alter or amend a judgement is to provide the trial court with an opportunity to correct errors before the judgement becomes final. In re M.L.D., 182 S.W.3d 890, 895 (Tenn. Ct. App. 2005) (citing…

Essay Question 1— Sarah and John have filed timely tax returns for the tax years 2010-2015 as married filing jointly. In November 2016, Sarah has engaged me for some tax advice. She tells me that in January 2014, she discovered that her husband was running an illegal side business and that he has intentionally not reported the extra income on any of his tax returns. She is scared because they have received a notice that the IRS will audit their 2015 return. She wants to know how far they can…

When you decide to sue the person or company responsible for your injury your case may either go to trial or it may be settled outside of court. At a trial, your settlement is decided by a jury but outside of court you have the opportunity to negotiate a settlement offer. Even though you have the opportunity to negotiate your settlement, there is no guarantee that the amount will be higher. Your settlement for your personal injury claim can be low regardless of whether you decide to go to trial…

In many cases, personal injury claims that go to trial might take years to settle. In addition, a jury can be unpredictable. You may feel as though they will award you a large sum, but by the end of the trial you realize that the award will barely cover your attorney’s fees and any other expenses you have accumulated over the curse of the trial. As a result, an out of court settlement is a viable option. Settlements outside of court are usually kept private and give you the ability to negotiate.…

from it, this implies on the cross plaintiff's acknowledgement and its recognition that the original plaintiff has transferred the camp in 2012 but it erred in determining the next plot. The original plaintiff reviewed the provisions of the Federal Civil Transactions Law No. (5) of 1985, the articles (247- 267 – 292 – 884 – 888 – 889) which affords aggrieved compensation from avoiding the contract. As reported in the provision of both article (88) and article (90) of the federal commercial…

Personal jurisdiction, which is a decision given by the authority of the court in which it affects the rights of the specific individuals. In this case, because the defendant sold a harmful product, that not only negatively affected the plaintiff physically, but could negatively impact his business which would be the most appropriate. Due to negligence the court will have jurisdiction over them. Subject matter jurisdiction is when the court has the power to hear particular kinds of cases. The…