I. Introduction This is a civil action due to an incident involving a park ranger and UH graduate engineer and his friends at Hawaii State park. The main party being held liable in this civil suit is the UH graduate engineer. Defendant Michael Nishimoto (“Defendant” or “Michael”) argues that this is nothing more than an unfortunate campfire event that accidentally injured Lehua Ching (“Plaintiff” or “Mrs. Ching”), park ranger in her line of duty and he should not be held liable. Also, Defendant argues that Mrs. Ching is a professional rescuer and is barred by the Firefighter rule to seek recovery.…
Dr. Scott W. Stewart DMD, PLLC is a dental practice that is located in Silverdale, Washington. Dr. Scott W. Stewart DMD, PLLC conducts operative dentistry, restorative care, general care, and cosmetic dentistry. This dental practice performs operative services such as fillings, extractions, root canals, and crowns. Their general care services include scaling and root planing, periodontal maintenance, oral hygiene instructions, night guards, sports guards, and emergency treatments. Dr. Scott W. Stewart DMD, PLLC conducts restorative care services such as partial dentures, complete dentures, bridges, and implant crowns.…
Judge Casas’ Ruling In APUSA Inc. v The State of California the court rules in favor of APUSA,Inc. The court finds the State of California violated the establishment clause using the Lemon Test and Agostoni test. In both instances the CCQEA explicitly violates the establishment clause by way of money being directly distributed from the government to the religious institutions, joined with a lack of specificity of how the money is to be used. The State of California would be served in adding guidelines to the law clearly dictating that grant money is not to be used for secular purpose.…
The Issue Whether the SV Hotel breached the Franchise Agreement and fail to cover the required payment and damages with Howard Johnson International? The Rules According to the Chanel, Inc. v. Gordashevsky, 558 F. Supp. 2d 532, 535-36 (D.N.J. 2008); Wilmington Savings Fund Soc.,…
From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…
Sources: (3) Silver-Greenberg, J., & Gebeloff, R. (2015, November 1). Arbitration Everywhere, Stacking Deck of Justice. The New York Times. Retrieved October 30, 2016, from http://www.lexisnexis.com/lnacui2api/api/version1/getDocCui?oc=00240&hnsd=f&hgn=t&lni=5H8R-MRG1-JBG3-608D&hns=t&perma=true&hv=t&hl=t&csi=237924&secondRedirectIndicator=true.…
James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…
Introduction G.S Adam Junior and Bruce B. Bickham met on the 23rd day of January 1974 and struck a deal for Bickham to transact all his businesses with the bank while in return the bank was to; a) Immediately stop charging service charges on Bickham’s demand deposit accounts effective January 24th 1974 b) Lend money to Bickham and his corporations at the rate of 7.5 percent per annum c) Give Bickham and his corporations loans of a maximum of $500,000.00 d) Grant Mr. Bickham a ten year loan amortization period in which Mr. Bickham would make loan repayment with no restrictions on prepayment of any loans. e) Give Mr. Bickham a loan to build his home at the rate of 7.5 percent per annum…
In Baker v Carr, the majority made up the basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear constitutional questions to regarding state elections; the majority simply made that up in order to hear the case. There is no branch of federal government that specializes in redistricting. Since representatives' political…
3. List three advantages of taking a case to small claims court. - Inexpensive, the filling fee is lower than in regular civil court and don’t have to pay a process serve the complaint. - Quick, you get a hearing after you file your small claim and your case will be decide either immediately after the hearing or within a few weeks. - You do not need a lawyer in small claims court.…
Conns Furniture Class Action Lawsuit Are you receiving harassing phone calls from Conn’s Furniture Store or Conn’s Home Plus? Are you being contacted over late payments or an account that isn’t even yours? Conn’s is a popular store that sells goods for the home, such as appliances, furniture, electronics, and mattresses. The company provides credit financing to customers for purchases through an in-store application process. But if the customer gets behind on their payments Conn’s may threaten and harass customers to collect the debt.…
Criminal Justice Response The case of the Tuskegee Syphilis Study was discovered by the press in 1972 (Brandt, 1978). According to the author Susan Reverby, the news article was titled “Syphilis Victims in U.S. Study Went Untreated for 40 years.” This article caused a major public outcry.…
NR Law Class Opinion I would have to say that I was quite skeptical when first signing up for this class last fall. I was under the assumption that we would be covering game and fish law throughout the course, but that was not case. Instead we got the valuable opportunity to meet many of the conservation officers who work locally. I know credit limits are getting pushed further and further at these two year technical colleges, but I feel there should be a class solely for the learning of the various game and fish laws. The academy does address such laws, but I do feel we would be better prepared going in, if there was such a class.…
Dastmalchi LLC developed several keys to success when the firm launched. Their “fast follower” strategy led them to penetrate many different markets and target different audiences, while maintaining low operational costs. The company had the ability to predict which new products would be successful in the market and quickly release their own, more affordable, version to the public. This strategy was carried out by the company finding manufactures of the product and repackaging and rebranding the product to make it their own. Rather than using their own resources to innovate and market their own unique products, Dastmalchi found a way to piggyback off the success of others.…
A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…