1. Cause of Actions
In the case of White v Hart it was deemed professional misconduct due to evidence not being apparent, pursuing litigation for an ulterior purpose with no reasonable chance of success may be grounds for professional misconduct. Therefore, ‘EA’ must provide evidence, or evidence is likely to exist, reinforcing their factual basis of allegations against the parties. For a cause of action, all elements of the relevant area of law, and damage to the client, must exist.
1.1. Zen Hotels Ltd
‘ZH’ may be liable for a breach of their agency contract with ‘EA’. Breach of contract requires:
1. A contracts existence
2. Breach of an essential term
3. Damage to aggrieved party
A contract for agency in regards to ‘Australian Environmental
…show more content…
A joinder of parties is a balancing act the aforementioned benefits, and equity from the defendant. If a joinder is to be sought by the clients, ‘ZH’ and ‘MZ’ may object the order under UCPR section 69(1)(a). For an objection, it must be demonstrated the joinder was improper or unnecessary, which is a long-reaching argument in these circumstances. In summary, it is likely the court will use its discretion to join the causes of actions of ‘EA’ against ‘ZH’ and ‘MZ’.
3. Jurisdiction
Section 8A of the District Court of Queensland Act provies the court with jurisdiction throughout Queensland, therefore heard in Queensland due to the breach occurring in Queenslan. In regards to the financial portion of the case likely to be under $750 000, it shall be heard in the District Court of Queensland due to section 68(2) of the DCQA. The particulars include:
• Loss of profits: $182 000 ($520 000/35%)
• Delivering up of contract (returning
…show more content…
The purpose of service is to give notice to all relevant parties and ascertain the aforementioned jurisdiction. Personal service requires giving of the document or placing in their presence. In regards to the originating process documents to be served on the defendants, UCPR section 105(1) requires personal service. These documents must be served by ‘EA’ in under 12 months, although may be renewed for an extra 12 months, provided renewal is conducted in the initial 12 months. EA’ are not able to serve on Good Friday and Christmas, and delivery after 4pm is deemed to be served the next day. After delivery, UCPR section 120 sets out the requirements included in the required affidavit of personals service, required to prove service by ‘EA’ (SEPA provides rules under section 11). A substituted personal service is available to ‘EA’ under UCPR section 116(1). However, this requires a practical impossibility of service and the substituted service must be adequate. An example exists in Miscamble v
There is one appellant and three respondents involved in these proceedings. Equuscorp Pty Ltd (referred to as “Equuscorp”) is the appellant. Ian Haxton, Robert Bassat and Cunningham’s Warehouse Sales Pty Ltd (referred to as “the respondents”) are the respondents. This matter was heard in the High Court of Australia in front of Chief Justice French and Judges Gummow, Heydon, Crennan, Kiefel and Bell.
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
There is no dispute that Mr.Nanokeesic showed an attempt to prevent the police from finding the weapon, when he ran from the police and discarded his backpack. The backpack was found by the police and searched, without a warrant.
Wife appealed from the judgement of Supreme Court, Special Term, Westchester County, N.Y., Morrie Slifkin, J modifying a judgment of divorce by awarding custody of the parties’ children to the husband.
The People vs. Hall and Dread Scott Decision both were very interesting cases. Their similarities zoomed to expose the preamble of the Constitution and make the authors of it think over what they meant by "all men are created equal." This question is still present today, are all men created equal? Or does it mean by men, the white Americans with European decent?
Her little boy wasn't expected to make it through the night, the voice on the line said (“Determined to be heard”). Joshua Deshaney had been hospitalized in a life threatening coma after being brutally beat up by his father, Randy Deshaney. Randy had a history of abuse to his son prior to this event and had been working with the Department of Social Services to keep custody over his son. The court case was filed by Joshua's mother, Melody Deshaney, who was suing the DSS employees on behalf of failing to protect her son from his father. To understand the Deshaney v. Winnebago County Court case and the Supreme courts ruling, it's important to analyze the background, the court's decision, and how this case has impacted our society.
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
Was Dred Scott a free man or a slave? The Dred Scott v. Sandford case is about a slave named Dred Scott from Missouri who sued for his freedom. His owner, John Emerson, had taken Scott along with him to Illinois which was one of the states that prohibited slavery. Scott’s owner later passed away after returning back to Missouri. After suits and counter suits the case eventually made it to the Supreme Court with a 7-2 decision. Chief Justice Taney spoke for the majority, when saying that Dred Scott could not sue because he was not a citizen, also that congress did not have the constitutional power to abolish slavery, and that the Missouri compromise was unconstitutional. The case is very important, because it had a lot
Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
On 4 April 1968, Dr. Martin Luther King was shot dead in Memphis, Tennessee, where he planned to lead a protest march. The powerful words of MLK was silenced, but almost fifty years later, his ideas are still an inspiration for people who seek peace and justice. Every year it marks MLK day, a United States holiday, with a special meaning to a lot of people around the world. Martin Luther King inspired hundreds of thousands of people in the United States into actions against racism, to end poverty, and for peace.
Alternative Dispute Resolution (ADR) involves dispute resolution processes and techniques that fall outside of the government judicial process. There has been moves against ADR in the past by entities of many political parties and their associates, despite this, ADR has gained inclusive acceptance among both the broad community and the legal profession in past years. In fact, many courts now entail some parties to remedy to ADR of some type, usually mediation, before allowing the parties' cases to be tried. The increasing attractiveness of ADR can be clarified by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to obtain larger control over the selection of the individual or individuals who will decide their dispute.