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State
of Delaware Resources-Part 2
![]()
Anatomy of The Legal System
Introduction To The Judicial system
ANATOMY OF THE JUDICIAL SYSTEM
PRIMARY
SOURCES OF LAW
INTRODUCTION
The Purpose of This Chapter
The
purpose of this chapter is to provide a general introduction to the legal
system and general
principles of law that are universally applicable to the
American judicial system and which are the
foundation of the American system of
jurisprudence. An understanding of the origin and the
foundation of these
legal principles will provide the reader with and under‑standing of the
legal
process and the application of historically evolved legal principles and
the application and influence
of these principles in today's modern legal code system.
The American Judicial System is based on principles that were a part of the
early English
in order to fully understand of the early English common law.
legislative
either in whole or with some modification.
And even today the courts in reaching a
decision or rendering an opinion are
often
heard to say "The common law rule was . . . "
The
primary sources of law of the American judicial system, originate from the United States
Constitution, The Bill
of Rights and the State and federal court interpretations, State Constitution,
Legislative Enactment's and supreme and appellate court decisions interpreting
the provisions.
The underlying basis for the American judicial system is the
English Common Law and its progeny
as adopted by the United States and state court
decisions.
The
Primary sources of law are the United States Constitution , State Constitution
, Federal Statutes,
State Statutes, City and County ordinances Regulatory
Decisions and Administrative Decisions. Local
state and federal legislative
enactment's that infringe on constitutional rights are unconstitutional.
The
primary sources of laws taught in law schools as a specific subjects.
The
United States Constitution
The
United States Constitution is the supreme law of the land and provides
The
legal principles are taught in law
basic protection and guarantees which must be observed in the judicial process. This does not mean that the courts are vigilant to your rights and will make every effort to protect and observe your rights. The contrary is true. The courts today are only minimally concerned with individual constitutional rights and protections.
The trend is to try and minimize and curtail your individual rights and to totally ignore and repress these rights. It is the individual who must be vigilant and insist in his constitutional rights at each and every step of the judicial process and not be easily put off when the courts began to trample on your constitutional rights. You up make every effort within the judicial process to stand up to the judges of the courts and insist on your constitutional rights. If more individuals stood up for their rights ‑it will benefit the entire society and eventually the courts will began to acquiesce to the right of the individual.
The Bill of Rights.
The bill of right s ‑‑ the first ten amendments to the constitution are the primary source of individual rights and protections.
The Legislative Enactment's are categorized into codes. These codes and the Supreme both state and federal and appellate court decisions that interpret them are the primary sources of law. The decisions are the principles of law that are cited as authority in the particular fact situation.
California Codes
Standard Code
The standard codes are the black letter law with out analysis or interpretation. The standard code simply has the code and a brief legislative history.
Annotated Code
The annotated code has either or both commentary and case analysis after the particular code section. The cases interpret the code and give and indication of how the code is applied to various legal fact situations. The annotated code is a useful research tool and a n excellent source of authority to support any issue that depends on the interpretation of a code section or for application or meaning of the code.
SIMPLICITY OF THE JUDICIAL SYSTEM:
This chapter is a brief general discussion regarding the law, general principles of law in the judicial system and society. The judicial system is simply a collection of general principles, statements, documents, procedures and concepts, which are applied in the analysis of any factual or legal set of facts or situation. The only thing a lawyer knows and the only thing that sets him apart from the non lawyer, by virtue of his education is how to define the particular fact situation and apply the relevant legal principles and where to look for answers if he does not have the answer at hand.
The lawyer learns to define and categorize the legal or factual situation to ascertain the applicable legal principles and how to apply them and how to use the law library as a resource.
Legal jargon which the courts and the legal profession perpetuate in self interest mystification is simply the attachment of names and labels to the various principles, procedures, documents and concepts.
STANDARDIZATION OF LEGAL PRINCIPLES:
The practice of law is simply the application of standardized legal principles to particular fact situations. The practice of law is nothing more or less ‑there is no mystery to it ‑ simply the application of standardized rules of law, and standardized principles of law and procedure.
With the aids of this text you will ‑‑in some cases have a superior knowledge to most attorneys and at a minimum have sufficient knowledge to settle your own motor vehicle accident personal injury or property damage claim and protect your legal interest and rights.
THE TWO MAJOR DIVISIONS OF THE LEGAL SYSTEM:
GENERALLY the law is divided into to major categories with sub‑divisions in each major category. The two major categories are substantive and procedural rights.
16
A. SUBSTANTIVE RIGHTS: Civil Code
A substantive right is the basic right to maintain a claim against a person or entity for a violation of an individual right as protected by constitution, statute or case law. It is the right to maintain an action against a person for a violation of the judicially recognized and protected right or interest and is generally denominated a CAUSE OF ACTION. In the California code system generally the common law substantive rights are set forth and codified in the Civil Code.
FOR example a person has the right to be free from the negligence of others and when a person is injured as the result of some one's negligence that person has a cause of action against the negligent person. The right to seek remedy for the wrong is a substantive right.
B. PROCEDURAL RIGHTS: Code of Civil Procedure
Procedural rights is a system of rules and procedures for the processing, prosecution, protection and enforcing a substantive right. Procedural right provide the procedural rules by which a substantive right is formally prosecuted through the formal court process‑ the judicial system. In the California code system the procedural rule are codified in the Code of Civil Procedure.
FIELDS OF LAW:
The two major categories are divided in two what may be called fields of
law. For example substantive rights are divided into such fields of law as property rights, such as contracts and property law and personal rights such as negligence and defamation. there are several others and these two are only cited as examples.
Procedural rights has several categories such as pre trial, motions, trial and enforcement procedures. For example procedural rules determine when a complaint must be formally filed in the court and how that particular is moved along through the court process.
Each of the fields of law will be discussed in detail below throughout this text. The discussion of legal principles in this chapter will relate to the judicial system in general so that the reader will have a working knowledge and an understanding of the legal system.
GENERAL PRINCIPLES OF LAW:
The American system of Jurisprudence is based on general principles of law that developed from the early English common law. General principles of law should be distinguished from statutory regulations and ordinances. Principles of law started out as a solution t a particular case and eventually underwent a mutation to an accepted general principle of law.
The general principles of law evolved historically through the evolution of case law and after the concept was universally recognized and accepted it muted into an established principle. The general principles have a time~e,~s
feature about them in that the same principles that governed the early English common law govern the modern judicial system
HISTORICAL COMMENT ‑ A HISTORICAL PERSPECTIVE TO UNDERSTANDING TODAY'S MODERN LEGAL CODE SYSTEM
The American Judicial is primarily based on the English common law and the principal or precedent and Staire Decisis. The common law was the system of law that existed in England during the thirteenth century. The common law in the was a system of law based on the decision of the courts of law. The decisions became established principles of law and the established decisions were recognized as legal precedents.
To foster the notion of predictability and uniformity and reliance on the law in a developing commercial society, the courts established the principle of Staire decisis When our Fore Fathers, the first settlers came from England, they brought the common law from England with them and it was applied then and is still applied and the foundation of the American legal system.
WHAT IS THE COMMON LAW
The common law was the system of "case law" that developed in England during that country's medieval and renaissance period. The early decisions of the kings courts and the courts of chancery had the effect of and were regarded as the law. These two institutions established general
principles of law regarding individual rights and duties.
A THE KINGS COURTS
The common law developed in the eleventh and twelfth centuries and the common law actions began in with a petition asking the king to interfere and secure justice . this system developed into the system to original writs issued out of chancery, authorizing the kings court to hear the case.
The common law was limited to a restricted form of actions limited established types of cases. The remedy in these established cases was limited to MONETARY DAMAGES. the PROBLEM WITH MONEY DAMAGES IS THAT there are many cases where money damages are not a practical or adequate means of compensation. To meet these special types of cases a different type of court system and relief developed parallel to the courts of law, which were the courts of
EQUITY..
B. THE COURTS OF CHANCERY
The law of equity developed in the kings office of chancery. These special cases were taken to the office of the chancery and eventually the chancery came to be recognized as a separate tribunal or court. The courts of chancery spoke in the name of the king. Since the courts of chancery spoke in the name of the king they could render decisions granting relief other than money damages . The courts could provide specific relief such as commanding a person to dol f
nor to do a particular thing or order specific performance of the contract in certain cases, where the requirements were met, make the wrondoer do what he promised to do ‑ such as a promise to sell a piece of real property; the courts would do what was equitable ‑just or fair. In the modern court system the distinction no longer remain, however to grant relief other than damages the courts still harken back to their equitable powers as established by the common law. The modern court judge will still be heard to say "The court can grant this relief under its equitable power" or an attorney will ask the court to grant a particular relief based on its equitable power.
The defenses of laches, unclean hands and equitable are defenses strictly based on and dependent upon the common law doctrine of equity and the courts common law power of to do equity. If the concept of equity were not viable today there would be almost no legal, rational or logical basis for the court to grant equitable relief.
The claim for damages arising out of an automobile accident of course deals strictly with and has with MONETARY damages. The distinctions are discussed here only to provide the reader with a complete picture of the legal system.
THE JUDICIAL CONCEPTS OF PRECEDENT AND STAIRE DECISIS
The two basic concepts that developed during the common law period are the concepts of Staire Decisis and Precedent which form the foundation
and provide structure and some predictability to the law.
2. The common law developed the concepts of precedent and staire decisis, and the legal doctrine that precedent will not be disturbed.
WHAT IS PRECEDENT
1. PRECEDENT is the doctrine that a previously established legal principle, or rule of law, will be accepted and applied in subsequent decisions of the court that meet the criteria of the legal issue in question.
A DECISION OR DETERMINATION of a point of law made by a court in a case to be followed by a court of the same rank or of a lower rank in a subsequent case presenting the same legal problem, although different parties are involved in the subsequent case. 20 am J2d Cts par 183
WHAT IS STAIRE DECISIS:
1. STAIRE DECISIS is the concept that a prior decision setting forth a rule of law would be followed wherever it applied and another court would not change or overrule that decision but apply it to the facts before the court.
A. STAIRE DECISIS ‑AUTHORITATIVE LEGAL STATEMENTS
B. STAIRE DECISIS ‑ LEGAL DEFINITION 1. The doctrine or principle
that decisions should stand as precedents for guidance in cases
arising in the future. A strong judicial policy that the determination of a point of law by a court will generally be followed by a court of the same or lower rank in a subsequent case which presents the same legal problem, although different parties are involved in the subsequent cases. 20 Am Jur. 2d Cts. 183
STAIRE DECISIS ‑ PRINCIPLE APPLICABLE ONLY TO DECISIONS WITHIN THE STATE:
The decision of a court of one state does not have effect as stare decisis in the court of another state, although it may be considered and even followed by the court of the sister state because its reasoning is persuasive. 20 Am J2d Cts 203.
THEREFORE you can only rely in the decisions of the state of CALIFORNIA AS LEGAL authority within California. You cannot use the legal decision or opinion of ANOTHER STATE TO SUPPORT your position or argument.
STAIRE DECISIS ‑ THIS Rigid PRINCIPLE IS IN RARE INSTANCES IS SUBJECT CHANGE:
9
Even this rigid principle is subject to change, interpretation, modification, and re analysis on rare occasions and if the court may be persuaded to change a particular rule or principle of law. This is rare. The change by the court is usually a political decision influenced by political motives and interests.
STAIRE DECISIS ‑ STANDARDS BY WHICH A COURT WILL NOT BE BOUND
BY A PRIOR DECISION:
1. While even a single adjudication of the court, upon a question properly before it, is not to be questioned or disregarded except for the most cogent reasons, and then only in a case where it is plain that the judgment was the result of a mistaken view of the condition of the law applicable to the question, the doctrine of stare decisis is not without exceptions. It does not apply where it can be shown that the law has been misunderstood or misapplied, or where the former determination is evidently contrary to reason. Rumsey v New York & New England Railway Co. 133 NY 79, 30 NE 654.
A3 APSL TEXT2 MCIICI * PM*BLK DISK YEL LAB/ZIPJRVHDTRANSFER
20
PROCESS FOR SERVING
COPIES TO THE OTHER PARTY
1. YOU ARE
RESPONSIBLE FOR ARRANGING TO HAVE SOMEONE SERVE COPIES OF EVERYTHING YOU HAVE
FILED TO THE OTHER PARTY. YOU CANNOT SERVE THE PAPERS YOURSELF. YOU MUST HAVE
ANYONE WHO IS 18 OR OLDER AND NOT LISTED ON THESE PAPERS DELIVER A COPY OF ALL
THE PAPERS YOU HAVE FILED TO THE OTHER SIDE.
2. COPIES MUST BE
DELIVERED TO THE OTHER PARTY AT LEAST 15 DAYS BEFORE THE COURT HEARING THAT IS
SET UNLESS NOTED OTHERWISE ON YOUR PAPERWORK. YOUR COURT DATE WILL BE SET
WITHIN 25 DAYS FROM THE DATE YOU FILE YOUR PAPERWORK, SO THIS WILL GIVE YOU
APPROXIMATELY 10 DAYS (GIVE OR TAKE A FEW DAYS) TO FIND THE OTHER PARTY TO
HAVE THEM SERVED.
3. IF
YOU HAVE A VALID FEE WAIVER, THE CONTRA COSTA COUNTY SHERIFF'S DEPARTMENT
(CIVIL DIVISION) WILL SERVE YOUR PAPERS FOR YOU. YOU MUST FILL OUT A FEE
WAIVER APPLICATION AND QUALIFY IN ORDER TO USE THIS PROCESS. IF YOU DO NOT
QUALIFY FOR A FEE WAIVER, THE SHERIFF'S DEPARTMENT WILL NOT SERVE THE PAPERS
FOR YOU. IF YOU WOULD LIKE THE SHERIFF'S DEPARTMENT TO SERVE THE PAPERWORK,
YOU MUST GO TO THE FOLLOWING ADDRESS BETWEEN THE HOURS OF 8AM AND 2PM MONDAY
THRU FRIDAY:
SHERIFF'S CIVIL DIVISION
3018 WILLOW PASS ROAD, CONCORD, CA
YOU MUST BRING THE FOLLOWING TO THAT OFFICE:
1 COPY OF YOUR VALID FEE WAIVER
1 BLANK RESPONSIVE DECLARATION
3 SETS OF ALL PAPERS YOU HAVE FILED (TRO, ETC)
WHEN THE SHERIFF'S DEPARTMENT SUCCESSFULLY SERVES THE
OTHER PARTY, THEY WILL PREPARE A "PROOF OF SERVICE" AND FORWARD THE
ORIGINAL TO THE COURT SO WE KNOW THAT THE OTHER PARTY HAS BEEN PROPERLY
SERVED.
4. IF IT IS NECESSARY FOR SOMEONE OTHER THAN THE SHERIFF'S DEPARTMENT TO SERVE YOUR DOCUMENTS, YOU MUST MAKE SURE THAT A COMPLETED "PROOF OF SERVICE" IS RETURNED TO THE COUNTY CLERK'S OFFICE FOR FILING AT LEAST 5 COURT DAYS BEFORE THE HEARING. WHO EVER SERVES THE OTHER PARTY MUST FILL OUT #'S 2., 3., 4., & 5. ON THE PROOF OF SERVICE FORM. THEY MUST DATE IT, PRINT THEIR NAME AND SIGN THE FORM. YOU MUST THEN FILL OUT THE REST OF THE FORM. YOU MUST THEN MAKE COPIES OF IT AND BRING IT BACK TO THE COUNTY CLERK'S OFFICE TO FILE.
5. IF THE PROOF OF SERVICE IS NOT IN THE COURT FILE ON
THE DATE OF THE HEARING, THE COURT CANNOT PROCEED AND HAKE FURTHER ORDERS. IT
IS VERY IMPORTANT THAT YOU GET THIS BACK TO
THE COUNTY CLERK'S OFFICE
6. YOU MUST DELIVER A FILE STAMPED COPY OF THE PROOF OF
SERVICE TO ANY AREA POLICE DEPARTMENTS THAT HAVE A COPY OF THE TRO SO THEY
ALSO KNOW THAT THE OTHER PARTY HAS BEEN PROPERLY SERVED.
7. THERE IS NO FEE CHARGED IN FILING THE PROOF OF
SERVICE.
8. SHERIFF'S RECORDS WILL ACCEPT COPIES OF TRO'S FOR
INFORMATION ONLY. THEY DO NOT SERVE PAPERS OR HAKE ARRANGEMENTS TO DO SO.
THE ADDRESS TO THIS DEPARTMENT IS:
651 PINE STREET 1ST FLOOR,
NORTH WING (LEFT SIDE OF BLDG)
MARTINEZ, CA
9. ALL THE FORMS REFERRED TO ON THE SHEET ARE INCLUDED IN
THE PACKET OF FORMS THAT YOU PURCHASED FROM THE CLERK'S OFFICE. IF YOU NEED
MORE, YOU MAY PURCHASE THE FORMS SEPARATELY IN THE COUNTY CLERK'S OFFICE.
CALIFORNIA
PROCEDURE
VOLUME FIVE
CHAPTER
IV ACTIONS CONDENSED OUTLINE
DETAILED OUTLINE I. INTRODUCTION
A. Judicial Remedies.
1. [§ 1] Judicial and Legislative Acts Distinguished.
2. [§2] Nature of Judicial Remedy.
3. Judicial Remedy Where None Prescribed by Statute. (a) [§3] Statutory Declarations. (b) [§4] Obligation May Be Enforced.
4
(c) [§5] Remedy for Every Wrong. (d) [§6] Court May Devise Procedure.
4. Statutory Remedy Exclusive.
(a) [§7] General Rule.
(b) Exceptions: Where Other Remedies Allowed.
(1) [§ 8] Preexisting Right.
(2) [§9] Statutory Remedy Inadequate.
(3) [§ 10] Quia Timet Relief.
B. Actions and Special Proceedings.
1. Nature of Action.
(a) [§11] Definition and Distinctions.
(b) [§ 12] Classification of Actions.
2. Nature of Special Proceeding.
(a) [§ 13] Distinguished From Action.
(b) [§ 14] Statutory Classes.
(c) Similarities and Differences in Procedure. (1) [§15] General Policy of Uniformity. (2) [§ 16] Principal Differences.
C. Civil, Griadnal, and Quasi‑Crinunal Proceedings.
1. [§ 17] Civil and Criminal Actions.
2. [§ 18] Contempt.
3. [§ 19] Forfeiture Proceedings.
4. [§20] Escheat Proceedings.
5. [§21] Juvenile Court Proceedings. ‑‑
6. Habeas Corpus.
(a) [§22] In General.
(b) [§23] Distinction: Collateral Attack on Judgment in Adoption Case.
7. [§24] Coram Nobis.
8. [§25] Mandamus.
9. [§26] Peace Bond Proceeding.
10. [§27] Administrative Disciplinary Proceedings.
5
(c) [§5] Remedy for Every Wrong.
(d) [§6] Court May Devise Procedure.
4. Statutory Remedy Exclusive.
(a) [§7] General Rule.
(b) Exceptions: Where Other Remedies Allowed.
(1) [§8] Preexisting Right.
(2) [§9] Statutory Remedy Inadequate.
(3) [§ 10] Quia Timet Relief.
B. Actions and Special Proceedings.
1. Nature of Action.
(a) [§ 11] Definition and Distinctions.
(b) [§ 12] Classification of Actions.
2. Nature of Special Proceeding.
(a) [§ 13] Distinguished From Action.
(b) [§ 14] Statutory Classes.
(c) Similarities and Differences in Procedure. (1) [§15] General Policy of Uniformity. (2) [§ 16] Principal Differences.
C. Civil, Criudnal, and Quasi‑Criminal Proceedings.
1. [§ 17] Civil and Criminal Actions.
2. [§ 18] Contempt.
3. [§ 19] Forfeiture Proceedings.
4. [§20] Escheat Proceedings.
5. [§21] Juvenile Court Proceedings. ‑‑
6. Habeas Corpus.
(a) [§22] In General.
(b) [§23] Distinction: Collateral Attack on Judgment in Adoption Case.
7. [§24] Coram Nobis.
8. [§25] Mandamus.
9. [§26] Peace Bond Proceeding.
10. [§27] Administrative Disciplinary Proceedings.
5
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D. Civil Commitment and Related Proceedings.
1. [§28] Trial of Present Competence of Defendant.
2. Commitment Under Lanterman‑Petris‑Short Act.
(a) Mentally Disordered Person. (1) [§29] Nature of Act. (2) [§30] Detention for Observation and Evaluation. (3) [§31] Certification for Intensive Treatment. (4) [§32] Right to Counsel and Habeas Corpus. (5) [§33] Postcertification Commitment. (6) [§34] Antipsychotic Medication. (7) [§35] Civil Rights of Patient. (8) [§36] Constitutional Rights of Patient.
(b) [§37] Alcoholic.
(c) [§38] User of Controlled Substance.
3. [§39] Commitment Under Children's Civil Commitment and Mental Health Treatment Act.
4. Judicial Commitments.
(a) [§40] Narcotic Addict.
(b) Mentally Retarded Person. (1) [§41] In General. (2) [§42] Procedure. (3) [§43] Civil Rights of Patient.
(c) [§44] Juvenile Court Ward.
(d) [§45] Sexually Violent Predator.
5. Conservatorship of Gravely Disabled Person.
(a) [§46] In General.
(b) [§47] Factors That Preclude Finding of "Gravely Disabled."
(c) [§48] Constitutionality of "Gravely Disabled" Classification. Procedure. (1) [§49] In General.
6
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(2) [§50] Investigation and Report. (3) [§51] Hearing. (4) [§52] Representation by Counsel. (5) [§53] Right to Jury Trial. (6) [§54] Habeas Corpus. (7) [§55] Physical Restraint of Conservatee. (8) Standard of Proof.
(aa) [§56] General Rule: Beyond Reasonable Doubt.
(bb) [§57] Exceptions: Preponderance of Evidence. (9) [§58] Exclusionary Rule Inapplicable. (10) [§59] Appeal.
(e) [§60] Powers and Duties of Conservator.
6. Protection of Developmentally Disabled or Mentally Ill Persons.
(a) [§61] In General.
(b) [§62] Protection and Advocacy Agency.
(c) [§63] Immunity of Agency and Employees.
E. Survival or Abatement of Actions.
1. Survival After Death of Plaintiff or Defendant.
(a) [§64] Nature of Topic.
(b) [§65] Former Law: Survivable Claims.
(c) [§66] Former Law: Nonsurvivable Claims.
(d) [§67] Current Rule of Survivability.
(e) Limitations on Recovery. (1) [§68] Statutory Rule and Exceptions. (2) [§69] Illustration.
2. [§70] Abatement of Family Law Actions.
3 . Abatement by Statutory Repeal.
(a) [§71] Repeal of Jurisdictional Statute.
(b) [§72] Repeal of Statute Creating Cause of Action.
7
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F. Necessity of Justiciable Controversy.
1. In General.
(a) [§73] General Principles.
(b) [§74] Illustration: Standing and Ripeness.
2. No Actual Controversy.
(a) [§75] In General.
(b) [§76] Challenge to Administrative Regulations.
(c) Distinctions and Exceptions. (1) [§77] Friendly Suit. (2) [§78] Declaratory Relief and Agreed Case. (3) [§79] Public Interest in Question. (4) [§80] Hardship to Parties. (5) [§81] Concealment Not Bar to Determination.
3. Moot Case.
(a) [§82] What Constitutes Moot Case.
(b) Distinctions and Exceptions. (1) [§83] Substantial Issue Remaining. (2) [§84] Public Interest in Question. (3) [§85] Moot Case on Appeal. (4) [§86] Mootness Not Jurisdictional.
4. Political Controversies.
(a) [§87] General Rule.
(b) [§88] Act of State Doctrine.
5. Ecclesiastical Controversies.
(a) [§89] Church Policy: Jurisdiction Declined.
(b) [§90] Common Law Torts in Performance of Church Functions.
(c) [§91] Determination of Civil or Property Rights.
G. Conflict of Laws.
1. [§92] Nature of Conflict of Laws Doctrines.
8
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2. [§93] Second Restatement.
3. [§94] Governmental Interest Approach.
4. [§95] Distinction Between Substance and Procedure.
5. [§96] Procedural Matters.
6. Substantive Matters in Procedural Form. (a) [§97] Parol Evidence Rule. (b) [§98] Statute of Frauds. (c) Measure of Damages.
(1) [§99] In General.
(2) [§ 100] Limitation on Amount Recoverable. (d) [§101] Direct‑Action Statute.
7. [§ 102] Survival or Abatement.
8. Statute of Limitations. (a) General Rule: Law of Forum Governs.
(1) [§103] Traditional Substance‑Procedure Approach.
(2) [§ 104] Modern Approach.
(3) [§ 105] Constitutionality of Rule. (b) Exceptions.
(1) [§106] The "Borrowing Statute."
(2) [§ 107] Limitation on Substantive Right.
(3) Limitation in Federal Statute.
(aa) [§ 108] Federal Statute Without Express Limitation. (bb) [§109] Federal Statute With Express Limitation.
(4) [§ 110] Action on Revived Judgment.
(5) [§111] Limitation Shortened by Contract.
I FORMS OF ACTION
A. [§112] Present Importance of Distinctions.
B. Legal and Equitable Actions.
1. [§ 113] Distinction.
9
2. Tests.
(a) [§ 114] Historical Basis of Right.
(b) [§115] Nature of Relief Sought.
(c) [§ 116] Defendant's Pleading.
(d) Matters Not Controlling.
(1) [§ 117] Label or Designation.
(2) [§ 118] Cause of Action or Governing Principles.
(3) [§119] Prayer.
3. Equitable Actions.
(a) [§120] Actions Arising Out of Contract.
(b) [§121] Actions Arising Out of Tort: Injunctions.
(c) [§122] Action Involving Trust, Mortgage,
Equitable Lien, or Charge.
(d) [§123] Miscellaneous Actions.
4. [§124] Legal Action for Restitution.
5. Actions Based on Fraud. (a) [§125] Legal Relief Sought. (b) [§126] Equitable Relief Sought.
6. Actions To Quiet Title. (a) [§127] Nature of Problem. (b) [§128] Basic Action Equitable. (c) [§129] When Action Legal.
7. Actions Involving Both Legal and Equitable Issues. (a) [§130] Plaintiffs Demand. (b) [§131] Defendant's Demand.
(c) [§132] Damage Award Where Equitable Relief Unwarranted or Unobtainable.
(d) [§133] One Issue Incidental.
C. Contract and Tort Actions.
1. [§ 134] Distinction.
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2. Contract Actions.
(a) [§ 135] Quasi‑Contract or Other Implied
Obligation.
(b) [§ 136] Action on Judgment.
(c) [§ 137] Unlawful Detainer Proceeding.
3. [§ 138] Action To Enforce Statutory Liability.
4. Alternative Tort or Contract Actions.
(a) [§ 139] Nature of Problem.
(b) Election Allowed: Tort Actions.
(1) [§140] Breach of Legal Duty Arising Out of Contract.
(2) Breach of Contract as a Tort.
(aa) [§ 141] In General.
(bb) [§142] Insurer's Wrongful Failure To Settle.
(cc) [§ 143] Insurer's Wrongful Refusal To Pay.
(dd) Wrongful Discharge of Employee in Violation of Public Policy.
(i) [§ 144] Tameny Doctrine.
(ii) [§ 145] Limitations on Tameny Doctrine.
(ee) [§ 146] Breach of Warranty of Habitability.
(3) [§ 147] Strict Tort Liability of Manufacturer or Dealer.
(4) Fraud in Inducement of Contract.
(aa) [§ 148] Enforceable Contract.
(bb) [§ 149] Illegal Contract. (cc) [§ 150] Contract in Violation of Statute of Frauds.
(5) [§151] Inducing Breach of Contract.
(c) Election Allowed: Contract and Quasi‑Contract Actions.
11
AcrioNs
(1) [§ 152] Fraud in Inducement of Contract. (2) Intentional Tort Violating Contract.
(aa) [§ 153] Conversion or Misappropriation.
(bb) [§ 154] Wrongful Eviction by Landlord.
(cc) [§155] Wrongful Expulsion of Union Member.
(dd) [§ 156] Insurer's Refusal To Settle.
(ee) [§ 157] Fraudulent Breach of Contract. (3) Negligent Violation of Contract.
(aa) [§158] Election Allowed To Permit Recovery.
(bb) [§159] Election Allowed To Defeat Recovery. (4) [§160] Waiver of Tort and Suit in QuasiContract.
(d) Denial of Contract Action for Negligence. (1) [§ 161 ] Theory and Illustrations. (2) [§ 162] Analysis and Criticism.
(e) Denial of Tort Action. (1) [§ 163] False Promise in Unenforceable Contract. (2) [§ 164] Wrongful Discharge of Employee. (3) Bad Faith Denial That Contract Exists.
(aa) [§ 165] Former Rule Allowing Election.
(bb) [§ 166] Current Rule Denying Tort Action.
5. Alternative Contract or Quasi‑Contract Actions.
(a) [§ 167] Contract Actions Against Same Person.
(b) [§ 168] Contract Actions Against Different Persons.
(c) [§ 169] Quasi‑Contract Actions.
6. Alternative Tort Actions.
(a) [§ 170] Torts to Property.
12
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| Searched the web for us+Bill+of+rights+second+amendment. | Results 101 - 110 of about 374,000. Search took 0.19 seconds. |
TRUST THE PEOPLE: THE CASE
AGAINST GUN CONTROL
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WHITE CARD‑CLIENT WORK SHEET ‑‑‑ACTIVE FILE ‑‑DATE Of ACCIDENT
LCLIENT NAME :..._...._ ... ...__ 2:DATE OF ACCIDENT:
3.CLIENT TELEPHONE NOS.:HOME WORK
4.CLIENT ADDRESS: ZIPCODE
5.CLIENT INSURANCE CO.NAME:
ADDRESS
TELEPHONE
NAME OF ADJUSTOR FILE/CLAIM NO:
6.DEFENDANT INSURANCE CO.NAME
ADDRESS
TELEPHONE NO:
NAME OF ADJUSTOR: FILE/CLAIM NO:
7.TREATING DOCTOR NAME: TELEPHONE NO:
_
ADDRESS:
MEDICAL REPORT:NEED REPORT ( ) REPORT RECEIVED ( )
MEDICAL BILLING:NEED BILLING ) BILLING RECEIVED ( )
8.HOSPITAL /EMERGENCY:‑
ADDRESS TELEPHONE
RECORDS: WAITING FOR RECORDS: RECORDS RECEIVED
BILLING: WAITING FOR BILLING: BILLING RECEIVED ( )
PERSON TO CONTACT:NAME TEL:
9.CLIENT EMPLOYER NAME:
ADDRESS
TEL NO.: PERSON TO CONTACT
WAGE LETTER SENT( ) WAITING FOR WAGE LOSS LETTER ( )
WAGE LOSS LETTER RECEIVED ( )
l0.CAR REPAIR: INSURANCE CO WANTS TO SEE CAR YES( ) NO
DESCRIPTION OF CAR:YEAR: MAKE MODEL COLOR
LOCATION OF CAR
CLIENT/FRIEND RESIDENCE
REPAIR SHOP__ ___ ____.___ ..... m_.___ _____ ~ . _.w.__.___ _ .. ~ .. _
TOWING COMPANY
11.CAR RENTAL PRIVATE/COMMERCIAL 12.HOUSEKEEPING SERVICES INCURRED YES ( ) NO l
NAMES/ADDRESSE& w .m.,_.___.____~m‑‑‑._‑~ ‑‑‑‑
13.WITNESS STATEMENT:NO WITNESSES ( )STATEMENT NECESSARY ( )
INSURANCE CO.WANTS STATEMENT ( ) UNABLE TO OBTAIN STATEMENT ( )
14.POLICE REPORT‑‑AGENCY NAME LAPD/CHP/ETC OBTAINED‑YES / NO
POLICE REPORT PREPARED YES / NO ***(15) WAITING FOR BAD FAITH WORKUP(
WHITE CARD/WORKSHEET‑DISS‑WORK‑2/87‑REV
Legal References
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| Category: Regional > North America > ... > Louisiana > Business and Economy > Employment |
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CARTA
DE DERECHOS CONSTITUCION DE LOS
ESTADOS UNIDOS DE AMERICA
Enmienda
I
El
Congreso no promulgard ley alguna que se refiera al establecimiento de una
religion o que prohiba el
Enmienda
II
Siendo necesaria para la seguridad de un Estado libre una Milicia bien
reglamentada, el derecho de las personas a poseer y portar Armas no serd
infringido.
Enmienda
III Ningitn Soldado serd acuartelado en casa alguna en tiempo de paz sin
consentimiento del Propietario, ni tampoco to serd en tiempo de guerra, salvo
como to prescriba la ley.
Enmienda
IV No se violard el derecho de las personas a su seguridad individual, a la de
sus domicilios, documentos y bienes contra allanamientos y confiscaciones
injustificados, y no se emitirdn drdenes judiciales, salvo bajo causa probable,
sustentada bajo juramento o declaracidn, y que describa en especial el lugar a
ser allanado, y las personas a objetos a ser aprehendidos.
Enmienda
V Ninguna persona se verd obligada a dar cuenta de un delito capital o infame,
excepto por denuncia o acusacion de un Gran jurado, a no ser en casos que
provengan de las fuerzas terrestres o maritimas, o de la Milicia, durante el
servicio activo en tiempo de Guerra o de peligro publico; ni persona alguna serd
procesada mds de una vez por el mismo delito que pudiere poner en peligro su
vida y persona; ni se le obligard en ningun caso criminal a ser testigo contra
si misma, ni se le privard de su vida, libertad o posesiones, sin el debido
proceso legal; ni se le expropiardn sus bienes para use publico sin justa
indemnizacion.
Enmienda
VI En todos los procesos criminales, el acusado gozard del derecho a un juicio
pitblico y pronto, con un jurado imparcial del Estado y jurisdiccion donde el
crimen fue cometido, jurisdiccion que sera previamente determinada por la ley, y
a ser informado de la indole y causa de la acusacion; a ser confrontado por los
testigos hostiles; a un procedimiento obligatorio para obtener testigos a su
favor, y a contar con Asesoria Legal para su defensa.
Enmienda
VII
En
pleitos de derecho consuetudinario, en los cuales el valor en disputa excede los
veinte dolares, se preservard
.
el derecho a juicio con jurado, y ningun dato sometido al jurado sera
reexaminado por ninguna Corte de
los
Estados Unidos, salvo de conformidad con las leyes del derecho consuetudinario.
..
Enmienda VIII
.No
se requerird fianza excesiva, ni se impondrdn multas excesivas,
ni
se infligirdn castigos crueles a insolitos.
Enmienda
IX La enumeracion en la Constitucion de ciert'os derechos, no se interpretard
para negar o menoscabar otros derechos que pertenecen a las personas.