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Nye Frank

CIV PRO OUTLINE - 0 views

shared by Nye Frank on 31 Dec 09 - Cached
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    This is the html version of the file http://students.law.ucdavis.edu/LSA/files/outlines/Civ%20Pro%20-%20Unknown%20-%200203.doc. Google automatically generates html versions of documents as we crawl the web. CIV PRO OUTLINE As of 5/1 1. WHAT'S CIVIL PROCEDURE? 1. Prescribes and administers process for enforcing rights and duties specified in substantive law 2. EVOLUTION OF CIVIL PROCEDURE (pgs. 18-32) 1. Significant Anglo-Saxon institutions at time of conquest: 1. Crown 2. Local tribunals 1. Slow and uncertain in operation 2. Earliest forms of royal intervention 1. Executive 2. Administrative 3. Writ 1. Written directive from king to royal official/to individual/group of individuals ordering addressees to do/refrain from doing designated act 2. Procedural steps by which prosecuted not uniform 3. Praecipe 1. Executive command made without inquiry 4. Novel disseisin/querela 1. Derived from procedure in which judicial inquest of complaints heard first and then executive action followed 4. king's direct entertainment of complaints of subjects 3. Early evolution of royal courts 1. Medieval central government 1. King's court/curia regis 2. Why separate branches? 1. Administrative necessity for orderly record keeping 2. Historical fact that early Plantagenet kings had domains in France that were more important to them than England and which required their presence on continent for long periods of time (king absent a lot) 4. Common law procedure 1. Background of all medieval litigation was hope of bringing parties to some sort of voluntary accord
Nye Frank

elder abuse - 0 views

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    This is Google's cache of http://www.ncea.aoa.gov/ncearoot/main_site/Library/CANE/CANE_Series/CANE_FinancialExploitation.aspx. It is a snapshot of the page as it appeared on Jun 27, 2010 13:10:27 GMT. The current page could have changed in the meantime. Learn more Text-only versionThese search terms are highlighted: financial elderly person includes constitute property crimes regardless age victim california These terms only appear in links pointing to this page: exploytation acts thin includes U.S. Administration on Aging Home NCEA E-News State Resources Calendar About NCEA What We Do NCEA Partners NCEA Initiatives Find Help Help Hotline ElderCare Locator Find State Resources Resources for Families Adult Protective Services FAQ's Frequently Asked Questions Basics Resource for Professionals Nursing Home Abuse Resources Community Outreach Newsletter NCEA Listserve Online Links Promising Practice Library CANE Publications Events & Webcast Laws Statistic & Research Training Library Abuse Statistics Survey, Reports & Testimonies Research Briefs & Agenda National Incident Study Home > Library > CANE Printer Friendly Text Size: T T T Financial Exploitation of the Elderly: An Update of the Literature Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds, scams and identity theft, at the hands of strangers as well as loved ones, not only in the United States, but throughout the world. As technology advances, perpetrator
Nye Frank

Federal Rules of Civil Procedure - 0 views

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    le 12. Defenses and Objections - When and How Presented - by Pleading or Motion - Motion for Judgment on the Pleadings 1. Defendant shall answer within 20 days of service or, if service was waived, within 60 days after request for waiver was sent 2. Every defense shall be asserted in the responsive pleading except that the following defenses may be made by motion: 1. Lack of jurisdiction over subject matter 2. Lack of jurisdiction over person 3. Improper venue 4. Insufficiency of process 5. Insufficiency of service of process 6. Failure to state a claim upon which relief can be granted 7. Failure to join a party under Rule 19 Ü If (6) is asserted and matters outside the pleading are consider, goes to Rule 56, summary judgment. 3. Judgment on the Pleadings - mainly used by Π when Δ's responsive pleading doesn't dispute Π's claim 7. Consolidation of Defenses in Motion - If a Rule 12 motion is made, any defense or objection is waived unless exception in (h)(2) 8. Waiver or Preservation of Certain Defenses
Nye Frank

http://www.diigo.com/post?url=http://search.universalclass.com/fastcgi/search... - 0 views

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    Join Now | Sign In | Shopping Cart Areas of Study Home Course Catalog A-Z List Teach Online My Transcript My Classes Accounting Alternative Medicine Arts and Photography Business Career Training Computers & Tech Cooking Crafts & Hobbies Entrepreneurship Finance GED Training General Education Health & Medicine History Home and Garden Homeschooling How To / Do It Yourself Industrial Technology Language Arts Law/Legal/Criminal Mathematics Medical Billing New Age Office Skills Parenting and Family Performing Arts Personal Care Pet and Animal Care Psychology Real Estate Reference Religious Studies Science Self-Help Social Work Special Education Spiritual Studies Staff Picks Teacher Tools Terminology Test Preparation Web Development Writing Skills New Courses WELCOME!VIEW COURSE LISTINGFAQs FAQs What are the technical requirements? Will I get a certificate at course completion? What are CEUs? Why is this class so cheap? Is there an instructor available to answer questions? How many hours will it take to complete this course? How long do I have to complete this course? What happens if I need more time to complete this course? Are there any additional costs? Do I need to buy any textbooks? Is this cost per lesson, per session, or for the entire course? Do you have a Demo Class I can try? What is your refund policy? I'm enrolling several students. How do I get a group discount? How can my school/company integrate UniversalClass™ courses? More Frequently Asked Questions...TOP 20 SEARCHES TOP 20 SEARCHES 1. accounting 2. medical terminology 3. psychology 4. medical billing 5. creative writing 6. basic writing 7. grammar and punctuation 8. spelling 9. science courses 10. shorthand 11. business 12. vocabulary 13. marketing 14. professional organizer 15. ms excel 16. event planning 17. american revolution 18. conflict resolution 1
Nye Frank

742 F.2d 371 - 0 views

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    "The uncontested facts show that Evans cannot satisfy the requirement of "affirmatively prov[ing] prejudice." It is inconceivable to us, and not merely improbable as in Henderson v. Morgan, 426 U.S. 637, 644 n. 12, 96 S.Ct. 2253, 2257 n. 12, 49 L.Ed.2d 108 (1976), that Evans would have gone to trial on a defense of intoxication, or that if he had done so he either would have been acquitted or, if convicted, would nevertheless have been given a shorter sentence than he actually received. It just is not believable that Evans did all the things he does not deny having done, involving elaborate negotiations with the police over several hours, in some sort of alcohol-induced trance. In this respect the present case resembles Morgan v. Israel, 735 F.2d 1033 (7th Cir.1984). In evaluating the voluntariness of Morgan's failure to plead not guilty we said, "It is sufficiently clear that Morgan had no hope at all of an acquittal to enable us to infer that he would not have changed his plea to not guilty .... He admitted having shot Mallason; and when you shoot a person several times, with fatal results, the inference of deliberate homicide is irresistible .... The jury never would have believed that he lacked the ... elementary mental capacity required to form a murderous intent...." Id. at 1036. So here, no jury could have believed that Evans was not acting deliberately when he did all the things he did in the police station. Therefore, being told that if he had not been acting deliberately he would have been acquitted of some of the offenses with which he was charged could not have led him to change his plea and to win acquittal."
Nye Frank

Home elder law - 0 views

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    Desktop 1Web Images Videos Maps News Shopping Gmail more ▼Books Finance Translate Scholar Blogs YouTube Calendar Photos Documents Reader Sites Groups even more » racingnyefrank@gmail.com | Web History | Settings ▼ | Sign outSearch settings Google Account settings Google Advanced Search WebHide optionsShow options... Results 1 - 10 of about 87,500 for PROCEDURAL REQUIREMENTSA. California Government CodeB. Federal Civil Rights Actions. (0.62 seconds) Search Options › All results Images Videos News Blogs Updates Books Discussions › Any time Latest Past 24 hours Past week Past year › Specific date range From: To: ex: 5/23/2004 › All results Social Nearby › All results Visited pages Not yet visited › Standard view Related searches Wonder wheel Timeline › Standard results Images from the page Fewer shopping sites More shopping sites Page previews Translated searchDid you mean: PROCEDURAL REQUIREMENTS. California Government Code. Federal Civil Rights Actions Search ResultsDisability Laws and Regulations | California Disability Access ...The Unruh Civil Rights Act provides protection from discrimination by all business ... based on disability include California Civil Codes Sections 54 through 55.2 .... action and prohibits employment discrimination by Federal government ... Section 508 established requirements for electronic and information ... www.disabilityaccessinfo.ca.gov/lawsregs.htm - Cached - Similar Federal Rules of Civil Procedure - Wikipedia, the free encyclopediaThe Federal Rules of Civil Procedure (FRCP) govern civil procedure (i.e. for civil ... In addition to notice pleading, a minority of states (e.g., California) use an ... Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain .... Chapter VI deals generally with the trial of civil actions, ... en.wikipedia.org/wiki/Federal_Rules_of_Civ
Nye Frank

Criminal Law/ New Trial/ Jurors/ Judicial Authority-Discretion/ Juries/ Constitutional ... - 0 views

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    Criminal Law/ DNA Testing/ Plea Withdrawal/ Ineffective Assistance Of Counsel/ Evidence State v. Wingo Docket: 2007AP001803 08-12-08 PER CURIAM. Andre Derrick Wingo appeals from an order denying his postconviction motions. The issues are whether Wingo is entitled to: (1) postconviction deoxyribonucleic acid ("DNA") testing; (2) withdrawal of his Alford plea to third-degree sexual assault; and/or (3) a new trial for trial counsel's ineffectiveness for failing to conduct discovery, and because of newly discovered evidence. We conclude that Wingo is not entitled to postconviction relief because: (1) there is not now and never was any physical evidence to test; (2) neither the absence of physical evidence nor the collateral consequence of sex offender registration constitutes a manifest injustice necessary for post-sentence plea withdrawal; and (3) trial counsel was not ineffective for failing to discover nonexistent physical evidence when the prosecution against Wingo depended upon the testimony of Wingo's former girlfriend, and the lack of physical evidence does not constitute newly discovered (non)evidence. Therefore, we affirm.
Nye Frank

racingnyefrank - 0 views

  • Fargo's claims were barred by Daniels, 474 U.S. 327 , because the officer's conduct, at most, constituted mere negligence. We rejected that argument, holding that 'grossly negligent or reckless official conduct that infringes upon an interest protected by the Due Process Clause is actionable underS 1983.'
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