recoverable by a successful party at the Small Claims Court? The judge will typically award as costs the court fees (filing fee, set-down fee) and a preparation fee. Generally speaking, the winning party is entitled to have his or her reasonable disbursements paid by the losing party. If a party is represented, the court may also award the party a reasonable representation fee at trial. Under s. 29 of the Courts of Justice Act, an award of costs in the Small Claims Court, other than disbursements, cannot
conditions, and if it is necessary, they will repair or replace the product within a specified period of time. The case states that the plaintiffs’ vehicles are covered with an express or basic warranty. In the article “Breach of Warranty Cases in Small Claims Court,” Ralph Warner says that express warranty is the promise that a manufacture or retailer gives the buyer in a written statement to maintain the performance of the product. In this case a promise
The Small Claims Procedure The small claims procedure is regulated by RSA 503 in 1973. It is a simple, speedy, and informal method by which an individual appears before a judge of the district or municipal court, presents his or her claim, and explains why another person or business owes money to him or her. Small Claims Court can award up to $5000 in damages (larger claims can be heard, but the maximum that can be awarded is $5000). Although not required in Small Claims Court, any persons
) NOTICE OF APPEAL Notice is hereby given that Noel Nonesuch hereby appeals to the United States Court of Appeals for the Middle Circuit from the final judgment entered in this action on the 2nd day of January, 2014. Filed: January 4, 2014 _________________________________ Attorney for Noel Nonesuch, Plaintiff (NOTE: The appeal is pending before the United States Circuit Court for the Middle Circuit. The docket number assigned to this case on appeal is: 14-12)
Summary The Ward versus Polite case came to the Sixth Circuit United States Court of Appeals in 2011. The appellate case results from the 2010 lawsuit which the plaintiff lost. Both cases involve a self-professed Christian student, Julea Ward, in her third year of the Eastern Michigan University School Counseling program in 2009. As part of the program, all students are required to work at the university’s counseling center for 100 hours. Mrs. Ward was presented with a case file in which a student
Comparable Worth Comparable worth is a policy that women performing jobs judged to be equal on some measure of inherent worth should be paid the same as men, excepting allowable differences, such as seniority, merit, productive based pay plans, and other non-sex related factors. Objective is to eliminate use of the market in setting wages for jobs held by women (Milkovich, Newman, & Gerhart, 2014). This conflicts with the free market framework, in which businesses attempt to pay workers as meager
Pollan essay ("Why Mow? . . .) 1] What is a "lawn dissident"? Dissident described in a dictionary is someone that actively challenges rules or doctrine. Lawn dissident in this article is a person who is challenging the policies that everyone has to have the same looking lawn just because someone of the authority says that thats the way it supposed to be. 2] What do you think of the father's response to the neighbor who asked (on behalf of the community) that he mow his lawn? What did he do, and
Overview In July 2003, Sheriff’s Deputy Todd Shanks of Multnomah County Oregon was performing a routine traffic stop on a vehicle driven by William Barrett. During this stop, Shanks arrested Barrett because of an outstanding warrant and then searched the car. A pressure-cooker found in the trunk was believed to be used in the making of methamphetamine. Barrett informed Shanks that the owner of the pressure-cooker was “Gunner Crapser,” and that he could be found at the Econolodge Motel in a room registered
states The Constitutional Court, the Supreme Court of Appeal and the High Courts have the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice. Civil procedure as applied in the superior courts does not depend solely on statutory provisions and the rules of court. Because of this, the superior courts are sometimes said to exercise an ''inherent jurisdiction''. This refers to the superior courts may do anything that the
Recall our two types of trial courts (inferior and superior), the Small Claims Court is generally an inferior court whose judges are appointed by the provincial government. As a branch of the Superior Court of Justice, the Small Claims Court deals with smaller amounts of financial compensation which depends on the province. In Ontario, all claims that end up in the Small Claims Court will be below CDN $25,000. This process is designed to be much quicker and
such as: the materials (shoes & any other) he bought, travels expenses such as food and gas, and hotel charges. It would also be beneficial if Mr. Young had a prepared copy of the estimate he gave Mrs. Novac. For more see on how to prepare for small claims court see
Law level: The legal issue about Gary’s laptop computer is overheating and damage sofa involves a civil case for law of tort. According to law of tort, ‘the civil wrongdoer liable to pay damages to victims and it concerns with claims for property damage or personal injuries directly arising out of breaches of a duty of care owed by one individual to another.’ Also, ‘Tort law provides compensation for injury to the person or property causing pure economic loss and for injury to reputation or fame’
In the modern day, courts have a central role in dealing with crimes and giving out the punishments for offenses. These courts according to a major character in To Kill a Mockingbird known as Atticus claims that “courts are the great levelers” and they make every man equal. However, the contemporary court system is the exact opposite of what Atticus claims it to be as courts are notorious for favoring certains parties and not treating everyone equally. The present day court system fails to bring
Carson, sued Here’s Johnny Portable Toilets, Inc. for the claim of unfair competition, invasion of privacy and publicity rights, and trademark infringement under federal and state law. The district court ordered a dismissal of the plaintiffs’ complaint. (Page 833) The appellants’ first claim alleges unfair competition from defendant’s business actions, which violated Sec. 43a of Lanham Act and Michigan common law. The equitable
what ever court they wish. The simplest jurisdiction is whether the case is a federal or a state case. The respected level will determine the court. Secondly a court must have subject matter jurisdiction. defined by the text on page 29 as: “Subject-matter jurisdiction is a court’s power to decide the type of dispute involved in the case. Criminal courts, for example, cannot hear civil matters. Similarly, a $500,000 claim for breach of contract cannot be pursued in a small claims court.” Another
Administrative and Personnel Law November 23, 2015 Week 5 Case Study: Kellar v. Summit Seating 1. What were the legal issues in this case? What did the appeals court decide? Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were “preliminary,” that any work Kellar
for all Australian citizens. The Native Title Act 1993, like the court Mabo decision in 1992, transforms the ways in, which indigenous ownership of land may be formally recognised and incorporated within Australian legal and property regimes. The process of implementation, however, raises a number of crucial issues of concern to native title claimants and to other interested parties. These issues will need to be settled in court however, despite the many disputes between opposing stakeholders
Abigail Williams has a low reputation in the small village, and can be easily accused for witchcraft, yet she finds a way to avoid this.Abigail uses peoples reputation to her advantage, and accuses many others of witchcraft, taking the attention away from her. During the trials How does Abigail Williams and Danforth demonstrate the value of a “good” reputation in a puritan society? How does it relate to McCarthyism? And how did Abigail use it to her advantage? In The Crucible by Arthur Miller, Abigail
Commercial Law Coursework Part A In this case Maya (agent) is technically in the wrong as she has overturned her authority due to her not being permitted to order very expensive shampoos and shower gels and any orders that are over £150 the agent has to receive permission from Kallessi (principle). However since the principle has paid for the first 2 orders that the agent has made with the new suppliers it is seen as if the principal is ratifying the situation and agreeing on the agents terms. Ratification
Malaysian court system 1. MALAYSIAN COURT SYSTEMThe purpose of this is to provide a brief overview of the Malaysian Court System. Whilstits intention is to familiarise readers with the function of Malaysian Courts, it is nosubstitute for professional legal advice which you should obtain whenever you areinvolved with the Courts. Such advice can be obtained from the numerous legal firms inthe country or from the various Legal Aid Centres.MAGISTRATES COURTThe Magistrates Courts deal with the vast majority