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The defendant stated that the Department of Agriculture regulations says that Chickens is everything except goose, a duck, ND a turkey. The court ruled that the plaintiff never narrowed the term of chicken within the contract and that the defendant acted within the contract guidelines. II. Discuss Questions 1. Procedural Due Process and Substantive Due Process are both under the Due Process Clause in which it protects deprivation to American Citizens of life, liberty, or property without due process of law (textbook peg. 67) Procedural Due Process means that every citizen has the right to a hearing before they are stripped from life, liberty or property. You cannot lock a person and throw away the key the defendant just have a hearing. Substantive Due Process limits what laws the government can impose on its citizens the laws must make sense. For example, the government cannot tell you who you can and cannot have sex with as it is infringing on your right to liberty. Because of this, the substantive law provides broader liberties to its citizens without being in the constitution or in law.
For example, we have the right to privacy. Natural law is based on a higher authority and having a basic sense of right and wrong. The rights are god given American rights that no one can take away. No law can contradict the basic values given by god. 2. Subject matter is the broader question of who has the jurisdiction over the matter. Such as, would it be appropriate to file a family law case at the federal level vs.. Filing at state court. Personal Jurisdiction has a narrower question as to which federal court or State COUrt has jurisdiction over the party.
Ill. Case Problem and Writing Assignment Issues Does the granite producer from Washington have a claim under the Dormant Commerce Clause Rule Regulation of commerce is allowed if it reuse a legitimate end, rationally related to that end if it doesn’t disrupt interstate commerce. Analysis Given the provided information, the city of Freezers is trying to boost the productivity of the granite industry within its city limits. This is in good intention with the city’s economy in mind but it fails to notice that it affects interstate commerce.
The Washington contractor and those soon to follow cannot do business in the State of Confusion because of this. Under the Dormant Commerce Clause the city cannot impose any ordinance that affects the interstate commerce. What is advised is that Freezers should take of the portion that limits people from acquiring granite outside the state. Conclusion The city of Freezers is interrupting interstate commerce and is not acting within the commerce class therefore the contractor does have a legitimate claim against Freezers. 1.
Ten different references available at the Law Library Federal Supplemental Appellate Repositioned Sates Code Service Reportorial Repositioning Summary of Laws. S Supreme Courts Rapprochements Benders CA Legal Forms of Pleading and Practices Annotated/CA Couturiers Group Civil Procedure Before Trial 2. West Annotated California Code The purpose of this book is to supply the reader with California state legislation that was current to 2002 this book specifically focuses on California codes that deal with education.
This book features notes and opinions from the attorney general, cross references, as well as vast amount of historical and statutory notes. Trials Practice Strategy Controls This book is directed towards lawyers who practice law and are looking to sharpen their skills. Perfect examples are that of mastering persuasion, when to stay quiet, how you ask questions to dinettes and clients, as well as many more pointers to become a successful lawyer. It even goes into detail on how to file away your clients information. . 3.
West California Reporter 167 t The People Plaintiff V. Respondent Kenneth was convicted of second degree murder of the killing of his wife. He pleaded insanity but the jury found him to be completely sane at the time of the murder. Defendant stated that he does not remember due to his alcohol problems. Because of this, defendant wanted to call in experts in the medical field for his defense but did not have the means to hire one sense he was poor. The question was raid May a trial court appoint experts at the county expense for an indigent defendant.