Does anyone know where I can get info on state court of appeals clerk salaries?
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Topics - Jumboshrimps
I don't think I've ever started a new thread on this board. The times, they are a' changin'
Ron Paul has raised a great deal of money in recent months. As a libertarian-at-heart, I find his ideas to be compelling and refreshing, and his personality to be downright charismatic.
I feel that current GOP foreign policy is a sure-fire way to cause our country to be destroyed from the outside-in, while Democratic policy has always been certain to cause America to rot from the inside-out. Ron Paul at least gives lip service to the absolute best compromise, and the one that accords most closely with the vision for our country as outlined in the Constitution.
Are there any Ron Paul fans on this Board? Is this guy what he claims to be, or just another deluded politician?
« on: April 23, 2006, 04:22:19 PM »
These three factors in analyzing the effects of a breach are making my head spin. Here's what I've got:
A material breach suspends a the nonbreaching party's duties of performance (Restatement 241). The time after which the breach leads to a discharge of the nonbreaching party's duties depends on all those factors which define a breach, plus the extent to which the delay will prevent the nonbreaching party from getting replacement performance, and any applicable time provisions in the agreement. (Rest. 242).
Now, if all of the party's duties are discharged by the breach, then the breach is total, and the nonbreaching party can sue on the entire contract. But if only part of the party's duties are discharge, the breach is partial, and the nonbreaching party still owes performance.
I'm having trouble seeing why the total/ partial breach distinction has any relevance. If a party has materially breached the contract, and time is important enough to discharge all his duties, then he can sue for breach.
If, on the other hand, the breach is immaterial, or time is of little importance, the nonbreaching party still has to perform.
So, my beef boils down to answering these questions:
1) What is the difference between an immaterial breach and a material partial breach?
2)What is the difference between a material breach which has not been cured sufficiently quickly, and a total breach?
« on: December 13, 2005, 08:31:18 PM »
1) John is 65 years old and needs the tree in his yard cut down before it destroys the foundation of his houe. It would cost him $10,000 to have a pro do it, so he decides to do it himself. He cuts the trunk on the wrong side and it fall on a car driving by, causing severe injury to the driver.
Q: John's duty was to observe the standard of care of...?
2) Bob has taken a class on emergency medical procedures but he has no other medical training. His neighbor collapses on his porch. Bob runs over and decides to perform an emergency surgery with his portable medical kit to open up neighbor's airway. Of course, this goes horribly wrong and neighbor croaks.
Q: Bob's duty was to observe the standard of care of...?
GenCo places an ad in the paper seeking a company to do the electrical wiring in the Metropolitan Public Library, a project which GenCo intends to bid on. SubCo sends GenCo a bid of one million dollars to do the wiring. GenCo uses this bid in making its bid to the Metropolitan Library, which then awards the contract to GenCo. Subco then realizes that it made a clerical mistake and cannot do the wiring for less that two million. SubCo tells GenCo of the error and says it will do the job for no less than two million.
1) Assuming GenCo never sent a written acceptance to SubCo, is there an enforceable contract between GenCo and SubCo?
2) If SubCo performs the wiring work competently, is forced to sue GenCo for payment, and loses the suit due to inept lawyering, will a claim of unjust enrichment prevail against Metropolitan?
What is the difference, if any, between the criminal standard of causation and the tort law standard of causation? Consider a homicide prosecution and a wrongful death suit. How will the juries in each case be instructed to approach the causation issue on the same facts?
True or false:
Under the Model Penal Code, if a killing occurs at a drug store being robbed by Defendant, who holds a loaded gun, there is a permissive inference that Defendant is acting recklessly with extreme diregard for the value of human life.