IV. THE COURT ERRED IN ENFORCING A MEDIATED AGREEMENT WHICH WAS OBTAINED HEAVILY INFLUENCED BY THE GAL WHOM COMMITTED FRAUD UPON THE COURT CORRUPTING THE IMPARTIAL FUNCTIONS OF THE COURT, THEREBY MAKING THE WHOLE PROCESS VOID AS A MATTER OF LAW.
A. The actions of the court’s appointed Guardian ad Litem constitute fraud on the court because they corrupt the impartial functions of the court.
In Parramore v. Parramore, 61 Fla. 701, 703 (1911), the Supreme Court of Florida affirmed the decree of the trial court annulling the final decree of divorce due to fraud upon the court. The defendant in Parramore tried to commit fraud upon the court to prevent his wife from fully and fairly presenting her case in court. The defendant in Parramore “sued the complainant as being a resident of the city of Waco, Texas, and swore in an affidavit attached to the bill of complaint that the said complainant resided at Waco, Texas.” Id at 796.
The court in the tenth circuit defined fraud on the court and other courts have adopted this description as “fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury . . . It is thus fraud where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function -- thus where the impartial functions of the court have been directly corrupted.” Bulloch v. United States, 721 F.2d 713, 718 (10th Cir. 1983);
While victorious, the plaintiff’s believed that the district court had erred in their decision not to award punitive damages. The defendants, on the other hand, argued that the court had erred in denying their motion for summary judgment.
EC -1.2(D) – Legal assistant, Carl, did not follow the procedures for communicating the price of a “fixed” fee. Instead he acted on his own without directions from a supervised attorney to negotiate the price of a bill.
The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.
It is easy to see that the legal factors involved are themselves not perfect. Since the Court is made up of human beings who are similarly imperfect, it is not implausible to suppose that the Court likewise
Lastly, John and Mary Doe, a married couple, filed a companion complaint, connecting their case to that of Roe’s. They were seeking declaratory and injunctive help and they made the District attorney the defendant. Both, John and Mary
THE LOWER TRIBUNAL ERRED WHEN GRANTED THE MOTHER ATTORNEY’S FEES IN A NON-EVIDENTIARY HEARING CONTRARY TO THE DUE PROCESS PROTECTION OFFERED UNDER THE FOURTEENTH AMENDMENT OF THE CONSTITUTION.
On April 14, 2015, Brian F. Guillot, Esq., of Metairie Louisiana, submitted a complaint to Office of the Bar Counsel regarding Ernest A. Solomon. Guillot asserts that Solomon failed to comply with Guillot’s request for accounting in reference to the estate of Elmore C. Desvigne, Sr. Solomon has allegedly violated Mass.R.Prof.C 1.15(c) and (d).
In West Corp. v. Superior Court, 116 Cal. App. 4th 1167 (Cal. App. 4th Dist. 2004), a California resident, Patricia Sanford, filed a class action complaint against West Corporation and WTC (a subsidiary of West Corp.), telemarketing firms organized in Delaware and headquartered in Nebraska, alleging causes of action for: (1) violation of the consumers legal remedies act; (2) unlawful, fraudulent, and unfair business practices; (3) untrue and/or dishonest advertising; (4) conversion; (5) unjust enrichment; (6) fraud and deceit; and (7) negligent misrepresentation. Essentially, one of West’s telemarketers had misrepresented a product during a sales pitch in which the caller (Sanford) had purchased the product over the phone. West claims that the California court could not assert personal jurisdiction over them because they did not maintain any offices or employees in California, was not licensed to do business in California, nor did they own any property located in California. Moreover, West motioned the court to quash the service of summons; however, the court denied the request and ruled that the court was authorized to assert personal jurisdiction over their corporation.
Mr. Shoemaker further contends that the circuit court erred when it found that Mr. Shoemaker’s default:
In any legal system, there is a notion that the chief end to be achieved is justice. Clearly no one would advocate for an unjust legal system, but what if the clear distinction between just and unjust is not so clear? What if there are diametrically opposed moral principles supporting competing arguments? On three occasions, the Supreme Court of Virginia has declined ruling on whether the relationship with an assailant 's wife deprives a defendant of the right to self-defense.
Unbeknownst to the plaintiffs, the funds meant for their benefit were transferred without their consent to benefit the fiduciary, who was reasonably relied upon to manage his brother’s Estate with integrity, thus injuring the plaintiffs, which meant that these transactions were fraudulent. In a previous case, Sher v. Sandler, 325 Mass. 348, 353, 90 N.E.2d 536 (1950), the remedy decided on by the court was to rescind the transactions the fiduciary made when the breach of duty to the beneficiary was found. This same case provided a precedent for the use of the defendant’s remaining assets, untraceable to the fraudulent transactions, as remedy to the injured plaintiffs. The plaintiffs’ request for equitable relief was therefore found to be appropriate and reasonable, and was approved by the judge as a final judgment in accordance with Massachusetts Civil Law, which states that when there is more than one claim for relief, “the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” (Mass.R.Civ.P.
There are many different reasons a person can find themselves in a court as the defendant.
Most social movements in India since the 1970s have actively used the Courts-especially the Supreme Court-as a part of their struggles. This has been possible because of the higher Courts’ activism, especially under the guidance and action of Public Interest Litigation. Through the instrument of Public Interest Litigation, the Court liberated itself from traditional constraints in the legal system so as to reach out ‘to the weaker sections of Indian humanity.