A court will likely find Petrograd’s claim against Coleman successful despite any statute of limitations concerns. Delaware’s adopted version of the UCC requires that “[a]n action for breach . . . must be commenced within 4 years after the cause of action has accrued.” Del. Code Ann. tit. 6 § 2-275 (LEXIS through 80 Laws 2016, ch. 430). Conversely, breach of promise situations not involving the UCC must adhere to the three-year statute of limitations as set forth in the state’s commercial code. Specifically, section 8106 provides; “[n]o action to recover damages . . . arising out of contractual . . . relations, based on a promise . . . [or] caused by an injury . . . indirectly from the act of the defendant shall be brought after the expiration of 3 years from the accruing of the cause of such action . . . .” Del. Code Ann. tit. 10 § 8106 (LEXIS through 80 Laws 2016, ch. 430). Accordingly, this memo will address whether this contract should be governed by the UCC, if the current circumstances can qualify for an exemption in either scenario, and examine whether any alternative opportunities exist.
A. The disputed contract is primarily service-based and should not be governed by the UCC.
Petrograd can likely prove the mixed contract in dispute is predominately service-based and therefore unsuitable to be governed by the UCC. Given that software has yet to be definitively classified in this state, Delaware courts are ultimately free to choose the body of law they find most
Post-reporting - the Plaintiff alleges that the staff at Baylor neglected to assist her when she reported the sexual assault; however, the Court dismisses this claim due to the expiration of its statute of limitations (amount of time an individual has to file a claim).
Troy Gregg was charged with committing armed robbery and murder. The jury found him guilty of both and sentenced him to death. Gregg challenged his remaining death sentence for murder, appealing that his capital sentence was a cruel and unusual punishment that violated the Eighth and Fourteenth Amendments. Court's earlier ruling in Furman v. Georgia (1972) which struck down state systems that afforded juries sweeping discretion in imposing the death penalty would spell the end of capital punishment in the United States. Many states, including Georgia, however, responded to the Furman ruling by passing new death penalty laws. The Georgia General Assembly, however,
Saturn and Venus, form Jupiter, a joint venture. Saturn owns 51 percent of Jupiter and Venus owns 49 percent of Jupiter. The purpose of Jupiter is to own and operate organic clothing design and manufacturing facilities and sell organic
Prior to the Public Safety Realignment initiative, “more than 60,000” offenders who violated their parole returned to prison every year. With more low-level inmates returning to state prisons, California was ordered to reduce the inmate population by “33,000 in the state’s 33 prisons” in a two-year period. The primary reason for this was due to the California Department of Correction and Rehabilitation no being able to afford inmates acceptable healthcare. Two class action law suits were brought about in November of 2006 (Plata v. Brown and Coleman v. Brown), the dispute was that because of overcrowding the CDCR was unable to provide adequate healthcare to prison inmates. The Coleman v. Brown case entailed the mentally disordered housed in
"A. Okay, he lifted his hand over his head maybe to strike Michael's hand down or something and then he put his hands in his . . . put his right hand in his right pocket . . . took a step back . . . Michael proceeded to stab him . . . then his hands were like . . . how do you explain this . . . open arms . . . with his hands open and he fell down . . . and we ran (describing subject holding hands open, palms toward assailant).
Christopher Simmons, who was seventeen years old, and two of his friends by the name of Charles Benjamin(fifteen years old) and John Tessmer (sixteen years old) had a detailed conversation about committing a murder. Christopher Simmons had a premeditated plan to which included, burglary (breaking and entering), robber and
In the story The Garies and Their Friends by Frank Webb, one man is responsible for the race riot. The prosecution charges Mr. George Stevens with Inciting a Riot and Seditious Conspiracy. We intend to prove these charges beyond a reasonable doubt. We will do this by presenting overwhelming evidence of his guilt. He manipulated people and circumstances to his full advantage to implement his plan. His agenda was one of violence against innocent Black men and women. These already oppressed citizens, became tragically disenfranchised as a result of his actions. He has torn the fabric of their livelihood into pieces, leaving many homeless. His wanton destruction and
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his
This case, Bowers v. Hardwick, originated when Michael Hardwick was targeted by a policer officer for harassment in Georgia. A houseguest of Hardwick's let the officer into his home, where Hardwick was found engaging in oral sex with his partner, who was another male. Michael Hardwick was arrested and charged of sodomy. After charges were later dropped, Hardwick brought his case to the Supreme Court to have the sodomy law declared unconstitutional.
With tensions at an all time high and the nation at a potential breaking point, the decision in the Dred Scott Case came as a surprise to both the North and the South. The decision had drastic consequences, southern principles were validated while northern liberties were threatened. Therefore it is not surprising that The New York Herald and The Charleston Mercury had very different view points and reporting styles. The northern newspaper viewed the decision’s impact as having “tremendous consequences,” the article included how the Supreme Court’s ruling dismantled northern states’ rights, threatened their liberty and state constitutions. While the southern newspaper saw the
All contracts are governed by the state laws where the agreement was made. Nevertheless, a contract can either be governed by the Uniform Commercial Code (UCC) or
7. A person's right to appeal a denied claim was expanded under the Affordable Care Act. Now a person's insurance company is required to tell the person why they denied their claim, and they will have six months to try and appeal it. You can increase the chances of getting your appeal through by following some of these tips. Understand why the claim was denied, eliminate easy problems first, gather all your evidence, and submit the right paperwork. Before fighting a denied claim, you will need to understand why it was denied in the first place. Your explanation of benefits, a standard form which is sent by the insurance company whenever your claim is approved or denied, uses a set of codes to explain why the company came to their decision. Sometimes the claim may have be denied simply because of a data-entry error, such as a misspelled name, wrong date of service, or the insurance ID number was wrong. You will need to make sure that you have all the evidence to show all of the services you are looking to have covered were all medically necessary. It is possible that you may need to write a letter to the insurance company. If that is the case,
In “Life is Not Measured by Grade-Point Averages” by H. Bruce Miller, Miller announces that a young lady named Gabrielle Napolitano was suing the University for accusing her of plagiarism in her paper. Napolitano hired a lawyer and built the case stating that the so called “plagiarism” was just a, quote “technical error” (Miller, par.2). Miller announces this problem but doesn’t get his true argument out until the last few paragraphs of his paper, stating that students need to stop worrying about their grades or grade-point averages and need to start enjoying the process of learning, to embrace the knowledge and use it without the fear of lack of money in the back of their minds. Miller uses strong terminology throughout his paper and
In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a
The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not