Putative your friendly case here for certification development
Attorney songs, weird judicial conduct from the heart of Texas
Before a case is "certified" as a class action, it is referred to as 'putative' or 'potential' class class action lawsuit. As suggested in Ch. 3 Class Certification Requirements Threshold Requirements and Rule 23 (a) [and 23(b) as far as threshold requirements for a case], "Class Actions and Other Multi-Party Litigation" law book by Robert Klonoff.
Legal Assistance Organizations
Various Texas organizations are committed to ensuring fair and equal access to the court system for all members of the public. The organizations highlighted here provide informational videos, free legal publications, self-help guides, legal information, and legal aid assistance to populations that may be at a disadvantage. This article offers more information, to be of service to all Texans. I checked out this law book from the Texas Law Library.
Federal Rules of Civil Procedure, Rule 23 (a) has four (4) parts and Rule 23 (b) has 3 parts. This article concerns 'putative' or 'potential' legal case development to be of public service for all Texans and neighbors. Legal Help Finder
Federal Rules of Civil Procedure
Rule 23 – Class Actions
(a) Prerequisites.
(b) Types of Class Actions.
There are three kinds of less traditional representation:
i. Defendant Class Actions
ii. Shareholder Derivative suits
iii. Suits involving unincorporated associations
and the Three most important areas of class action litigation are :
i. mass torts
ii. securities fraud
iii. employment discrimination
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Two dozen states sue Obama over coal plant emissions rule
Well, let me putative it to you this way...
The first Federal Class Action codification, Equity Rule 48, made in an 1842, a decree without prejudice to rights&claims of absent parties for which was followed in 1912 with the ole Equity Rule 38, of which supplemented rule 48 by golly. The 1938 version of Rule 23 made changes in 1966 with class action available in both legal and equitable proceedings and was amended in 1998 and 2003. Got it? Test on this next Tuesday and your tuition is ten thousand dollars a week including this tutorial.
"Six flags over Texas" is the slogan used to describe the six nations that have had sovereignty over some or all of the current territory of the U.S. state of Texas: Spain (1519–1685; 1690–1821), France (1685–1690), Mexico (1821–1836), the Republic of Texas (1836–1845), the Confederate States of America (1861–1865), and the United States of America (1845–1861; 1865–present). genocide refugees autonomy and sovereignty
French law versus English law cafe talk: Understanding the French legal system: civil vs common law. Unlike the French legal system, the English framework is in general terms, based on jurisprudence or case law. ... The French legal sytem, however, is based on civil law meaning that it is codified and it originates from Roman law.
In academic terms, French law can be divided into two main categories: private law ("droit privé") and public law ("droit public"). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law.
"Jurisprudence or legal theory is the theoretical study of law, principally by philosophers but, from the twentieth century, also by social scientists. Perhaps, a common law system of adjudication is better poised to mediate these internal ideological problems than a civil law system which reduces law to the command of a sovereign one with 'modus tollendo tollens' as a Kripa philosophical note concerning Interpretation and Coherence in Legal Reasoning" - David Vincent Hirsch, and that is just my current take on it.
Germany: Rule of law must hold in Spain
In German Law, possession is generally regarded as a question of fact, whereas property is a legally undefined bundle of rights and privileges combined with the right to exclude others. Nonetheless, the clear line between right and fact gets blurred if possession is grounded on fiction as in case of possessio civilissima. This chapter focuses on this special form of possession, comparing German with Spanish law. Possessing civilissime means to possess without corpus and animus. So once a testator dies, his heir becomes possessor independently from being in control of the testator’s tangible items. Possessio civilissima, it is argued, calls into question the strict distinction between property and possession.
In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership).
Possession is nine-tenths of the law is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not.
Meaning of Possessio civilis
In Roman law. A legal possession, i. e., a possessing accompanied with the intention to be or to thereby become owner, and, as so understood, it was distinguished from possessio naturalis, otherwise called nuda detentio, which was a possessing without any such intention. Possessio civilis was the basis of usucapio or of longi temporis possessio, and was usually, but not necessarily, adverse possession. Brown.
The largest immigration of Germans came in the 1840s when the Adelsverein (The Society for the Protection of German Immigrants in Texas) organized at Biebrich on the Rhine near Mainz. It assisted thousands in coming to Central Texas and establishing such settlements as New Braunfels and Fredericksburg.
About seven million Germans have immigrated to North America since the eighteenth century. Some left the Old World in response to the many historical events in Europe over the last two centuries. Most Germans came to the United States seeking economic opportunities or religious or political freedom.
The Battle of Gonzales was the first military engagement of the Texas Revolution. It was fought near Gonzales, Texas, on October 2, 1835, between rebellious Texian settlers and a detachment of Mexican army soldiers . The men of Gonzales fired the little cannon at the Mexican troops. And they raised a flag sewn from a woman's wedding dress that showed a lone star, an image of the cannon, and the words "Come and Take It." The slogan was used earlier during the American Revolutionary War in the Province of Georgia. The name "Come and Take It" refers to the motto adopted by the Texian rebels. NPR, Texas Monthly, the Chronicle and the Federalist all have various opinions on the matter. I suggest the utility of man being a leader to provide shelter to the elder, disabled, women and children, say after a hurricane or natural disaster strikes lives upon this utility of this ethos and the spirit of this leadership to address taking refuge in shelter. To me this is how to measure the caliber of character of leadership from a state named after the natives for 'friends'. The devil in the details of this capitalistic dwelling are ethics of how friendly is it for authorities to not address shelter, the first aspect of Maslow Hierarchy of needs beside water and food and or segregate systematically in failures or authority in malpractice, bad faith or simply the ethics of greed confronting social conventions representing the tones of segregation versus sheltering all of God's children.
A Petition for Discovery is a little-used tool available to attorneys (and anyone really whom may compose such technical writing) that allows us to search for the who, what, where, when, and why before having to file a lawsuit. Look what you may discovery if you may discern laws in your state, nation or territory.
Discovery, in the law of the United States and other countries, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery.
A motion to compel is a request to a court to order either a party to a court case or a third person to do something.
If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Interrogatory, send them a final request.
Civic duty, civic responsibility and spiritual contracts
How many requests for admissions are allowed in federal court?
However, the rule places no limits on the amount of requests which may be made of either litigant. State court rules, however, may be stricter than this. Notably, under Rule 36(a)(3), requests for admissions are automatically deemed admitted in U.S. federal courts if the opponent fails to timely respond or object.
LexisNexis® Legal Newsroom Arguing Your First Motion
Other consideration in due diligence include TITLE 2. TRIAL, JUDGMENT, AND APPEAL, CHAPTER 10. SANCTIONS FOR FRIVOLOUS PLEADINGS AND MOTIONS Understand consequences of filing frivolous lawsuits as well, show respect, politely requesting before you develop a court request to petition subpoenas.
A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document relevant to your case. In most cases, you will request a subpoena duces tecum from a court clerk. The court will issue the subpoena and the relevant documents must be served to the court.
The main difference between a “subpoena” (subpoena ad testificandum) and a subpoena duces tecum is that the subpoena duces tecum does not require the subject to give oral testimony. The subpoena duces tecum only commands the subject to produce the items named in the document.
How long does it take for a judge to make a decision on a motion?
As the other lawyers have answered, just be patient. You can't force a Judge to make a ruling. If it has been over 90 days, I have nicely asked the judges clerk if a ruling or decision has been made, and remind her that a motion is pending and has been taken under submission.
Ethics in Government Acts of Kangaroo court
What more may be considered with Threeshold Requirements of Rule 23 (a) and 23(b)?
Rule 16. Pretrial Conferences; Scheduling; Management
Other considerations with 'coupon' settlement provisions :
Rule 14 – Third-Party Practice
Rule 20 – Permissive Joinder of Parties
And a Manual for Complex Litigation
with considerations of Committee Membership Selection
Class Action Fairness Act, CAFA, does not apply to securities actions or in internal corporate affairs.
And there are calls for meaningful reform to Federal Rule for Civil Procedures Rule 23.
Where was Chutes and Ladders invented?
The board game, today called Snakes and Ladders, originated in ancient India, where it was known with the name Mokshapat or Moksha Patamu. It's not exactly known when or who invented it, though it's believed the game was played at a time as early as 2nd century BC.
Ahh, the games people play.
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door! - The Statue of Liberty-Ellis Island Foundation, Inc.
Inequalities and Stratification
Ladder versus Gunning Principles?
The Gunning principles are that: (i) consultation must take place when the proposal is still at a formative stage; (ii) sufficient reasons must be put forward for the proposal to allow for intelligent consideration and response; (iii) adequate time must be given for consideration and response; and (iv) the product of blah, blah, blah, blah, blah, oh do go on with it, will ya?
Perhaps, some need 'em an intervention all gunning it. Rule 24 – Intervention
The emphasis of the Gunning Principles is on 'fairness'. The process must be substantively fair and have the appearance of fairness. The Gunning Principles state that: Consultation must take place when the proposal is still at a formative stage: Decision-makers cannot consult on a decision that has already been made.
Those principles, known as the "Gunning principles" are:
Consultation should occur when proposals are at a formative stage; (awe those formative years)
Consultations should give sufficient reasons for any proposal to permit intelligent consideration;
Consultations should allow adequate time for consideration and response;
A Ladder Of Citizen Participation
Other considerations:
A Writer’s Guide to Defamation and Invasion of Privacy
Provide proof of your civil communication requesting a state, or regional licensed professional to correct their error. Be professional and be polite. The courts will honor and recognize your civil communications concerning attempts to address matters of correcting a mistake or offering a public apology of libel, slander, defamation and to a degree with matters as an invasion of privacy. Discernment of Discovery depositions will assist: 12 CFR § 263.53 Discovery depositions
28 U.S. Code § 1915 - Proceedings in forma pauperis
IN FORMA PAUPERIS. Lat. 'in the form of a pauper.' Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense. Upon the court's granting of this status the person is entitled to waiver of normal costs and/or appointment of counsel (but seldom in other than a criminal case).