Briefly, and stated in general terms, the basic concept of these two systems was as opposite as the poles. In the Civil Law, the source of all law is the personal ruler, whether, king, or emperor; he is sovereign. In the Common Law, certainly as developed in America, the source of all law is the people. They, as a whole, are sovereign. Thus, our heritage of freedom is a direct and proximate result of the Common Law, deriving its authority solely from usages and customs of immemorial antiquity. The Common Law is the legal embodiment of practical common sense, and, its guiding star has always been the rule of right and wrong -the Golden Rule. What is The Uniform Commercial Code? The government set up a “colorable” law system to fit the “colorable” currency. It used to be called the Law Merchant or the Law of Redeemable Instruments, because it dealt with paper which was redeemable in something of substance.
But, once Federal Reserve Notes became unredeemable, there needed to be a system of law which was completely “colorable” from beginning to end. This system of law was codified as the Uniform Commercial Code .This is “colorable” law, and it is used in all our countries courts. As of 1964 (the year that those of us who collect coins know is also the year the US stopped minting silver) the Uniform Commercial Code was adopted by all states, making it the supreme law of the land. Take a look in the first part of every Federal and State code books and you will find that the Uniform Commercial Code has become consistent throughout. The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as “without prejudice”.
This reserves one’s rights. However, for this to work, one must know what this means! If you understand this, you will be asked to explain it to the judge when he asks. And he will ask, so be prepared to explain it to the court. If one wants to understand this fully, one must go to a law library and photocopy these two sections from the UCC. ] edition. Some of the law libraries will only have the West Publishing version, and one may find it difficult to understand. In Anderson, it is broken down with decimals into ten parts, and most importantly, it is written in plain English. God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. Let them take arms. Politics and Social IssuesUniform Commercial Code Financial Statement And The UCC1 Redemption Process. You Should Know All Documented Legal Facts! Self-Study PlansDoes The Jones Act Put Us Under Maritime/Admiralty Law By Our Birth Certificate?
As a result, joining the substitute trustee as a defendant did not defeat diversity jurisdiction. The Fifth Circuit found that Texas would not recognize a claim for attempted wrongful foreclosure. As a result, it affirmed the dismissal of the homeowner’s claims. This left the lender free to post the property for a future foreclosure. Chu v. Texas (In re Chu), 2017 Bankr. LEXIS 2370 (5th Cir. An orthodontist filed bankruptcy following accusations of Medicaid fraud. The State of Texas filed suit to deny this discharge. After a trial, the Bankruptcy Court denied the discharge under 11 U.S.C. Sec. 727(a)(4) and (a)(5). The Fifth Circuit affirmed. The Debtor argued that the State lacked standing to object to his general discharge because its debt would be non-dischargeable under 11 U.S.C. Sec. 523(a)(7). The Fifth Circuit rejected this argument as speculation. Because there was no final determination of the underlying claim, the State had constitutional standing to object to the global discharge.
The Court rejected the Debtor’s argument that the Bankruptcy Court had aggregated his false statements to reach a conclusion of reckless indifference to the trust. The Court found that the Debtor had failed to account for loss of assets. 75,500, including jewelry and watches. 500. Based on the Bankruptcy Court’s finding that the Debtor had failed to offer a viable explanation for what happened to the assets, the Fifth Circuit affirmed the ruling that the Debtor had failed to account for assets. United States v. Diehl, 848 F.3d 629 (5th Cir. This case involved another statute abbreviated as FDCPA, the Federal Debt Collection Practices Act. The Court found that the FDCPA in its case did not prohibit the government from using the Texas Turnover Statute to collect a debt owed to the government. Wiggains v. Reed (In re Wiggains), 848 F.3d 655 (5th Cir. Debtor and spouse partitioned homestead on eve of bankruptcy to avoid limit on homestead exemption under 11 U.S.C. Sec. 522(p). Court found that maximizing homestead was not sufficient reason to avoid partition as a fraudulent transfer. Additionally, wife had no right to compensation under 11 U.S.C.
Sec. 363(j) because entire community property interest entered estate. Gathright v. Clark, 2017 U.S. App. 3258 (5th Cir. Automatic stay in bankruptcy did not preclude creditor from filing bad check charges. Criminal actions are exempt from the stay. United States v. Grant, 850 F.3d 209 (5th Cir. Debtor filed five bankruptcy cases between 2008 and 2011. In two of her cases, Debtor only disclosed one of her two social security numbers. In another case, she failed to disclose two of her prior bankruptcies. She was convicted on three counts of perjury and sentenced to fifteen months imprisonment.. Galaz v. Galaz (In re Galaz). 850 F.3d 800 (5th Cir. Raul Galaz was married to Lisa Galaz. He owned 50% of Artists Rights Foundation. When they divorced, Lisa received 50% of Raul’s 50% interest. However, Raul transferred ARF’s assets to another entity for no consideration. Lisa filed chapter 13 bankruptcy and sued to avoid the transfer. Julian Jackson, who owned the other 50% of ARF, sued Raul for breach of fiduciary duty.
The Bankruptcy Court ruled for Lisa and Julian awarding actual and exemplary damages. In the first appeal to the Fifth Circuit, the Court reversed and remanded. The Court found that the Bankruptcy Court had no jurisdiction over the claims between Julian and Raul. It also found that the Bankruptcy Court lacked jurisdiction to enter a final judgment on Lisa’s claims against Raul. On remand, the District Court referred the matter to the Bankruptcy Court for proposed findings and conclusions. Based on the Bankruptcy Court’s proposed findings, the District Court awarded actual and exemplary damages to Lisa. The Fifth Circuit upheld the findings of liability. Fraudulent intent was a question of fact reviewed under the clearly erroneous rule. Court found that at least six badges of fraud were present. 241,309.10 in actual damages to Lisa. 969,317.92 less certain reasonable expenses. Appellants argued that the royalties should have been valued as of the time they were transferred (at which time value was negligible).
250,000.00 in exemplary damages. Court found that factual finding that loss was caused by fraud, malice or gross negligence was not clearly erroneous. Carroll v. Abide (In re Carroll), 850 F.3d 811 (5th Cir. This is a sanctions case. The Carrolls and their wholly owned company filed chapter 7 and were substantively consolidated. The Carrolls engaged in “troublesome conduct” that “displayed (a) pattern of harassment” toward the trustee. The Bankruptcy Court enjoined them from filing any further pleadings without court permission and awarded sanctions under 11 U.S.C. The Court set out the standard for awarding sanctions under its inherent authority and enjoining vexatious litigants. We begin by noting the bankruptcy court has numerous tools by which to sanction the conduct of individuals. A court must make a specific finding of bad faith in order to impose sanctions under its inherent power. Federal courts also have authority to enjoin vexatious litigants under the All Writs Act, 28 U.S.C.
§ 1651. Moreover, under 11 U.S.C. 830 F.3d at 815. (internal citations omitted). The amount of the sanctions award was affirmed because it represented the amount of attorneys’ fees incurred by the trustee in responding to the Carrolls’ conduct. Tower Credit, Inc. v. Schott (In re Jackson), 850 F.3d 816 (5th Cir. The Trustee sued to avoid a wage garnishment as a preferential transfer. The Defendant argued that the transfer occurred when the garnishment order was issued, which was more than 90 days before bankruptcy. The Court found that a transfer is made when it is “perfected,” that is, when a judgment creditor could not obtain superior rights in the property. However, a transfer also is not made until the debtor has rights in the property. As a result, each time the debtor obtained wages and the garnishment lien reached those wages was a new transfer. Therefore, the Court affirmed the judgment in favor of the trustee.
Kipp Flores Architects, LLC v. Mid-Continent Cas. Co., 852 F.3d 405 (5th Cir. This case involved the effect of a proof of claim in subsequent litigation. A creditor filed a proof of claim in a no-asset bankruptcy case. No party objected to the claim. The creditor then argued that because the proof of claim was “deemed allowed,” it was res judicata in the creditor’s subsequent claim against the debtor’s insurance company. The Court found that the claim did not have any preclusive effect where there was never a deadline to object to claims and adjudicating the claim would not have served a bankruptcy purpose. Armendariz v. Chowaiki, 2017 U.S. App. LEXIS 5531 (5th Cir. Plaintiffs sued various parties for RICO based on a fraudulent transfer action brought in U.S. Bankruptcy Court. The District Court dismissed the suit but denied a motion for sanctions under Rule 11. The Court did not give reasons for its denial of the sanctions motion. The Fifth Circuit affirmed the order dismissing the suit. However, it reversed and remanded the denial of sanctions. The Court explained that when a court grants or denies sanctions, it must provide reasons sufficient for the reviewing court to determine the basis for the ruling.
The southern part of India mainly comprises of four states namely Karnataka, Tamil Nadu, Kerala and Andhra Pradesh. All through the year, these four states, attract a number of tourists coming from different corners of the world. The reason behind such popularity is the amazing number of beautiful destinations for travelling such as backwaters, temples, beaches, hill stations, forests, flora and fauna. Along with these, another reason that one should travel to the South India are the union territories such as Lakshadweep, Pondicherry and Andaman & Nicobar surrounding these states and beautiful exotic sites. Hence in one sentence, it can be said that trip to the peninsular part of India offers the tourists a plethora of opportunities to come closer and attached to the beauty of nature and culture as well. South India has a very rich cultural history and heritage as well. It never fails to captivate its travellers. One popular tour to South India is the South India temple tour that covers the temples of Kanchipuram, Mahabalipuram, Kanyakumari, Rmeshwaram, Madurai etc that portray some of the supreme nuances and epics of the Hindu folklore.
The Tiruptai Balaji temple in Andhra Pradesh is considered as one of the supreme architectural examples of the Hindu culture. Then Mysore, Hampi and Hassan are some other globally known destinations of Karnataka for their contribution to the history. All South India tours are incomplete without visiting the captivating Alleppey Backwaters in Kerala. A cosy, comfortable stay in the houseboat while journeying through the backwaters is a experience of a lifetime. Then seeing the real beauty of South India, spice gardens, villages, wildlife, etc is yet another mesmerising experience. All this along with the amazing and rejuvenating spa therapies is like a cherry on the cake. Of course it is not possible to take the complete South India trip in one time, but when has limited time; one can divide the South India tours according to the states and specific places he/she wishes to visit. The Kerala tours also take one to the beautiful Kovalam beach and Karnataka tours takes to the Marina Beach. There are also a number of beautiful national parks and wildlife sanctuaries such as Kanha national park, Kalakkadu Wildlife Sanctuary – , Gulf Of Mannar Marine National Park, Bandipur National Park, Periyar National Park, and many more. Therefore, a trip to South India will take the tourist through a complete and perfect blend of geological majesty, rich culture, backwaters, temples, beaches, and other heavenly experiences that make this peninsular region of India a traveller’s paradise.
Work environment: Mr.Sorabjee is really friendly and endearing, and this positively lifts up the atmosphere at the office. His Juniors were also amiable and would take time to advice me on any matter where I needed clarification. Although he takes only one Intern at a time, I never felt lonely, because the support staff really made me feel at home there. Our typical day would start by leaving with Mr.Sorabjee to court in his Car, and Mr.Sorabjee would always take the time to speak to us on the way to court. After a day of listening to arguments at court, we would head back to office, and there prepare for any conference which may happen on that day. The work atmosphere was not stressful, there was none of the time pressure typical to firm work. Biggest learning: There was no single biggest learning lesson, although each small part of the Internship was a learning experience in itself. Be it listening to the way Mr.Sorabjee interacted with clients and briefing councils, the way he argued at court, or merely attending case hearings at the Supreme Court. Mr.Sorabjee taking the time from his busy schedule to interact with me. Read more about Mr. Soli Sorabjee here. Did you know that Zia Mody (AZB’s name partner) is the daughter of Mr. Soli Sorabjee!
WASHINGTON (Reuters) – President Donald Trump will be advised by a small group of deeply conservative lawyers, some inside the White House and at least one from outside, on choosing a nominee to the U.S. Supreme Court to replace Justice Anthony Kennedy, said several sources familiar with the process. Kennedy announced his retirement on Wednesday. White House Counsel Don McGahn will be Trump’s lead adviser on the pick, having successfully guided the nomination of Justice Neil Gorsuch through the selection and confirmation process last year, White House sources said. Leonard Leo, an outside legal activist, will be another key member of the president’s advisory team, sources said. Leo is on leave from his position as executive vice president of the Federalist Society, an influential conservative legal group that regularly gathers like-minded lawyers and judges at conferences and on law school campuses nationwide. He helped compile a 25-person list of likely nominees from which Trump has said he will make his selection. “They’re smart and tapped into the conservative legal community,” he said.
Like-minded advocacy groups are expected to mount efforts to assure the nominee is confirmed, and the Judicial Crisis Network has said it will spend at least a million dollars in the effort. The group’s campaign will urge voters to pressure their senators to ensure confirmation. Trump met on Thursday with a group of six senators – three Republicans and three Democrats – to discuss the court vacancy, the White House said in a statement. The other senator who met with Trump, Republican Charles Grassley, is chairman of the Judiciary Committee, which will consider any Trump choice. People familiar with the selection process said the front- runners on Trump’s list at this point are all current federal appeals court judges: Brett Kavanaugh, a judge on the District of Columbia U.S. Court of Appeals; Thomas Hardiman, who serves on the Philadelphia-based 3rd U.S. Circuit Court of Appeals; Raymond Kethledge of the 6th U.S. Circuit Court of Appeals; Amul Thapar, whom Trump named to the 6th Circuit; and Amy Coney Barrett, whom Trump named to the 7th U.S. Circuit Court of Appeals. All five have spoken at Federalist Society events. Two sources close to the process said Trump has also expressed interest in Utah Senator Mike Lee, who has the support of Texas Senator Ted Cruz. Both senators are Republicans. The complication for a Lee nomination is that if he joined the court, a Republican Senate seat would be vacated at a time when Republicans hold only a narrow 51-49 Senate majority. Trump could be reluctant to take Lee out of the Senate because of past experience. When he tapped Alabama Senator Jeff Sessions to be attorney general, Sessions’ replacement in the Senate ended up being a Democrat, despite Alabama’s traditional conservatism. Trump “likes Mike, and Mike would do it. But the problem you face is, you have to make sure you have the Senate,” one source said.
Insurance companies who wanted to prevent people in Scotland claiming for an asbestos-related disease have failed in their legal bid. On 12 October, The UK Supreme Court dismissed the appeal by insurance companies, a decision which will now allow people affected by pleural plaques to claim compensation for their injuries. The ruling is the latest stage in what has been a long-running battle between victims of pleural plaques and insurance companies. In 2009, MSPs issued the Damages Act which enabled Scottish people to make asbestos-related claims. Insurers subsequently failed to overturn the decision in the Court of Session and so took their appeal to the UK Supreme Court, stating the legislation infringed on human rights. Commenting on the ruling, Scottish Justice Secretary Kenny MacAskill said: “I warmly welcome this significant decision, not least for the sake of people with pleural plaques and all those who campaigned so vigorously to help them. Have You Been Affected By Asbestos? If you have suffered harm from working with asbestos, you need to speak to a legal expert. Whether it is pleural plaques, asbestosis, mesothelioma or another asbestos-related illness, you could be entitled to claim compensation for the pain and suffering you and your loved ones have endured. To find out more, contact a solicitor’s office today and speak to one of our personal injury lawyers. Need help with an Edinburgh Work Accident Claims? Need specialist Edinburgh Solicitors?
Appellate Court Justice Joy Virginia Cunningham has filed for retention and will appear on the November ballot, according to information provided by the Illinois State Board of Elections website. Cook County Circuit Court Chief Judge Timothy C. Evans has also filed for retention. By law, circuit court judges elected in Illinois, whether elected countywide or from subcircuits, must seek retention every six years in order to remain in office. In Cook County, the retention election is countywide, meaning voters from the entire county can vote on each judge’s retention, even for judges originally elected from other subcircuits. Retention judges have no opponents; voters are asked whether Mary Jones (to make up a name) shall be retained in office as a Cook County Circuit Court judge. That means that, at a minimum. 10 Cook County voters seek to oust each and every retention judge regardless of that judge’s qualifications. Of the 58 Cook County Circuit Court judges filing for retention, twenty-three were originally elected countywide; thirty-two were first elected from subcircuits. Three judges on this year’s retention ballot were elected prior to 1992, when the subcircuit system was adopted. Before 1992, Cook County voters elected judges on either a countywide, Chicago-only, or outside Chicago basis. Two of the judges on this year’s retention ballot were first elected on a Chicago-only basis; the third was elected from outside Chicago.