Question
Match number with terms below This Report addresses the legal issues surrounding the injury that occurred in California and what Ron should expect to happen.This
Match number with terms below
This Report addresses the legal issues surrounding the injury that occurred in California and what Ron should expect to happen.This report will address the rules regarding the process to be followed, which are typically referred to as (1), and the later section of this memorandum will address the (2) which deal with the respective rights and obligations of the parties.The legal system we have in the United States is (3) borrowed in part from England.Our system differs from other legal systems such as those countries that follow the French System which is known as a (4).
The first question that comes to mind is whether Ron can be sued and forced to defend himself in New York?Obviously, Ron lives and is located in California, and the injury occurred in California.Hence, the first question is whether New York has (5), and that will be determined by what rules its legislature has made and whether New York enacted a (6).If New York has, then Ron may be sued in the state court of New York and be forced to defend himself; provided the person suing, which is an issue addressed later, can establish that Ron has sufficient (7) with New York because he once played football for a New York NFL football team or whether the court believes through his Wing Shop restaurants he has availed himself of (8) of doing business in New York because he is also a part owner of a Wing Shop in New York.
If he is sued in New York, he will need to be concerned about whether a New York State Court would be unduly sympathetic to a citizen of their state.For that reason, he should determine whether he can have a Federal Court hear the claim based upon the fact that he is a citizen of another state and (9) exists.If both New York and the Federal Court located in New York have the legal authority or power to hear this case, then (10) is said to exist.Another factor influencing what is the proper court in which to adjudicate this case is that the Federal Government has enacted a comprehensive statutory scheme covering food safety.It may be that after closely reviewing this new legislation the matter can only be heard in the Federal Court because it comprehensively legislated in this area, and (11) exists with the Federal Court.
Another question is who will actually be the person filing the lawsuit.This person is referred to as a (12).Will it be the injured child or his parents?Typically, the parents, as guardians, will sue on behalf of the child.Since Ron is being sued, he will be the (13).Regardless of the technical issue of who is the proper person to sue, this is a relatively sympathetic case and Ron may have considerable exposure due to sympathy considerations although he may have no legal culpability.Therefore, before proceeding to litigation, he should consider whether any type of (14) procedures are available.If so, Ron should try (15), because this will afford him the opportunity to see if the matter can be settled with the help of a (16) without having an adverse determination on the merits of the claim or lawsuit.Alternatively, if he wants to hear the dispute to a final determination outside of the court system, we may want to consider (17).This can either be (18), where the case is heard and decided by the arbitrator and the decision, called an (19), is a final decision enforceable by the court.On the other hand, Ron might want to choose (20), whereby if either side is unhappy with the resolution they can still seek to have the case heard in court.There are two major service providers who can provide these services.I have checked and the (21) which is the service provider that has a longer history than the other next mentioned has offices in New York.However, we might want to hire a retired judge from (22).
10 years
10%
absolute privilege
abstracts of judgment
alternative dispute resolution
American Arbitration Assoc.
arbitration
award
binding arbitration
bond or undertaking
cause of action
challenge for cause
civil law system
claim of relief
clerk's transcript
case law
common law system
complaint
concurrent jurisdiction
cross-complaint
cross-examination
default
default judgment calendar
defendant
deposition
direct examination
discovery
diversity of citizenship
due process
exclusive federal jurisdiction
interrogatories
JAMS
JNOV
judgment by default
jurisdiction
jury instructions
long arm statute
mediation
mediator
minimum contracts
motion for summary judgment
motions to exclude/in limine
non-binding arbitration
Notice of Appeal
opening statement
order of examination (OEX)
peremptory challenges
personal property lien
personal service
plaintiff
privileged
procedural rules
process server
qualified privilege
renewed
reporter's transcript
request to enter default
request to produce
service by publication
service of process
statute of limitations
statutes
subpoena
substantive
substantive rules
substituted service
summons
the rights and benefits
U.S. Constitution
verdict
voir dire
work product privilege
writs of execution
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