Hawaii Supreme Court Trivia Set 7
London St. Tramways Ltd. v. London City Council [1898] A.C. 375, 381 (Lord Halsbury)
"A decision of this House once given upon a point of law is conclusive upon this House afterwards."
Mango Caipirinha
1/2 of a ripe and fragrant mango cut into wedges 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Cachaca
Caipirodka
1/2 of a sugar covered peach 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Vodka
Rum Apricot Sour
1/4 fl. oz. light Jamaican rum 1/4 fl. oz. apricot brandy 3/4 fl. oz. freshly squeezed lime juice 1 tsp. superfine sugar or sugar syrup Ice cubes Slice of lime and maraschino cherries, to decorate
Post and Siegel, Roe Rage: Democratic Constitutionalism and Backlash, 42 Harv. C.R.-C.L. L. Rev. 373 (2007)
A work that argues that Roe v. Wade, 410 US 113 (1973) energized anti-abortion and anti-feminist movements by giving citizens opposed to abortion rights a clear target and reason to speak out
Luker, Abortion and the Politics of Motherhood (1984)
A work that argues that attitudes toward abortion correlate closely with attitudes toward gender roles
Ginsburg, Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade, 63 N.C. L. Rev. 375 (1985)
A work that argues that heightened judicial scrutiny of abortion laws is justified in part on the grounds that the physical consequences of unwanted pregnancies fall entirely on women
Karst, Book Review on Gerald Gunther's Cases and Materials On Constitutional Law, 89 Harv. L. Rev. 1028 (1976)
A work that argues that heightened judicial scrutiny of abortion laws is justified in part on the grounds that the physical consequences of unwanted pregnancies fall entirely on women
Law, Rethinking Sex and the Constitution, 132 U. Pa. L. Rev. 955 (1984)
A work that argues that heightened judicial scrutiny of abortion laws is justified in part on the grounds that the physical consequences of unwanted pregnancies fall entirely on women
Siegel, Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 Stan. L. Rev. 261 (1992)
A work that argues that heightened judicial scrutiny of abortion laws is justified in part on the grounds that the physical consequences of unwanted pregnancies fall entirely on women
Linde, Process of Lawmaking, 55 Neb. L. Rev. 197 (1976)
A work that argues that the "dogma that [the Constitution] requires every law to be a rational means to a legislative end [is] not a rational premise for judicial review."
Strauss, Abortion, Toleration, and Moral Uncertainty, 1993 Sup. Ct. Rev. 1
A work that argues that the Court addressed the questions of the "effect of abortion laws on the status of women" and "the danger that the political process" would subordinate women for the first time in Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992)
Tribe, Lawrence v. Texas: The Fundamental Right that Dare Not Speak Its Name, 117 Harv. L. Rev. 1893 (2004)
A work that argues that the Court applied heightened scrutiny in Lawrence v. Texas, 539 US 558 (2003)
Karst, The Freedom of Intimate Association, 89 Yale L.J. 624 (1980)
A work that argues that the Fourteenth Amendment's Due Process Clause protects decisions to enter intimate relationships
Sunstein, Lochner's Legacy, 87 Colum. L. Rev. 873 (1987)
A work that argues that the decision in Lochner v. New York, 198 US 45 (1905) erred in assuming that contract rights are pre-political and beyond the reach of government regulation
Sunstein, Naked Preferences and the Constitution, 84 Colum. L. Rev. 1689 (1984)
A work that argues that the decision in Lochner v. New York, 198 US 45 (1905) erred in assuming that contract rights are pre-political and beyond the reach of government regulation
Tribe, American Constitutional Law 574-78 (2d ed. 1988)
A work that argues that the decision in Lochner v. New York, 198 US 45 (1905) erred in assuming that contract rights are pre-political and beyond the reach of government regulation
Strauss, Why Was Lochner Wrong?, 70 U. Chi. L. Rev. 373 (2003)
A work that argues that the decision in Lochner v. New York, 198 US 45 (1905) was correct to identify an implied freedom to contract but erred in its balancing.
Jeffries, Justice Lewis F. Powell Jr. 511-30 (1994)
A work that argues that, after his retirement, Justice Powell stated that his vote in Bowers v. Hardwick, 478 US 186 (1986) was "probably a mistake."
Robert Silverman, Law and Urban Growth: Civil Litigation in the Boston Trial Courts, 1880-1900 (1981)
A work that covers the docket history of American courts
Wayne McIntosh, The Appeal of Civil Law: A Political-Economic Analysis of Litigation (1990)
A work that covers the docket history of American courts
Jora Minasian, Property Rights in Radiation: An Alternative Approach to Radio Frequency Allocation, 18 J. Law & Econ. 221 (1975)
A work that covers the law and economics of radio licenses
Ronald Coase, The Federal Communications Commission, 2 J. Law & Econ 1 (1959)
A work that covers the law and economics of radio licenses
Thompson, A Defense of Abortion, 1 Phil. & Pub. Aff. 47 (1971)
A work that observes that tort law does not normally recognize Good Samaritan duties to rescue others in distress and analogizes involuntary pregnancy to involuntarily providing kidney support
Tribe and Dorf, Levels of Generality in the Definition of Rights, 57 U. Chi. L. Rev. 1057 (1990)
A work that provides a discussion of Michael H. v. Gerald D., 491 US 110 (1989)
Ramirez, The Law and Macroeconomics of the New Deal at 70, 62 Md. L. Rev. 515 (2003)
A work that provides a discussion of the causes and effects of the Great Depression
Albert Beveridge, The Life of John Marshall (1916)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Carl Swisher, Roger B. Taney (1935)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Carl Swisher, Stephen J. Field: Craftsman of the Law (1930)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Charles Fairman, Mr. Justice Miller and the Supreme Court, 1862-1890 (1939)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Donald Morgan, Justice William Johnson: The First Dissenter (1945)
A work that provides a judicial biography of a U.S. Supreme Court Justice
G. Edward White, Justice Oliver Wendell Holmes: Law and the Inner Self (1993)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Gerald Dunne, Joseph Story and the Rise of the Supreme Court (1970)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Jean Edward Smith, John Marshall: Definer of a Nation (1996)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Leon Friedman and Fred Israel, The Justice of the United States Supreme Court, 1789-1969 (1969)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Linda Przybyszewski, The Republic According to John Marshall Harlan (1999)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Mark DeWolfe Howe, Justice Oliver Wendell Holmes: The Proving Years, 1870-1882 (1963)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Mark DeWolfe Howe, Justice Oliver Wendell Holmes: The Shaping Years, 1841-1870 (1957)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Paul Kens, Justice Stephen Field: Shaping Liberty from the Gold Rush to the Gilded Age (1997)
A work that provides a judicial biography of a U.S. Supreme Court Justice
R. Kent Newmyer, Supreme Court Justice Joseph Story: Statesman of the Old Republic (1985)
A work that provides a judicial biography of a U.S. Supreme Court Justice
Kelman, Strategy or Principle? The Choice Between Regulation and Taxation (1999)
A work that provides an examination of the comparative political economy of takings and regulations
D. Garrow, Liberty and Sexuality (1994)
A work that provides social and political background on Griswold v. Connecticut, 381 US 479 (1965)
Brauneis, The Foundation of Our Regulatory Takings Jurisprudence: The Myth and Meaning of Justice Holmes' Opinion in Pennsylvania Coal Co. v. Mahon, 106 Yale L.J. 613 (1996)
A work that speaks to the discrepancy between Justice Holmes' opinions in Pennsylvania Coal Co. v. Mahon, 260 US 393 (1922) and Lochner v. New York, 198 US 45 (1905)
MacKinnon, Roe v. Wade: A Study in Male Ideology, in Abortion: Moral and Legal Perspectives 45 (1984)
A work that speaks to the question of whether the abortion right frees women from subordination or increases men's sexual access to women under conditions of sexual inequality
When it comes to consent that waives the Fourth Amendment's warrant requirement, this item provides an example of officer coercion that would render consent invalid.
An officer beating a person
When it comes to consent that waives the Fourth Amendment's warrant requirement, this item provides an example of officer coercion that would render consent invalid.
An officer firing a gun above the head of a handcuffed person
When it comes to consent that waives the Fourth Amendment's warrant requirement, this item provides an example of officer coercion that would render consent invalid.
An officer threatening a person
This logical fallacy refers to attempts to persuade an audience based on envy rather than evidence
Appeal to Envy Fallacy
This logical fallacy refers to assessing the truth or falsity of a claim based on an assumed equality pretense
Appeal to Equality Fallacy
This logical fallacy refers to a conclusion that a claim is false because the claim does not match one's experience
Appeal to Intuition Fallacy
This logical fallacy refers to a decision to refuse to speak on a topic because the matter is private and acceptable by default
Appeal to Privacy Fallacy
This logical fallacy refers to an attempt to get an audience to devalue reason and intellectual discourse
Appeal to Stupidity Fallacy
This logical fallacy occurs when an individual argues against a particular cited example rather than the question itself
Argumentum Ad Exemplum
This logical fallacy occurs when a specious or unsound claim is made but popularly accepted among some group
Argumentum ad Captandum Fallacy
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder.
Arson
In An Economic Analysis of Law, Posner argues that the fair use doctrine can enhance a copyright's value by resulting in more sales of the copyrighted product. (Please answer in French)
Bien sur
In An Economic Analysis of Law, Posner suggests that TV videotape recorders that permit the recorder to delete commercials may not enhance a copyright's value. (Please answer in French)
Bien sur
In The Morality of Law (1964), Fuller argues that the basic idea underlying and justifying the creation of a legal system is the enterprise of subjecting human conduct to the governance of rules. (Please answer in French)
Bien sur
In a wills and estates adoption by estoppel claim, a court can consider the parent's performance of parental duties towards the child (Please answer in French)
Bien sur
In conversion actions, some U.S. state courts consider return of goods as a factor for reducing damages. (Please answer in French)
Bien sur
Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419 (1982) (Justice Marshall Opinion Conclusion)
Concluding that a state statute requiring landlords to permit cable television companies to install cable wire on rental property violated the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause
Skinner v. Oklahoma ex rel. Williamson, 316 US 535 (1942) (Justice Douglas Opinion Conclusion)
Concluding that a state statute requiring offender sterilization after a third conviction for a crime involving moral turpitude violated the Fourteenth Amendment's Due Process Clause
Hodgson v. Minnesota, 497 US 417 (1990) (Justice Stevens Opinion Conclusion)
Concluding that a state statute requiring parental consent from both parents for minor abortions at least 48 hours before the procedure with no bypass procedure violated the Fourteenth Amendment's Due Process Clause
Katz v. United States, 389 US 347 (1967)
Concluding that a warrantless public payphone wiretap violated the Fourth Amendment's Search and Seizure clause
Gulf, C. & SFR Co. v. Ellis, 165 US 150 (1897) (Justice Brewer Opinion Conclusion)
Concluding that an 1889 Texas railroad attorneys fees statute violated the Fourteenth Amendment's Equal Protection Clause
FS Royster Guano Co. v. Virginia, 253 US 412 (1920) (Justice Pitney Opinion Conclusion)
Concluding that an 1916 Virginia tax statute violated the Fourteenth Amendment's Equal Protection Clause
New State Ice Co. v. Liebmann, 285 US 262 (1932) (Justice Sutherland Opinion Conclusion)
Concluding that an Oklahoma statute requiring ice manufactures to obtain an operating certificate violated the Fourteenth Amendment's Due Process Clause
Honda Motor Co. v. Oberg, 512 US 415 (1994) (Justice Stevens Opinion Conclusion)
Concluding that an Oregon constitutional amendment prohibiting judicial review of punitive damage verdicts supported by evidence violated the Fourteenth Amendment's Due Process Clause
Pierce v. Society of Sisters, 268 US 510 (1925) (Justice McReynolds Opinion Conclusion)
Concluding that an Oregon statute prohibiting private school instruction violated the Fourteenth Amendment's Due Process Clause
US v. Townsend, 762 F. 3d 641 (7th Cir. 2014) (Judge Sykes Opinion Conclusion)
Concluding that appellee's notice of appeal was untimely filed
Phillips v. Washington Legal Foundation, 524 US 156 (1998) (Chief Justice Rehnquist Opinion Conclusion)
Concluding that interest earned on client funds held in Interest on Lawyers Trust Accounts constituted property under the Fifth Amendment's Taking Clause
Dolan v. City of Tigard, 512 US 374 (1994) (Chief Justice Rehnquist Opinion Conclusion)
Concluding that municipal building construction grant conditions violated the Fifth Amendment Takings Clause and the Fourteenth Amendment's Due Process Clause
Akron v. Akron Center for Reproductive Health, Inc., 462 US 416 (1983) (Akron I) (Justice Powell Opinion Conclusion)
Concluding that municipal ordinances requiring abortions after the first trimester to be performed in a hospital and requiring attending physicians performing abortions to provide patients with detailed information on fetus development, possible viability dates, and abortion complications violated the Fourteenth Amendment's Due Process Clause
Paul v. Davis, 424 US 693 (1976) (Justice Rehnquist Opinion Conclusion)
Concluding that petitioner's distribution of shoplifter flyers to local merchants did not deprive respondent of a liberty or property interest protected by the Fourteenth Amendment's Due Process Clause.
Ruckelshaus v. Monsanto Co., 467 US 986 (1984) (Justice Blackmun Opinion Conclusion)
Concluding that respondent's Fifth Amendment Takings Clause challenge to the Federal Insecticide, Fungicide, and Rodenticide Act's arbitration and compensation provisions was not ripe under Art. III, §2, cl. 1.
Griggs v. Allegheny County, 369 US 84 (1962) (Justice Douglas Opinion Conclusion)
Concluding that respondent's air easement over violated the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause
Webb's Fabulous Pharmacies, Inc. v. Beckwith, 449 US 155 (1980) (Justice Blackmun Opinion Conclusion)
Concluding that respondent's taking of interest accruing on an interpleader fund deposited in a county court's registry violated the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause
Eastern Enterprises v. Apfel, 524 US 498 (1998) (Justice O'Connor Opinion Conclusion)
Concluding that retiree health care funding provisions of the 1992 Coal Industry Retiree Health Benefit Act violated the Fifth Amendment's Takings Clause as applied to petitioner
Pennsylvania Coal Co. v. Mahon, 260 US 393 (1922) (Justice Holmes Opinion Conclusion)
Concluding that the 1921 Kohler Act violated the Fourteenth Amendment's Due Process Clause as applied to petitioner's coal mining activities
Allied Structural Steel Co. v. Spannaus, 438 US 234 (1978) (Justice Stewart Opinion Conclusion)
Concluding that the 1974 Minnesota Private Pension Benefits Protection Act violated the Contracts Clause
Lucas v. South Carolina Coastal Council, 505 US 1003 (1992) (Justice Scalia Opinion Conclusion)
Concluding that the 1988 South Carolina Beachfront Management Act violated the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause
United States v. Causby, 328 US 256 (1946) (Justice Douglas Opinion Conclusion)
Concluding that the Court of Claims erred in failing to enter factual findings on the nature or duration of petitioner's easement over respondents' property
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Falso
Human Touch
Everybody's talking to computers, they're all dancing to a drum machine I know I'm living on the outside Scared of getting caught between I'm so cool calculated alone in a modern world-uh huh But Sally has a hard time holding back The alley to her heart is a beaten track She's got the love monkey riding on her back
A lessee, tenant, or adverse possessor can never bring a trespass to land action. (Please answer in Italian)
Falso
An offeree's power of acceptance can never terminate via incapacity. (Please answer in Italian)
Falso
It is not the case that a land possessor cannot maintain a trespass action against a tenant who is in lawful possession of a premise. (Please answer in Italian)
Falso
It is not the case that a trespass to chattels claim can not succeed without proof of actual damages. (Please answer in Italian)
Falso
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. (Please answer in Italian)
Falso
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. (Please answer in Italian)
Falso
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in Italian)
Falso
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Falso
A chattel is not an article of movable personal property. (Please answer in Portuguese)
Claro que nao
A chattel owner can never raise a trespass to chattels claim if an individual uses an owner's chattel in an unauthorized way. (Please answer in Portuguese)
Claro que nao
In Law's Empire (1986), Dworkin does not argue that abstract rights can differ from society to society based on which interests are perceived to be valuable. (Please answer in Portuguese)
Claro que nao
In Law's Empire (1986), Dworkin does not argue that there is a single correct answer in every case (Please answer in Portuguese)
Claro que nao
In Law's Empire (1986), Dworkin does not reject a priori natural law reasoning which assumes the existence of predetermined moral principles that determine the validity of laws. (Please answer in Portuguese)
Claro que nao
In The Morality of Law (1964), it is not the case that one of Fuller's principles of procedural morality in legislation is that it must be possible to comply with a rule (Please answer in Portuguese)
Claro que nao
In The Morality of Law (1964), it is not the case that one of Fuller's principles of procedural morality in legislation is that there must be congruence between published rules and the actions of officials applying and enforcing the rules (Please answer in Portuguese)
Claro que nao
It is not the case that a tortfeasor's malfeaseance that deprives an owner of her or his goods can not satisfy the intent element of a conversion claim. (Please answer in Portuguese)
Claro que nao
It is not the case that a tortfeasor's negligence that deprives an owner of her or his goods can not satisfy the intent element of a conversion claim. (Please answer in Portuguese)
Claro que nao
It is not the case that mistake of fact is not a valid defense to a conversion claim. (Please answer in Portuguese)
Claro que nao
It is not the case that mistake of law is not a valid defense to a conversion claim. (Please answer in Portuguese)
Claro que nao
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can not present documents to the witness for review. (Please answer in Portuguese)
Claro que nao
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. (Please answer in Portuguese)
Claro que nao
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Portuguese)
Claro que nao
When a court is examining intent to create an express trust, the settlor need not clearly intend to create the legal relationships and duties arising from an express trust. (Please answer in Portuguese)
Claro que nao
When it comes to a fee simple determinable, a possibility of reverter is not the accompanying future interest created with a fee simple determinable and held by the grantor. (Please answer in Portuguese)
Claro que nao
When it comes to conflict of laws, traditionally, all issues affecting land contracts were not determined by applying the law of the jurisdiction where the land was located (Please answer in Portuguese)
Claro que nao
When it comes to the causation element for a trespass to land claim, a trespass claim can be successful even if a physical invasion of real property did not result from the trespasser's conduct or a series of events that her or his conduct set in motion. (Please answer in Portuguese)
Claro que nao
Impression, Sunrise (1872) Painter
Claude Monet
Marvin Gaye, I Heard It Through The Grapevine
It took me by surprise I must say When I found out yesterday Don'tcha know that I Heard it through the grapevine Not much longer would you be mine Oh I heard it through the grapevine Oh I'm just about to lose my mind Honey, honey yeah ... People say believe half of what you see, son And none of what you hear But I can't help bein' confused If it's true please tell me dear
The Wages of the Crying Wolf: A Comment on Roe v. Wade, 82 Yale L.J. 920 (1973) Author
John Hart Ely
Leona Lewis, Bleeding Love
Closed off from love, I didn't need the pain Once or twice was enough and it was all in vain Time starts to pass, before you know it, you're frozen, ooh But something happened for the very first time with you
Eisenstadt v. Baird, 405 US 438 (1972) (Justice Brennan Opinion Conclusion)
Concluding that a Massachusetts statute prohibiting unmarried individuals from using contraceptive products violated the Fourteenth Amendment's Due Process Clause
Bellotti v. Baird, 443 US 622 (1979) (Bellotti II) (Justice Powell Opinion Conclusion)
Concluding that a Massachusetts statute requiring parental consent for minor abortions with no bypass procedure violated the Fourteenth Amendment's Due Process Clause
Stenberg v. Carhart, 530 US 914 (2000) (Justice Breyer Opinion Conclusion)
Concluding that a Nebraska statute prohibiting late dilation and extraction abortions with no health exception violated the Fourteenth Amendment's Due Process Clause
Meyer v. Nebraska, 262 US 390 (1923) (Justice McReynolds Opinion Conclusion)
Concluding that a Nebraska statute prohibiting the teaching of foreign languages violated the Fourteenth Amendment's Due Process Clause
Carey v. Population Services Int'l, 431 US 678 (1977) (Justice Brennan Opinion Conclusion)
Concluding that a New York statute prohibiting the sale or distribution of contraceptives to minors under 16 violated the Fourteenth Amendment's Due Process Clause
Roe v. Wade, 410 US 113 (1973) (Justice Blackmun Opinion Conclusion)
Concluding that a Texas statute criminalizing abortion except when necessary to save the mother's life violated the Fourteenth Amendment's Due Process Clause
Loving v. Virginia, 388 US 1 (1967) (Chief Justice Warren Opinion Conclusion)
Concluding that a Virginia statute prohibiting interracial marriages among Caucasians violated the Fourteenth Amendment's Due Process Clause and Equal Protection Clause
Troxel v. Granville, 530 US 57 (2000) (Justice O'Connor Opinion Conclusion)
Concluding that a Washington statute authorizing the state superior court to grant visitation rights based on the child's best interests violated the Fourteenth Amendment's Due Process Clause as applied to respondent
Adams v. Tanner, 244 US 590 (1917) (Justice McReynolds Opinion Conclusion)
Concluding that a Washington statute prohibiting employment agencies from collecting fees from workers violated the Fourteenth Amendment's Due Process Clause
Zablocki v. Redhail, 434 US 374 (1978) (Justice Marshall Opinion Conclusion)
Concluding that a Wisconsin statute prohibiting individuals delinquent in child support payments from marrying violated the Fourteenth Amendment's Equal Protection Clause
Adair v. United States, 208 US 161 (1908) (First Justice Harlan Opinion Conclusion)
Concluding that a federal statute prohibiting yellow dog contracts violated the Fifth Amendment's Due Process Clause
Moore v. East Cleveland, 431 US 494 (1977) (Justice Powell Opinion Conclusion)
Concluding that a municipal ordinance limiting dwelling occupancy to single family members violated the Fourteenth Amendment's Due Process Clause
Nectow v. Cambridge, 277 US 183 (1928) (Justice Sutherland Opinion Conclusion)
Concluding that a municipal zoning ordinance violated the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause as applied to petitioner
Palazzolo v. Rhode Island, 533 US 606 (2001) (Justice Kennedy Opinion Conclusion)
Concluding that a property owner who acquired title to property after it was subject to land-use regulations could raise a takings claim under the Fifth and Fourteenth Amendments.
Nollan v. California Coastal Comm'n, 483 US 825 (1987) (Justice Scalia Opinion Conclusion)
Concluding that a state agency beachfront construction grant conditions violated the Fifth Amendment Takings Clause and the Fourteenth Amendment's Due Process Clause
Lochner v. New York, 198 US 45 (1905) (Justice Peckham Opinion Conclusion)
Concluding that a state maximum hour statute violated the Fourteenth Amendment's Due Process Clause
Morehead v. New York ex rel. Tipaldo, 298 US 587 (1936) (Justice Butler Opinion Conclusion)
Concluding that a state minimum wage statute for female workers violated the Fourteenth Amendment's Due Process Clause
Missouri Pacific R. Co. v. Nebraska, 164 US 403 (1896) (Justice Gray Opinion Conclusion)
Concluding that a state private taking violated the Fourteenth Amendment's Due Process Clause
Bailey v. Alabama, 219 US 219 (1911) (Justice Hughes Opinion Conclusion)
Concluding that a state statute compelling workers to carry out any contract they wished to breach violated the Thirteenth Amendment
Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992) (Justice O'Connor Opinion Conclusion)
Concluding that a state statute generally imposing a partner consent requirement on abortion patients violated the Fourteenth Amendment's Due Process Clause
Akron v. Akron Center for Reproductive Health, Inc., 462 US 416 (1983) (Akron I) (Justice Powell Opinion Conclusion)
Concluding that a state statute imposing a mandatory 24 hour waiting period for abortion patients violated the Fourteenth Amendment's Due Process Clause
Thornburgh v. American College of Obstetricians and Gynecologists, 476 US 747 (1986) (Justice Blackmun Opinion Conclusion)
Concluding that a state statute imposing reporting requirements for doctors performing abortions and abortion patients violated the Fourteenth Amendment's Due Process Clause
Griswold v. Connecticut, 381 US 479 (1965) (Justice Douglas Opinion Conclusion)
Concluding that a state statute prohibiting married individuals from using contraceptive products violated the Fourteenth Amendment's Due Process Clause
Goodridge v. Department of Public Health, 440 Mass. 309 (Mass. 2003) (Chief Justice Marshall Opinion Conclusion)
Concluding that a state statute prohibiting same-sex marriage violated the Massachusetts Constitution's Equal Protection and Due Process Clauses
Allgeyer v. Louisiana, 165 US 578 (1897) (Justice Peckham Opinion Conclusion)
Concluding that a state statute prohibiting unlicensed marine insurance firms from doing business in-state violated the Fourteenth Amendment's Due Process Clause
Coppage v. Kansas, 236 US 1 (1915) (Justice Pitney Opinion Conclusion)
Concluding that a state statute prohibiting yellow dog contracts violated the Fourteenth Amendment's Due Process Clause
Planned Parenthood of Central Mo. v. Danforth, 428 US 52 (1976) (Justice Blackmun Opinion Conclusion)
Concluding that a state statute requiring a male partner's written consent for an abortion within the first 12 weeks of pregnancy and parental consent for abortions performed on patients under 18 violated the Fourteenth Amendment's Due Process Clause
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Stockpile Steel
When a court is examining intent to create an express trust, a court can examine settlor conduct (Please answer in Spanish)
Sì
A continuing trespass occurs when objects or items are placed on a land owner's real property and remain on the land for an extended period. (Please answer in Spanish)
Sí
Causation is an element of a land trespass claim. (Please answer in Spanish)
Sí
Conversion can occur if a possessor's conduct substantially goes beyond the scope of possession and use that an owner has authorized. (Please answer in Spanish)
Sí
Stuck In The Middle With You
Trying to make some sense of it all But I see it makes no sense at all. Is it cool to go to sleep on the floor? I don't think that I can take anymore.
In Law's Empire (1986), Dworkin argues that principles and standards are not applied in a conclusive fashion. (i.e. where a principle applies, it can conflict with other principles and requiring balancing) (Please answer in Latin)
Verus
In Law's Empire (1986), Dworkin argues that the validity and invalidity of a rule is not debatable. (i.e. either a rule is valid or it is not) (Please answer in Latin)
Verus
In The Morality of Law (1964), Fuller rejects Hart's claim that law is composed of rules that lack moral content. (Please answer in Latin)
Verus
In The Morality of Law (1964), one of Fuller's principles of procedural morality in legislation is that law must be constituted by rules specifying the conduct which is their object and how that conduct is to be controlled. (Please answer in Latin)
Verus
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. (Please answer in Latin)
Verus
Maroon 5, Sugar
Would you come and put it down on me? Babe, my broken pieces, you pick them up Don't leave me hanging Hanging come give me some
Pat Benatar, Hit Me With Your Best Shot
You're a real tough cookie With a long history Of breaking little hearts like the one in me That's okay, lets see how you do it Put up your dukes, let's get down to it Hit me with your best shot Why don't you hit me with your best shot Hit me with your best shot Fire away
An employer can liable for torts that an independent contractor commits while performing a non-delegable duty for the employer. (Please answer in German)
Naturlich
An offeree's power of acceptance can terminate via lapse of time. (Please answer in German)
Naturlich
Any person in actual and exclusive possession of land that is invaded by a trespasser can bring a trespass to land action against a trespasser. (Please answer in German)
Naturlich
In An Economic Analysis of Law, Posner argues that awarding radio broadcast licenses in comparative proceedings is less efficient than using an auction. (Please answer in German)
Naturlich
In the Concept of Law (1961), Hart does not argue that secondary rules that are rules of adjudication can determine the appropriate damages award in civil cases. (Please answer in Spanish)
No
Issuers that want to release bearer debt can never avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. (Please answer in Spanish)
No
Issuers that want to release bearer debt can never avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. Bearer debt that is in bearer form can never be treated as registered form debt even if the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form. (Please answer in Spanish)
No
It is not the case that a trespasser's projection of light, noise, vibration, or odor over a land owner's property does not constitute a trespass. (Please answer in Spanish)
No
It is not the case that there is no majority rule on whether a land owner can bring a single action or successive actions to recover for a continuing trespass. (Please answer in Spanish)
No
Lack of permission is not an element of a land trespass claim. (Please answer in Spanish)
No
To succeed on a conversion claim, a claimant need not prove that the defendant's interference warrants a forced judicial goods sale. (Please answer in Spanish)
No
Under Federal Rule of Evidence 612, an examining lawyer's presentation of documents to a testifying witness for review before a trial can never be disclosed on cross examination of the witness at trial. (Please answer in Spanish)
No
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
No
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
No
Under the Revised Model Business Corporation Act, a corporation cannot hold special shareholder meetings. (Please answer in Spanish)
No
Under the Revised Model Business Corporation Act, the board of directors cannot call a special meeting. (Please answer in Spanish)
No
When a court is examining intent to create an express trust, a court may never examine spoken words. (Please answer in Spanish)
No
When a court is examining intent to create an express trust, a court may never examine written words. (Please answer in Spanish)
No
When it comes to assessing the merits of a conversion claim, the greater the extent of the possessor's unauthorized use of an owner's goods, the weaker the likelihood that conversion has occurred. (Please answer in Spanish)
No
When it comes to consent that waives the Fourth Amendment's warrant requirement, consent to a search or seizure is valid if it was given with coercion. (Please answer in Spanish)
No
When it comes to consent that waives the Fourth Amendment's warrant requirement, consent to a search or seizure is valid if it was given with duress. (Please answer in Spanish)
No
When it comes to the intent element for a trespass to land claim, it is not the case that a land owner does not need to prove that the trespasser knew that the land belonged to another individual. (Please answer in Spanish)
No
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Segmentation
Payne v. Tennessee, 501 US 808 (1991) (Chief Justice Rehnqusit Opinion Conclusion)
Overruling Booth v. Maryland, 482 U. S. 496 (1987) and South Carolina v. Gathers, 490 U. S. 805 (1989)
Lawrence v. Texas, 539 US 558 (2003) (Justice Kennedy Opinion Conclusion)
Overruling Bowers v. Hardwick, 478 US 186 (1986)
New Orleans v. Dukes, 427 US 297 (1976) (Per Curiam Opinion Conclusion)
Overruling Morey v. Doud, 354 US 457 (1957)
This item refers to a song of praise or joy. The item was originally restricted to odes sung by a Greek chorus in honor of apollo and was later broadened to include other deities
Paean
This item is a poetry foot consisting of one long or stressed syllable and three short or unstressed syllables. The items are named according to which of the four syllables is long or stressed. The item is common in the poetry of Gerard Manley Hopkins
Paeon
This item often refers to belief or conduct different from that contained in a prevailing religion. Several writers such as Byron, Baudelaire, Rimbaud, William Carlos Williams, Erza Pound, D.H. Lawrence, Karen Blixen, and Henry Miller have been charged as being adherents.
Paganism
This item can refer to a Middle Age drama performed on a scaffold stage or a modern dramatic spectacle designed to celebrate some historical event.
Pageant
This item refers to the study of old forms of handwriting. The item is important in establishing texts and deciding authorship.
Paleography
This item refers to a writing surface - whether vellum, papyrus, or other material - that has been used more than once for manuscript purposes
Palimpsest
This item refers to a piece of writing that reads the same from left to right and from right to left. Examples: Civic Able was I ere I saw Elba Close examples: Et tu Brute His notice sudden is
Palindrome
This item refers to a piece of writing that recants or retracts a previous writing - particularly in verses of an earlier ode
Palinode
Penn Central Transp. Co. v. New York City, 438 US 104 (1978) (Justice Brennan Opinion Conclusion)
Rejecting Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to a municipal ordinance designating the Grand Central Terminal building as a landmark
Goldblatt v. Hempstead, 369 US 590 (1962) (Justice Clark Opinion Conclusion)
Rejecting Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to a municipal safety ordinance imposing a pit refill duty and prohibiting certain types of mining
Brown v. Legal Foundation of Wash., 538 US 216 (2003) (Justice Stevens Opinion Conclusion)
Rejecting Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to state court rules requiring the deposit of client funds that could not otherwise generate net earnings for the client in an interest on lawyers' trust account
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 US 302 (Justice Stevens Opinion Conclusion)
Rejecting Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to two municipal development moratoria
Williamson v. Lee Optical of Okla., Inc., 348 US 483 (1955) (Justice Douglas Opinion Conclusion)
Rejecting Fourteenth Amendment Equal Protection and Due Process Clause challenges to a state statute requiring licensed optometrists and ophthalmologists to fit glasses lenses
Lofton v. Secretary of Dept. of Children & Family, 358 F. 3d 804 (11th Cir. 2004) (Judge Birch Opinion Conclusion)
Rejecting Fourteenth Amendment Equal Protection and Due Process clause challenges to a Florida statute prohibiting adoption by same sex couples
El Paso v. Simmons, 379 US 497 (1965) (Justice White Opinion Conclusion)
Rejecting a Contracts Clause challenge to a 1941 Texas public land statute
Ogden v. Saunders, 25 US 213 (1827) (Justice Johnson Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1801 New York insolvency law.
Providence Bank v. Billings, 29 US 514 (1830) (Chief Justice Marshall Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1822 Rhode Island tax statute
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 US 420 (1837) (Chief Justice Taney Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1828 Massachusetts statute
West River Bridge Co. v. Dix, 47 US 507 (1848) (Justice Daniel Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1839 Vermont eminent domain statute
Bronson v. Kinzie, 42 US 311 (1843) (Chief Justice Taney Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1841 Illinois realty statute.
Stone v. Mississippi, 101 US 814 (1880) (Chief Justice Waite Opinion Conclusion)
Rejecting a Contracts Clause challenge to an 1868 state constitutional provision prohibiting lotteries
Home Building & Loan Assn. v. Blaisdell, 290 US 398 (1934) (Chief Justice Hughes Opinion Conclusion)
Rejecting a Contracts Clause challenge to the 1933 Minnesota Mortgage Moratorium Law
Rust v. Sullivan, 500 US 173 (1991) (Chief Justice Rehnquist Opinion Conclusion)
Rejecting a Fifth Amendment Due Process Clause challenge to HHS regulations prohibiting family planning project fund recipients from providing abortion counseling
United States v. Carolene Products Co., 304 US 144 (1938) (Justice Stone Opinion Conclusion)
Rejecting a Fifth Amendment Due Process Clause challenge to a federal statute prohibiting the interstate shipment of filled milk
Gonzales v. Carhart, 550 US 124 (2007) (Justice Kennedy Opinion Conclusion)
Rejecting a Fifth Amendment Due Process Clause challenge to the 2003 Partial Birth Abortion Act
Harris v. McRae, 448 US 297 (1980) (Justice Stewart Opinion Conclusion)
Rejecting a Fifth Amendment Due Process Clause challenge to the Hyde Amendment
Berman v. Parker, 348 US 26 (1954) (Justice Douglas Opinion Conclusion)
Rejecting a Fifth Amendment Taking Clause challenge to a D.C. ordinance authorizing the taking of private property for the purpose of redeveloping blighted urban areas.
Andrus v. Allard, 444 US 51 (1979) (Justice Brennan Opinion Conclusion)
Rejecting a Fifth Amendment Takings Clause challenge to Interior Department regulations promulgated under the Eagle Protection Act and Migratory Bird Treaty Act
Ruckelshaus v. Monsanto Co., 467 US 986 (1984) (Justice Blackmun Opinion Conclusion)
Rejecting a Fifth Amendment Takings Clause challenge to the EPA's consideration and disclosure of respondent's trade secret data before October 22, 1972 and after September 30, 1978 under the Federal Insecticide, Fungicide, and Rodenticide Act
Connolly v. Pension Benefit Guaranty Corporation, 475 US 211 (1986) (Justice White Opinion Conclusion)
Rejecting a Fifth Amendment Takings Clause challenge to the withdrawal liability provisions of the 1980 Multiemployer Pension Plan Amendments Act
Pacific Mut. Life Ins. Co. v. Haslip, 499 US 1 (1991) (Justice Blackmun Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a $1,077,978 punitive damages award provided by an Alabama jury
TXO Production Corp. v. Alliance Resources Corp., 509 US 443 (1993) (Justice Stevens Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a $10,000,000 punitive damages award provided by a West Virginia jury
Maher v. Roe, 432 US 464 (1977) (Justice Powell Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Connecticut statute providing Medicaid benefits for childbirth but not 'medically unnecessary' abortions
Bowers v. Hardwick, 478 US 186 (1986) (Justice White Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Georgia sodomy statute
Webster v. Reproductive Health Services, 492 US 490 (1989) (Chief Justice Rehnquist Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Missouri statute prohibiting state employees from performing abortions and the use of public facilities for abortions
Kelley v. Johnson, 425 US 238 (1976) (Justice Rehnquist Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Suffolk County Police Department regulation limiting police officer hair length and style
Strickley v. Highland Boy Gold Mining Co., 200 US 527 (1906) (Justice Holmes Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Utah eminent domain statute
Holden v. Hardy, 169 US 366 (1898) (Justice Brown Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Utah maximum hour statute for underground miners
HL v. Matheson, 450 US 398 (1981) (Chief Justice Burger Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Utah statute generally requiring parental notification for minor abortions
Miller v. Schoene, 276 US 272 (1928) (Justice Stone Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Virginia public nuisance statute regulating red cedar trees
Buck v. Bell, 274 US 200 (1927) (Justice Holmes Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a Virginia sterilization statute
Village of Belle Terre v. Boraas, 416 US 1 (1974) (Justice Douglas Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a municipal ordinance generally restricting land use to single family dwellings
North American Cold Storage Co. v. Chicago, 211 US 306 (1908) (Justice Peckham Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a municipal ordinance permitting food inspectors to destroy potentially contaminated meat without an ex ante hearing
Chicago, B. & QR Co. v. Chicago, 166 US 226 (1897) (First Justice Harlan Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a municipal taking
Washington v. Glucksberg, 521 US 702 (1997) (Chief Justice Rehnquist Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state assisted suicide statute
Bunting v. Oregon, 243 US 426 (1917) (Justice McKenna Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state maximum hour factory statute
Nebbia v. New York, 291 US 502 (1934) (Justice Roberts Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state minimum price milk statute
Muller v. Oregon, 208 US 412 (1908) (Justice Brewer Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state statute limiting female factory and laundry employees from working more than ten hours per day
Mugler v. Kansas, 123 US 623 (1887) (First Justice Harlan Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state statute prohibiting intoxicating beverages.
Ferguson v. Skrupa, 372 US 726 (1963) (Justice Black Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state statute prohibiting non-lawyers from engaging in debt adjustment
Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft, 462 US 476 (1983) (Justice Powell Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state statute requiring parental consent for minor abortions with a bypass procedure
Ohio v. Akron Center for Reproductive Health, 497 US 502 (1990) (Akron II) (Justice Kennedy Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to a state statute requiring parental consent from one parent for minor abortions with a bypass procedure
Kelo v. New London, 545 US 469 (2005) (Justice Stevens Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to as municipal taking for an integrated development plan
Hawaii Housing Authority v. Midkiff, 467 US 229 (1984) (Justice O'Connor Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to the 1967 Hawaii Land Reform Act
Michael H. v. Gerald D., 491 US 110 (1989) (Justice Scalia Opinion Conclusion)
Rejecting a Fourteenth Amendment Due Process Clause challenge to the application of a California statutory presumption that a child born to a married woman living with her husband is a child of the marriage
Lindsley v. Natural Carbonic Gas Co., 220 US 61 (1911) (Justice Van Devanter Opinion Conclusion)
Rejecting a Fourteenth Amendment Equal Protection Clause challenge to a 1908 New York mineral water statute
Kotch v. Board of River Port Pilot Comm'rs for Port of New Orleans, 330 US 552 (1947) (Justice Black Opinion Conclusion)
Rejecting a Fourteenth Amendment Equal Protection Clause challenge to a Louisiana pilotage statute
Vacco v. Quill, 521 US 793 (1997) (Chief Justice Rehnquist Opinion Conclusion)
Rejecting a Fourteenth Amendment Equal Protection Clause challenge to a New York assisted suicide statute
Railway Express Agency, Inc. v. New York, 336 US 106 (1949) (Justice Douglas Opinion Conclusion)
Rejecting a Fourteenth Amendment Equal Protection Clause challenge to a municipal vehicle advertising regulation
Hollenbaugh v. Carnegie Free Library, 439 U.S. 1052 (1978) (Result)
Rejecting a certiorari petition for a decision upholding the discharge of two public library employees for adulterous cohabitation
Village of Euclid v. Ambler Realty Co., 272 US 365 (1926) (Justice Sutherland Opinion Conclusion)
Rejecting facial Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to a municipal zoning ordinance
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. (Please answer in Norwegian)
Selvfolgelig Ikke
Madame Grand, 1783 Painter
Élisabeth Le Brun
Marie Antoinette and Her Children, 1787 Painter
Élisabeth Le Brun
Bishop v. Wood, 426 US 341 (1976) (John Paul Stevens)
"A property interest in employment can, of course, be created by ordinance, or by an implied contract.[6] In either case, however, the sufficiency of the claim of entitlement must be decided by reference to state law.[7] 345*345 The North Carolina Supreme Court has held that an enforceable expectation of continued public employment in that State can exist only if the employer, by statute or contract, has actually granted some form of guarantee. Still v. Lance, 279 N. C. 254, 182 S. E. 2d 403 (1971). Whether such a guarantee has been given can be determined only by an examination of the particular statute or ordinance in question."
Thornburgh v. American College of Obstetricians and Gynecologists, 476 US 747 (1986) (Harry Blackmun)
"A woman and her physician will necessarily be more reluctant to choose an abortion if there exists a possibility that her decision and her identity will become known publicly. Although the statute does not specifically require the reporting 767*767 of the woman's name, the amount of information about her and the circumstances under which she had an abortion are so detailed that identification is likely. Identification is the obvious purpose of these extreme reporting requirements.[12] The "impermissible limits" that Danforth mentioned and that Missouri approached, see 428 U. S., at 81, have been exceeded here. We note, as we reach this conclusion, that the Court consistently has refused to allow government to chill the exercise of constitutional rights by requiring disclosure of protected, but sometimes unpopular, activities. ... It is clear that the Pennsylvania Legislature knows how to provide a medical-emergency exception when it chooses to do so. It defined "[m]edical emergency" in general terms in § 3203, and it specifically provided a medical-emergency exception with respect to informational requirements, § 3205(b); for parental consent, § 3206; for post-first-trimester hospitalization, § 3209; and for a public official's issuance of an order for an abortion without the express voluntary consent of the woman, § 3215(f). We necessarily conclude that the legislature's failure to provide a medical-emergency exception in § 3210(c) was intentional. All the factors are here for chilling the performance of a late abortion, which, more than one performed at an earlier date, perhaps tends to be under emergency conditions."
Atkins v. Virginia, 536 US 304, 316 n.21 (2002) (John Paul Stevens)
"Additional evidence makes it clear that this legislative judgment reflects a much broader social and professional consensus. For example, several organizations with germane expertise have adopted official positions opposing the imposition of the death penalty upon a mentally retarded offender. See Brief for American Psychological Association et al. as Amici Curiae; Brief for AAMR et al. as Amici Curiae. In addition, representatives of widely diverse religious communities in the United States, reflecting Christian, Jewish, Muslim, and Buddhist traditions, have filed an amicus curiae brief explaining that even though their views about the death penalty differ, they all "share a conviction that the execution of persons with mental retardation cannot be morally justified." Brief for United States Catholic Conference et al. as Amici Curiae 2. Moreover, within the world community, the imposition of the death penalty for crimes committed by mentally retarded offenders is overwhelmingly disapproved. Brief for European Union as Amicus Curiae 4. Finally, polling data shows a widespread consensus among Americans, even those who support the death penalty, that executing the mentally retarded is wrong. Bonner & Rimer, Executing the Mentally Retarded Even as Laws Begin to Shift, N. Y. Times, Aug. 7, 2000, p. A1; App. B to Brief for AAMR et al. as Amici Curiae (appending approximately 20 state and national polls on the issue). Although these factors are by no means dispositive, their consistency with the legislative evidence lends further support to our conclusion that there is a consensus among those who have addressed the issue. See Thompson v. Oklahoma, 487 U. S. 815, 830, 831, n. 31 (1988) (considering the views of "respected professional organizations, by other nations that share our Anglo-American heritage, and by the leading members of the Western European community")."
H & P-IDC v. Bolivarian Republic of Venezuela, 784 F. 3d 804 (D.C. Cir. 2015) (David Tatel)
"Although "we are not bound by the decisions of other circuits," Dissent at 3 (emphasis added), we may "of course ... find the reasons given for such [decisions] persuasive," Northwest Forest Resource Council v. Dombeck, 107 F.3d 897, 900 (D.C.Cir.1997) (quoting James Moore et al., Moore's Federal Practice ¶ 0.402 (2d ed.1996))—especially where, as here, our circuit has yet to consider the issue."
US v. Sauseda, 596 F. 3d 279 (5th Cir. 2010) (Per Curiam Court)
"Although several of our court's unpublished opinions have touched on this question, our court has never held in a published opinion what must be proven to support a toxic-emission enhancement. In any event, although our unpublished opinions are not entirely consistent, they hold, for the most part, that the enhancement is not applicable unless the Government proves violation of one of the listed statutes in application note 19. E.g., United States v. Strackbein, 344 Fed.Appx. 994, 995, 2009 WL 3092484, at *1"
US v. White, 782 F. 3d 1118, 1123 n.2 (10th Cir. 2015)
"Although typically, one panel of this court cannot overrule the judgment of another panel, we may do so if an intervening decision from the Supreme Court invalidates our previous analysis. See United States v. Brooks, 751 F.3d 1204, 1209 (10th Cir.2014).
Carey v. Population Services Int'l, 431 US 678 (1977) (William Brennan)
"An instructive analogy is found in decisions after Roe v. Wade, supra, that held unconstitutional statutes that did not prohibit abortions outright but limited in a variety of ways a woman's access to them. Doe v. Bolton, 410 U. S. 179 (1973); Planned Parenthood of Central Missouri v. Danforth, 428 U. S. 52 (1976). See also Bigelow v. Virginia, 421 U. S. 809 (1975). The significance of these cases is that they establish that the same test must be applied to state regulations that burden an individual's right to decide to prevent conception or terminate pregnancy by substantially limiting access to the means of effectuating that decision as is applied to state statutes that prohibit the decision entirely. Both types of regulation "may be justified only by a `compelling state interest' . . . and . . . must be narrowly drawn to express only the legitimate state interests at stake." Roe v. Wade, supra, at 155.[5] See also Eisenstadt v. Baird, 405 U. S., at 463 (WHITE, J., concurring in result). This is so not because there is an independent fundamental "right of access to contraceptives," but because such access is essential to exercise of the constitutionally protected right of decision in matters of childbearing that is the 689*689 underlying foundation of the holdings in Griswold, Eisenstadt v. Baird, and Roe v. Wade. ... [T]here is substantial reason for doubt whether limiting access to contraceptives will in fact substantially discourage early sexual behavior. Appellants themselves conceded in the District Court that "there is no evidence that teenage extramarital sexual activity increases in proportion to the availability of contraceptives," 398 F. Supp., at 332, and n. 10, and accordingly offered none, in the District Court or here. Appellees, on the other hand, cite a considerable body of evidence and opinion indicating that there is no such deterrent effect.[19]"
Adkins v. Children's Hospital of DC, 261 US 525 (1923) (Oliver Wendell Holmes Jr.)
"I confess that I do not understand the principle on which the power to fix a minimum for the wages of women can be denied by those who admit the power to fix a maximum for their hours of work...The bargain is equally affected whichever half you regulate. Muller v. Oregon, I take it, is as good law today as it was in 1908. It will 570*570 need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account."
Home Building & Loan Assn. v. Blaisdell, 290 US 398 (1934) (Charles Evans Hughes)
"And if state power exists to give temporary relief from the enforcement of contracts in the presence of disasters due to physical causes such as fire, flood or earthquake, that 440*440 power cannot be said to be non-existent when the urgent public need demanding such relief is produced by other and economic causes. Whatever doubt there may have been that the protective power of the State, its police power, may be exercised — without violating the true intent of the provision of the Federal Constitution — in directly preventing the immediate and literal enforcement of contractual obligations, by a temporary and conditional restraint, where vital public interests would otherwise suffer, was removed by our decisions relating to the enforcement of provisions of leases during a period of scarcity of housing. ... It is manifest from this review of our decisions that there has been a growing appreciation of public needs and of the necessity of finding ground for a rational compromise between individual rights and public welfare. The settlement and consequent contraction of the public domain, the pressure of a constantly increasing density of population, the interrelation of the activities of our people and the complexity of our economic interests, have inevitably led to an increased use of the organization of society in order to protect the very bases of individual opportunity. Where, in earlier days, it was thought that only the concerns of individuals or of classes were involved, and that those of the State itself were touched only remotely, it has later been found that the fundamental interests of the State are directly affected; and that the question is no longer merely that of one party to a contract as against another, but of the use of reasonable means to safeguard the economic structure upon which the good of all depends."
Nebbia v. New York, 291 US 502 (1934) (Owen Roberts)
"And the guaranty of due process, as has often been held, demands only that the law shall not be unreasonable, arbitrary or capricious, and that the means selected shall have a real and substantial relation to the object sought to be attained. ... The phrase "affected with a public interest" can, in the nature of things, mean no more than that an industry, for adequate reason, is subject to control for the public good...But there can be no doubt that upon proper occasion and by appropriate measures the state may regulate a business in any of its aspects, including the prices to be charged for the products or commodities it sells. So far as the requirement of due process is concerned, and in the absence of other constitutional restriction, a state is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose."
Goldberg v. Kelly, 397 US 254 (1970) (William Brennan)
"Appellant does not contend that procedural due process is not applicable to the termination of welfare benefits. 262*262 Such benefits are a matter of statutory entitlement for persons qualified to receive them.[8] Their termination involves state action that adjudicates important rights. The constitutional challenge cannot be answered by an argument that public assistance benefits are "a `privilege' and not a `right.' " Shapiro v. Thompson, 394 U. S. 618, 627 n. 6 (1969). Relevant constitutional restraints apply as much to the withdrawal of public assistance benefits as to disqualification for unemployment compensation, Sherbert v. Verner, 374 U. S. 398 (1963); or to denial of a tax exemption, Speiser v. Randall, 357 U. S. 513 (1958); or to discharge from public employment, Slochower v. Board of Higher Education, 350 U. S. 551 (1956).[9] The extent to which procedural due process 263*263 must be afforded the recipient is influenced by the extent to which he may be "condemned to suffer grievous loss," Joint Anti-Fascist Refugee Committee v. McGrath, 341 U. S. 123, 168 (1951) (Frankfurter, J., concurring), and depends upon whether the recipient's interest in avoiding that loss outweighs the governmental interest in summary adjudication. Accordingly, as we said in Cafeteria & Restaurant Workers Union v. McElroy, 367 U. S. 886, 895 (1961), "consideration of what procedures due process may require under any given set of circumstances must begin with a determination of the precise nature of the government function involved as well as of the private interest that has been affected by governmental action." See also Hannah v. Larche, 363 U. S. 420, 440, 442 (1960). ... It is true, of course, that some governmental benefits may be administratively terminated without affording the recipient a pre-termination evidentiary hearing.[10] 264*264 But we agree with the District Court that when welfare is discontinued, only a pre-termination evidentiary hearing provides the recipient with procedural due process. Cf. Sniadach v. Family Finance Corp., 395 U. S. 337 (1969). For qualified recipients, welfare provides the means to obtain essential food, clothing, housing, and medical care.[11] Cf. Nash v. Florida Industrial Commission, 389 U. S. 235, 239 (1967). Thus the crucial factor in this context—a factor not present in the case of the blacklisted government contractor, the discharged government employee, the taxpayer denied a tax exemption, or virtually anyone else whose governmental entitlements are ended—is that termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits. Since he lacks independent resources, his situation becomes immediately desperate. His need to concentrate upon finding the means for daily subsistence, in turn, adversely affects his ability to seek redress from the welfare bureaucracy."
Cooper v. Aaron, 358 US 1 (1958) (Per Curiam)
"Article VI of the Constitution makes the Constitution the "supreme Law of the Land." In 1803, Chief Justice Marshall, speaking for a unanimous Court, referring to the Constitution as "the fundamental and paramount law of the nation," declared in the notable case of Marbury v. Madison, 1 Cranch 137, 177, that "It is emphatically the province and duty of the judicial department to say what the law is." This decision declared the basic principle that the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." Every state legislator and executive and judicial officer is solemnly committed by oath taken pursuant to Art. VI, cl. 3, "to support this Constitution." Chief Justice Taney, speaking for a unanimous Court in 1859, said that this requirement reflected the framers' "anxiety to preserve it [the Constitution] in full force, in all its powers, and to guard against resistance to or evasion of its authority, on the part of a State . . . ." Ableman v. Booth, 21 How. 506, 524. No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. Chief Justice Marshall spoke for a unanimous Court in saying that: "If the legislatures of the several states may, at will, annul the judgments of the courts of the United States, and destroy the rights acquired under those judgments, the constitution itself becomes a solemn mockery . . . ." United States v. Peters, 5 Cranch 115, 136. A Governor who asserts a 19*19 power to nullify a federal court order is similarly restrained. If he had such power, said Chief Justice Hughes, in 1932, also for a unanimous Court, "it is manifest that the fiat of a state Governor, and not the Constitution of the United States, would be the supreme law of the land; that the restrictions of the Federal Constitution upon the exercise of state power would be but impotent phrases . . . ." Sterling v. Constantin, 287 U. S. 378, 397-398. It is, of course, quite true that the responsibility for public education is primarily the concern of the States, but it is equally true that such responsibilities, like all other state activity, must be exercised consistently with federal constitutional requirements as they apply to state action. The Constitution created a government dedicated to equal justice under law. The Fourteenth Amendment embodied and emphasized that ideal. State support of segregated schools through any arrangement, management, funds, or property cannot be squared with the Amendment's command that no State shall deny to any person within its jurisdiction the equal protection of the laws. The right of a student not to be segregated on racial grounds in schools so maintained is indeed so fundamental and pervasive that it is embraced in the concept of due process of law. Bolling v. Sharpe, 347 U. S. 497. The basic decision in Brown was unanimously reached by this Court only after the case had been briefed and twice argued and the issues had been given the most serious consideration. Since the first Brown opinion three new Justices have come to the Court. They are at one with the Justices still on the Court who participated in that basic decision as to its correctness, and that decision is now unanimously reaffirmed. The principles announced in that decision and the obedience of the States to them, according to the command of the Constitution, 20*20 are indispensable for the protection of the freedoms guaranteed by our fundamental charter for all of us. Our constitutional ideal of equal justice under law is thus made a living truth."
Planned Parenthood Assn. of Kansas City, Mo., Inc. v. Ashcroft, 462 US 476 (1983) (Lewis Powell)
"As we noted in City of Akron, the relevant legal standards with respect to parental-consent requirements are not in dispute. See ante, at 439; Bellotti v. Baird, 443 U. S. 622, 640-642, 643-644 (1979) (Bellotti II) (plurality opinion); id., at 656-657 (WHITE, J., dissenting).[15] A State's interest in 491*491 protecting immature minors will sustain a requirement of a consent substitute, either parental or judicial. It is clear, however, that "the State must provide an alternative procedure whereby a pregnant minor may demonstrate that she is sufficiently mature to make the abortion decision herself or that, despite her immaturity, an abortion would be in her best interests."[16] City of Akron, ante, at 439-440.[17] The issue here is one purely of statutory construction: whether Missouri 492*492 provides a judicial alternative that is consistent with these established legal standards. ... Where fairly possible, courts should construe a statute to avoid a danger of unconstitutionality. The Court of Appeals was aware, if the statute provides discretion to deny permission to a minor for any "good cause," that arguably it would violate the principles that this Court has set forth. Ibid. It recognized, however, that before exercising any option, the Juvenile Court must receive evidence on "the emotional development, maturity, intellect and understanding of the minor." Mo. Rev. Stat. § 188.028.2(3) (Supp. 1982). The court then reached the logical conclusion that "findings and the ultimate denial of the petition must be supported by a showing of `good cause.' " 655 F. 2d, at 858. The Court of Appeals reasonably found that a court could not deny a petition "for good cause" unless it first found — after having received the required evidence — that the minor was not mature enough to make her own decision. See Bellotti II, 443 U. S., at 643-644, 647-648 (plurality opinion). We conclude that the Court of Appeals correctly interpreted the statute and that § 188.028, as interpreted, avoids any constitutional infirmities."
Goodridge v. Department of Public Health, 440 Mass. 309 (Mass. 2003) (Margaret Marshall)
"Barred access to the protections, benefits, and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions. That exclusion is incompatible with the constitutional principles of respect for individual autonomy and equality under law. ... The department has offered no evidence that forbidding marriage to people of the same sex will increase the number of couples choosing to enter into opposite-sex marriages in order to have and raise children. There is thus no rational relationship between the marriage statute and the Commonwealth's proffered goal of protecting the "optimal" child rearing unit."
Siegel, Reasoning from the Body: A Historical Perspective on Abortion Regulation and Questions of Equal Protection, 44 Stan. L. Rev. 261 (1992)
"Because Roe and its progeny treat pregnancy as a physiological problem, they obscure the extent to which the community that would regulate a woman's reproductive choices is in fact implicated in them, responsible for defining motherhood in ways that impose material deprivations and dignitary injuries on those who perform its work. ... Roe describes a woman's interest in terminating a pregnancy in terms consonant with the logic of the therapeutic exception, which was expanding at the time of the Court's decision. Consequently, the opinion presents decisions about motherhood as a private dilemma to be resolved by a woman and her doctor: a "woman's problem," in which the social organization of motherhood plays little part. In Roe, the Court repeatedly suggests that states should defer to private decisions respecting abortion because they reflect the expertise of a medical professional, not because the community owes any particular deference to women's decisions about whether to assume the obligations of motherhood."
Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419 (1982) (Harry Blackmun)
"In sum, history teaches that takings claims are properly evaluated under a multifactor balancing test. By directing that all "permanent physical occupations" automatically are compensable, "without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owner," ante, at 434-435, the Court does not further equity so much as it encourages litigants to manipulate their factual allegations to gain the benefit of its per se rule. Cf. n. 8, supra. I do not relish the prospect of distinguishing the inevitable flow of certiorari petitions attempting to shoehorn insubstantial takings claims into today's "set formula."
Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992) (Sandra O'Connor)
"Because neither the factual underpinnings of Roe `s central holding nor our understanding of it has changed (and because no other indication of weakened precedent has been shown), the Court could not pretend to be reexamining the prior law with any justification beyond a present doctrinal disposition to come out differently from the Court of 1973. To overrule prior law for no other reason than that would run counter to the view repeated in our cases, that a decision to overrule should rest on some special reason over and above the belief that a prior case was wrongly decided. See, e. g., Mitchell v. W. T. Grant Co., 416 U. S. 600, 636 (1974) (Stewart, J., dissenting) ("A basic change in the law upon a ground no firmer than a change in our membership invites the popular misconception that this institution is little different from the two political branches of the Government. No misconception could do more lasting injury to this Court and to the system of law which it is our abiding mission to serve"); Mapp v. Ohio, 367 U. S. 643, 677 (1961) (Harlan, J., dissenting)."
Maher v. Roe, 432 US 464 (1977) (William Brennan)
"But a distressing insensitivity to the plight of impoverished pregnant women is inherent in the Court's analysis. The stark reality for too many, not just "some," indigent pregnant women is that indigency makes access to competent licensed physicians not merely "difficult" but "impossible." As a practical matter, many indigent women will feel they have no choice but to carry their pregnancies to term because the State will pay for the associated medical services, even though they would have chosen to have abortions if the State had also provided funds for that procedure, or indeed if the State had provided funds for neither procedure. This disparity in funding by the State clearly operates to coerce indigent pregnant women to bear children they would not otherwise choose to have, and just as clearly, this coercion can only operate upon the poor, who are uniquely the victims of this form of financial pressure."
Estrich and Sullivan, Abortion Politics: Writing for an Audience of One, 138 U. Pa. L. Rev. 119 (1989)
"But notwithstanding the occasional strength of her rhetoric, Justice O'Connor has never questioned Roe's central premise that the liberty to choose abortion is fundamental, nor accepted ChiefJustice Rehnquist's and Justice White's view that any state interest at any point in pregnancy may, if a state legislature chooses, outweigh a woman's right to choose. Quite to the contrary, she has sought to articulate a test which, again depending on how it is applied, could protect women at least against significant burdens of their privacy rights."
FS Royster Guano Co. v. Virginia, 253 US 412 (1920) (Mahon Pitney)
"But the classification must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstances shall be treated alike. The latitude of discretion is notably wide in the classification of property for purposes of taxation and the granting of partial or total exemptions upon grounds of policy."
Moore v. East Cleveland, 431 US 494 (1977) (Lewis Powell)
"But when the government intrudes on choices concerning family living arrangements, this Court must examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation. See Poe v. Ullman, supra, at 554 (Harlan, J., dissenting). When thus examined, this ordinance cannot survive. The city seeks to justify it as a means of preventing overcrowding, 500*500 minimizing traffic and parking congestion, and avoiding an undue financial burden on East Cleveland's school system. Although these are legitimate goals, the ordinance before us serves them marginally, at best.[7] For example, the ordinance permits any family consisting only of husband, wife, and unmarried children to live together, even if the family contains a half dozen licensed drivers, each with his or her own car. At the same time it forbids an adult brother and sister to share a household, even if both faithfully use public transportation. The ordinance would permit a grandmother to live with a single dependent son and children, even if his school-age children number a dozen, yet it forces Mrs. Moore to find another dwelling for her grandson John, simply because of the presence of his uncle and cousin in the same household. We need not labor the point. Section 1341.08 has but a tenuous relation to alleviation of the conditions mentioned by the city."
Stenberg v. Carhart, 530 US 914 (2000) (Stephen Breyer)
"But where substantial medical authority supports the proposition that banning a particular abortion procedure could endanger women's health, Casey requires the statute to include a health exception when the procedure is "`necessary, in appropriate medical judgment, for the preservation of the life or health of the mother."
Hawaii Housing Authority v. Midkiff, 467 US 229 (1984) (Sandra O'Connor)
"But where the exercise of the eminent domain power is rationally related to a conceivable public purpose, the Court has never held a compensated taking to be proscribed by the Public Use Clause. See Berman v. Parker, supra; Rindge Co. v. Los Angeles, 262 U. S. 700 (1923); Block v. Hirsh, 256 U. S. 135 (1921); cf. Thompson v. Consolidated Gas Corp., supra (invalidating an uncompensated taking). On this basis, we have no trouble concluding that the Hawaii Act is constitutional. The people of Hawaii have attempted, much as the settlers of the original 13 Colonies did,[5] to reduce the perceived social and economic evils of a 242*242 land oligopoly traceable to their monarchs. The land oligopoly has, according to the Hawaii Legislature, created artificial deterrents to the normal functioning of the State's residential land market and forced thousands of individual homeowners to lease, rather than buy, the land underneath their homes. Regulating oligopoly and the evils associated with it is a classic exercise of a State's police powers."
United States v. Carolene Products Co., 304 US 144 (1938) (Harlan Stone)
"Even in the absence of such aids the existence of facts supporting the legislative judgment is to be presumed, for regulatory legislation affecting ordinary commercial transactions is not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests upon some rational basis within the knowledge and experience of the legislators. Here the demurrer challenges the validity of the statute on its face and it is evident from all the considerations presented to Congress, and those of which we may take judicial notice, that the question is at least debatable whether commerce in filled milk should be left unregulated, or in some measure restricted, or wholly prohibited. As that decision was for Congress, neither the finding of a court arrived at by weighing the evidence, nor the verdict of a jury can be substituted for it."
Rust v. Sullivan, 500 US 173 (1991) (Harry Blackmun)
"By suppressing medically pertinent information and injecting a restrictive ideological message unrelated to considerations of maternal health, the Government places formidable obstacles in the path of Title X clients' freedom of choice and thereby violates their Fifth Amendment rights. ... The undeniable message conveyed by this forced speech, and the one that the Title X client will draw from it, is that abortion nearly always is an improper medical option. Although her physician's words, in fact, are strictly controlled by the Government and wholly unrelated to her particular medical situation, the Title X client will reasonably construe them as professional advice to forgo her right to obtain an abortion. In view of the inevitable effect of the regulations, the majority's conclusion that "[t]he difficulty that a woman encounters when a Title X project does not provide abortion counseling or referral leaves her in no different position than she would have been if the Government had not enacted Title X," ante, at 202, is insensitive and contrary to common human experience. Both the purpose and result of the challenged regulations are to deny women the ability voluntarily to decide their procreative destiny. For these women, the Government will have obliterated the freedom to choose as surely as if it had banned abortions outright. The denial of this freedom is not a consequence of poverty but of the Government's ill-intentioned distortion of information it has chosen to provide."
Carey v. Population Services Int'l, 431 US 678 (1977) (John Paul Stevens)
"Common sense indicates that many young people will engage in sexual activity regardless of what the New York Legislature does; and further, that the incidence of venereal disease and premarital pregnancy is affected by the availability or unavailability of contraceptives. Although young persons theoretically may avoid those harms by practicing total abstention, inevitably many will not. The statutory prohibition denies them and their parents a choice which, if available, would reduce their exposure to disease or unwanted pregnancy. 715*715 The State's asserted justification is a desire to inhibit sexual conduct by minors under 16. Appellants do not seriously contend that if contraceptives are available, significant numbers of minors who now abstain from sex will cease abstaining because they will no longer fear pregnancy or disease.[2] Rather appellants' central argument is that the statute has the important symbolic effect of communicating disapproval of sexual activity by minors.[3] In essence, therefore, the statute is defended as a form of propaganda, rather than a regulation of behavior.[4] Although the State may properly perform a teaching function, it seems to me that an attempt to persuade by inflicting harm on the listener is an unacceptable means of conveying a message that is otherwise legitimate. The propaganda technique used in this case significantly increases the risk of unwanted pregnancy and venereal disease. It is as though a State decided to dramatize its disapproval of motorcycles by forbidding the use of safety helmets. One need not posit a constitutional right to ride a motorcycle to characterize such a restriction as irrational and perverse."
Goldblatt v. Hempstead, 369 US 590 (1962) (Tom Clark)
"Concededly the ordinance completely prohibits a beneficial use to which the property has previously been devoted. However, such a characterization does not tell us whether or not the ordinance is unconstitutional. It is an oft-repeated truism that every regulation necessarily speaks as a prohibition. If this ordinance is otherwise a valid exercise of the town's police powers, the fact that it deprives the property of its most beneficial use does not render it unconstitutional. Walls v. Midland Carbon Co., 254 U. S. 300 (1920); Hadacheck v. Sebastian, 239 U. S. 593*593 394 (1915); Reinman v. Little Rock, 237 U. S. 171 (1915); Mugler v. Kansas, 123 U. S. 623 (1887); see Laurel Hill Cemetery v. San Francisco, 216 U. S. 358 (1910). As pointed out in Mugler v. Kansas, supra, at 668-669: ... Although one could imagine that preventing further deepening of a pond already 25 feet deep would have a de minimis effect on public safety, we cannot say that such a conclusion is compelled by facts of which we can take notice. Even if we could draw such a conclusion, 596*596 we would be unable to say the ordinance is unreasonable; for all we know, the ordinance may have a de minimis effect on appellants. Our past cases leave no doubt that appellants had the burden on "reasonableness." E. g., Bibb v. Navajo Freight Lines, 359 U. S. 520, 529 (1959) (exercise of police power is presumed to be constitutionally valid); Salsburg v. Maryland, 346 U. S. 545, 553 (1954) (the presumption of reasonableness is with the State); United States v. Carolene Products Co., 304 U. S. 144, 154 (1938) (exercise of police power will be upheld if any state of facts either known or which could be reasonably assumed affords support for it). This burden not having been met, the prohibition of excavation on the 20-acre-lake tract must stand as a valid police regulation."
Muller v. Oregon, 208 US 412 (1908) (David Brewer)
"Differentiated by these matters from the other sex, she is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men and could not be sustained."
BMW of North America, Inc. v. Gore, 517 US 559 (1996) (John Paul Stevens)
"Elementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject [hero or] him to punishment, but also of the severity of the penalty that a State may impose.[22] Three guideposts, each of which indicates that BMW did not receive adequate notice of the magnitude of the sanction that Alabama might impose for adhering to the nondisclosure policy adopted in 1983, lead us to the conclusion that 575*575 the $2 million award against BMW is grossly excessive: the degree of reprehensibility of the nondisclosure; the disparity between the harm or potential harm suffered by Dr. Gore and [her or] his punitive damages award; and the difference between this remedy and the civil penalties authorized or imposed in comparable cases."
George Paton, A Textbook of Jurisprudence 209 (1972)
"Even in America where the common law system was inherited, the doctrine of precedent is more liberal."
Pennsylvania Coal Co. v. Mahon, 260 US 393 (1922) (Louis Brandeis)
"Every restriction upon the use of property imposed in the exercise of the police power deprives the owner of some right theretofore enjoyed, and is, in that sense, an abridgment by the State of rights in property without making compensation. But restriction imposed to protect the public health, safety or morals from dangers threatened is not a taking. The restriction here in question is merely the prohibition of a noxious use. The property so restricted remains in the possession of its owner. The State does not appropriate it or make any use of it. The State merely prevents the owner from making a use which interferes with paramount rights of the public. Whenever the use prohibited ceases to be noxious — as it may because of further change in local or social conditions, — the restriction will have to be removed and the owner will again be free to enjoy his property as heretofore."
Chapman v. Pinellas County, 423 So. 2d 578 (Fla. Dist. Ct. App. 1982) (John Scheb)
"Finally, we agree with appellant that a trial court is obligated to follow decisions of other district courts of appeal in this state in the absence of conflicting authority and where the appellate court in its own district has not decided the issue. As the supreme court pointed out in Stanfill v. State, 384 So.2d 141 (Fla. 1980), decisions of the district courts of appeal represent the law of Florida unless and until they are overruled by the supreme court. Therefore, a trial court in this district is obliged to follow the precedents of other district courts of appeal absent a controlling precedent of this court or the supreme court. Dillon v. Chapman, 404 So.2d 354 (Fla. 5th DCA 1981), rev'd on other grounds, 415 So.2d 12 (Fla. 1982); State v. Hayes, 333 So.2d 51 (Fla. 4th DCA 1976). But see Smith v. Venus Condominium Ass'n, 343 So.2d 1284 (Fla. 1st DCA 1976), vacated on other grounds, 352 So.2d 1169 (Fla. 1977)."
Bellotti v. Baird, 443 US 622 (1979) (Bellotti II) (Lewis Powell)
"For these reasons, as we held in Planned Parenthood of Central Missouri v. Danforth, 428 U. S., at 74, "the State may not impose a blanket provision . . . requiring the consent of a parent or person in loco parentis as a condition for abortion of an unmarried minor during the first 12 weeks of her pregnancy." Although, as stated in Part II, supra, such deference to parents may be permissible with respect to other choices facing a minor, the unique nature and consequences of the abortion decision make it inappropriate "to give a third party an absolute, and possibly arbitrary, veto over the decision of the physician and his patient to terminate the patient's pregnancy, regardless of the reason for withholding the consent." 428 U. S., at 74. We therefore conclude that if the State decides to require a pregnant minor to obtain one or both parents' consent to an abortion, it also must provide an alternative procedure[22] whereby authorization for the abortion can be obtained."
Harris v. McRae, 448 US 297 (1980) (William Brennan)
"For what the Court fails to appreciate is that it is not simply the woman's indigency that interferes with her freedom of choice, but the combination of her own poverty and the Government's unequal subsidization of abortion and childbirth. ... The fundamental flaw in the Court's due process analysis, then, is its failure to acknowledge that the discriminatory distribution of the benefits of governmental largesse can discourage the exercise of fundamental liberties just as effectively as can an outright denial of those rights through criminal and regulatory sanctions."
Lochner v. New York, 198 US 45 (1905) (Oliver Wendell Holmes Jr.)
"General propositions do not decide concrete cases. The decision will depend on a judgment or intuition more subtle than any articulate major premise. But I think that the proposition just stated, if it is accepted, will carry us far toward the end. Every opinion tends to become a law. I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair [woman or] man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law."
Pennsylvania Coal Co. v. Mahon, 260 US 393 (1922) (Oliver Wendell Holmes Jr.)
"Government hardly could go on if to some extent values incident to property could not be diminished without paying for every such change in the general law. As long recognized, some values are enjoyed under an implied limitation and must yield to the police power. But obviously the implied limitation must have its limits, or the contract and due process clauses are gone. One fact for consideration in determining such limits is the extent of the diminution. When it reaches a certain magnitude, in most if not in all cases there must be an exercise of eminent domain and compensation to sustain the act. So the question depends upon the particular facts. The greatest weight is given to the judgment of the legislature, but it always is open to interested parties to contend that the legislature has gone beyond its constitutional power. ... It is our opinion that the act cannot be sustained as an exercise of the police power, so far as it affects the mining of coal under streets or cities in places where the right to mine such coal has been reserved. ... The general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking.
Lochner v. New York, 198 US 45 (1905) (First Justice Harlan)
"Granting then that there is a liberty of contract which cannot be violated even under the sanction of direct legislative enactment, but assuming, as according to settled law we may assume, that such liberty of contract is subject to such regulations as the State may reasonably prescribe for the common good and the well-being of society, what are the conditions under which the judiciary may declare such regulations to be in excess of legislative authority and void? ... It is plain that this statute was enacted in order to protect the physical well-being of those who work in bakery and confectionery establishments. It may be that the statute had its origin, in part, in the belief that employers and employes in such establishments were not upon an equal footing, and that the necessities of the latter often compelled them to submit to such exactions as unduly taxed their strength. Be this as it may, the statute must be taken as expressing the belief of the people of New York that, as a general rule, and in the case of the average man, labor in excess of sixty hours during a week in such establishments may endanger the health of those who thus labor...So that in determining the question of power to interfere with liberty of contract, the court may inquire whether the means devised by the State are germane to an end which may be lawfully accomplished and have a real or substantial relation to the protection of health, as involved in the daily work of the persons, male and female, engaged in bakery and confectionery establishments."
Paul v. Davis, 424 US 693 (1976) (William Brennan)
"I dissent. The Court today holds that police officials, acting in their official capacities as law enforcers, may on their own initiative and without trial constitutionally condemn innocent individuals as criminals and thereby brand them with one of the most stigmatizing and debilitating labels in our society. If there are no constitutional restraints on such oppressive behavior, the safeguards constitutionally accorded an accused in a criminal trial are rendered a sham, and no individual can feel secure that he will not be arbitrarily singled out for similar ex parte punishment by those primarily charged with fair enforcement of the law. The Court accomplishes this result by excluding a person's interest in his good name and reputation from all constitutional protection, regardless of the character of or necessity for the government's actions. The result, which is demonstrably inconsistent with out prior case law and unduly restrictive in its construction of our precious Bill of Rights, is one in which I cannot concur."
Griswold v. Connecticut, 381 US 479 (1965) (Arthur Goldberg)
"I do agree that the concept of liberty protects those personal rights that are fundamental, and is not confined to the specific terms of the Bill of Rights. My conclusion that the concept of liberty is not so restricted and that it embraces the right of marital privacy though that right is not mentioned explicitly in the Constitution[1] is supported both by numerous 487*487 decisions of this Court, referred to in the Court's opinion, and by the language and history of the Ninth Amendment. In reaching the conclusion that the right of marital privacy is protected, as being within the protected penumbra of specific guarantees of the Bill of Rights, the Court refers to the Ninth Amendment, ante, at 484. I add these words to emphasize the relevance of that Amendment to the Court's holding. ... While this Court has had little occasion to interpret the Ninth Amendment,[6] "[i]t cannot be presumed that any 491*491 clause in the constitution is intended to be without effect." Marbury v. Madison, 1 Cranch 137, 174. In interpreting the Constitution, "real effect should be given to all the words it uses." Myers v. United States, 272 U. S. 52, 151. The Ninth Amendment to the Constitution may be regarded by some as a recent discovery and may be forgotten by others, but since 1791 it has been a basic part of the Constitution which we are sworn to uphold. To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and to give it no effect whatsoever."
Washington v. Glucksberg, 521 US 702 (1997) (Steven Breyer)
"I do not believe, however, that this Court need or now should decide whether or a not such a right is "fundamental." That is because, in my view, the avoidance of severe physical pain (connected with death) would have to constitute an essential part of any successful claim and because, as Justice O'Connor points out, the laws before us do not force a dying person to undergo that kind of pain...Rather, the laws of New York and of Washington do not prohibit doctors from providing patients with drugs sufficient to control pain despite the risk that those drugs themselves will kill. Medical technology, we are repeatedly told, makes the administration of pain-relieving drugs sufficient, except for a very few individuals for whom the ineffectiveness of pain control medicines can mean not pain, but the need for sedation 792*792 which can end in a coma. This legal circumstance means that the state laws before us do not infringe directly upon the (assumed) central interest (what I have called the core of the interest in dying with dignity) Were the legal circumstances different—for example, were state law to prevent the provision of palliative care, including the administration of drugs as needed to avoid pain at the end of life—then the law's impact upon serious and otherwise unavoidable physical pain (accompanying death) would be more directly at issue. And as Justice O'Connor suggests, the Court might have to revisit its conclusions in these cases."
Coppage v. Kansas, 236 US 1 (1915) (Oliver Wendell Holmes Jr.)
"I think the judgment should be affirmed. In present conditions a workman not unnaturally may believe that 27*27 only by belonging to a union can he secure a contract that shall be fair to him. Holden v. Hardy, 169 U.S. 366, 397. Chicago, Burlington & Quincy R.R. v. McGuire, 219 U.S. 549, 570. If that belief, whether right or wrong, may be held by a reasonable man, it seems to me that it may be enforced by law in order to establish the equality of position between the parties in which liberty of contract begins. Whether in the long run it is wise for the workingmen to enact legislation of this sort is not my concern, but I am strongly of opinion that there is nothing in the Constitution of the United States to prevent it, and that Adair v. United States, 208 U.S. 161, and Lochner v. New York, 198 U.S. 45, should be overruled. I have stated my grounds in those cases and think it unnecessary to add others that I think exist. See further Vegelahn v. Guntner, 167 Massachusetts, 92, 104, 108. Plant v. Woods, 176 Massachusetts, 492, 505. I still entertain the opinions expressed by me in Massachusetts."
Michael H. v. Gerald D., 491 US 110 (1989) (William Brennan)
"If we had looked to tradition with such specificity in past cases, many a decision would have reached a different result. Surely the use of contraceptives by unmarried couples, Eisenstadt v. Baird, 405 U. S. 438 (1972), or even by married couples, Griswold v. Connecticut, 381 U. S. 479 (1965); the freedom from corporal punishment in schools, Ingraham v. Wright, 430 U. S. 651 (1977); the freedom from an arbitrary transfer from a prison to a psychiatric institution, Vitek v. Jones, 445 U. S. 480 (1980); and even the right to raise one's natural but illegitimate children, Stanley v. Illinois, 405 U. S. 645 (1972), were not "interest[s] traditionally protected by our society," ante, at 122, at the time of their consideration by this Court. If we had asked, therefore, in Eisenstadt, Griswold, Ingraham, Vitek, or Stanley itself whether 140*140 the specific interest under consideration had been traditionally protected, the answer would have been a resounding "no." That we did not ask this question in those cases highlights the novelty of the interpretive method that the plurality opinion employs today. The plurality's interpretive method is more than novel; it is misguided. It ignores the good reasons for limiting the role of "tradition" in interpreting the Constitution's deliberately capacious language. In the plurality's constitutional universe, we may not take notice of the fact that the original reasons for the conclusive presumption of paternity are out of place in a world in which blood tests can prove virtually beyond a shadow of a doubt who sired a particular child and in which the fact of illegitimacy no longer plays the burdensome and stigmatizing role it once did. ... The document that the plurality construes today is unfamiliar to me. It is not the living charter that I have taken to be our Constitution; it is instead a stagnant, archaic, hidebound document steeped in the prejudices and superstitions of a time long past. This Constitution does not recognize that times change, does not see that sometimes a practice or rule outlives its foundations. I cannot accept an interpretive method that does such violence to the charter that I am bound by oath to uphold."
Planned Parenthood of Central Mo. v. Danforth, 428 US 52 (1976) (Harry Blackmun)
"In Roe and Doe we specifically reserved decision on the question whether a requirement for consent by the father of the fetus, by the spouse, or by the parents, or a parent, of an unmarried minor, may be constitutionally imposed. 410 U. S., at 165 n. 67. We now hold that the State may not constitutionally require the consent of the spouse, as is specified under § 3 (3) of the Missouri Act, as a condition for abortion during the first 12 weeks of pregnancy. We thus agree with the dissenting judge in the present case, and with the courts whose decisions are cited above, that the State cannot "delegate to a spouse a veto power which the state itself is absolutely and totally prohibited from exercising during the first trimester of pregnancy." 392 F. Supp., at 1375. Clearly, since the State cannot regulate or proscribe abortion during the first stage, when the physician and his patient make that decision, the State cannot delegate authority to any particular person, even the spouse, to prevent abortion during that same period. ... We recognize, of course, that when a woman, with the approval of her physician but without the approval of her husband, decides to terminate her pregnancy, it could be said that she is acting unilaterally. The obvious fact is that when the wife and the husband disagree on this decision, the view of only one of the two marriage partners can prevail. Inasmuch as it is the woman who physically bears the child and who is the more directly and immediately affected by the pregnancy, as between the two, the balance weighs in her favor. Cf. Roe v. Wade, 410 U. S., at 153."
Allied Structural Steel Co. v. Spannaus, 438 US 234 (1978) (William Brennan)
"In cases involving state legislation affecting private contracts, this Court's decisions over the past half century, consistently with both the constitutional text and its original understanding, have interpreted the Contract Clause as prohibiting state legislative Acts which, "[w]ith studied indifference to the interests of the [contracting party] or to his appropriate protection," effectively diminished or nullified the obligation due him under the terms of a contract. W. B. Worthen Co. v. Kavanaugh, 295 U. S. 56, 60 (1935). But the Contract Clause has not, during this period, been applied to state legislation that, while creating new duties, in nowise diminished the efficacy of any contractual obligation owed the constitutional claimant. Cf. Goldblatt v. Hempstead, 369 U. S. 590 (1962). The constitutionality of such legislation has, rather, been determined solely by reference to other provisions of the Constitution, e. g., the Due Process Clause, insofar as they operate to protect existing economic values. ... Today's decision greatly expands the reach of the Clause. The Minnesota Private Pension Benefits Protection Act (Act) does not abrogate or dilute any obligation due a party to a private contract; rather, like all positive social legislation, the Act imposes new, additional obligations on a particular class of persons. In my view, any constitutional infirmity in the law must therefore derive, not from the Contract Clause, but from the Due Process Clause of the Fourteenth Amendment."
Cleveland Bd. of Ed. v. Loudermill, 470 US 532 (1985) (Byron White)
"In light of these holdings, it is settled that the "bitter with the sweet" approach misconceives the constitutional guarantee. If a clearer holding is needed, we provide it today. The point is straightforward: the Due Process Clause provides that certain substantive rights — life, liberty, and property — cannot be deprived except pursuant to constitutionally adequate procedures. The categories of substance and procedure are distinct. Were the rule otherwise, the Clause would be reduced to a mere tautology. "Property" cannot be defined by the procedures provided for its deprivation any more than can life or liberty. The right to due process "is conferred, not by legislative grace, but by constitutional guarantee. While the legislature may elect not to confer a property interest in [public] employment, it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.Arnett v. Kennedy, supra, at 167 (POWELL, J., concurring in part and concurring in result in part); see id., at 185 (WHITE, J., concurring in part and dissenting in part). In short, once it is determined that the Due Process Clause applies, "the question remains what process is due." Morrissey v. Brewer, 408 U. S. 471, 481 (1972). The answer to that question is not to be found in the Ohio statute."
Troxel v. Granville, 530 US 57 (2000) (Sandra O'Connor)
"In light of this extensive precedent, it cannot now be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children. ... Accordingly, so long as a parent adequately cares for his or her children (i. e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the 69*69 best decisions concerning the rearing of that parent's children. See, e. g., Flores, 507 U. S., at 304. ... In an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren. Needless to say, however, our world is far from perfect, and in it the decision whether such an intergenerational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent's decision of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parent's own determination. ... As we have explained, the Due Process Clause does not permit a State to infringe on the fundamental right 73*73 of parents to make child rearing decisions simply because a state judge believes a "better" decision could be made."
Griswold v. Connecticut, 381 US 479 (1965) (Second Justice Harlan)
"In my view, the proper constitutional inquiry in this case is whether this Connecticut statute infringes the Due Process Clause of the Fourteenth Amendment because the enactment violates basic values "implicit in the concept of ordered liberty," Palko v. Connecticut, 302 U. S. 319, 325. For reasons stated at length in my dissenting opinion in Poe v. Ullman, supra, I believe that it does. While the relevant inquiry may be aided by resort to one or more of the provisions of the Bill of Rights, it is not dependent on them or any of their radiations. The Due Process Clause of the Fourteenth Amendment stands, in my opinion, on its own bottom."
Muller v. Oregon, 208 US 412 (1908) (David Brewer)
"In the brief filed by Mr. Louis D. Brandeis, for the defendant in error, is a very copious collection of all these matters, an epitome of which is found in the margin. ... Constitutional questions, it is true, are not settled by even a consensus of present public opinion,...At the same time, when a question of fact is debated and debatable, and the extent to 421*421 which a special constitutional limitation goes is affected by the truth in respect to that fact, a widespread and long continued belief concerning it is worthy of consideration. We take judicial cognizance of all matters of general knowledge."
US v. Sykes, 598 F. 3d 334 (7th Cir. 2010) (William Bauer)
"In the case at bar, Sykes urges us to overrule that holding and follow the Eleventh Circuit, which held that the offense of fleeing from police in a vehicle is not a violent felony under ACCA. United States v. Harrison, 558 F.3d 1280, 1295 (11th Cir.2009). However, "[w]hile we carefully and respectfully consider the opinions of our sister circuits, we certainly do not defer to them." Atchison, Topeka 338*338 & Santa Fe Ry. Co. v. Pena, 44 F.3d 437, 443 (7th Cir.1994) (quoting Colby v. J.C. Penney Co., Inc., 811 F.2d 1119, 1123 (7th Cir.1987)). Stare decisis requires that we adhere to our previous holdings unless we feel "obliged to bring [Spells'] opinion[] into line with experience and facts newly ascertained." Vasquez v. Hillery, 474 U.S. 254, 266, 106 S.Ct. 617, 88 L.Ed.2d 598 (1986) (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 412, 52 S.Ct. 443, 76 L.Ed. 815 (1932) (Brandeis, J., dissenting)). The mere existence of Spells "becomes a reason for adhering to [its] holding[] in subsequent cases," Midlock v. Apple Vacations W., Inc., 406 F.3d 453, 457 (7th Cir.2005), especially when those cases are directly on point, as here. While the doctrine is not rigid, it is also "not a noodle." Bethesda Lutheran Homes & Serv's. v. Born, 238 F.3d 853, 858 (7th Cir.2001). We need articulable reasons for overruling precedent — e.g. it might be unsound in principle or unworkable in practice. Garcia v. San Antonio Metro. Transit Auth., 469 U.S. 528, 546, 105 S.Ct. 1005, 83 L.Ed.2d 1016 (1985). On the other hand, when parties and/or citizens widely rely on a particular decision, the interests of stability, predictability and respect for the courts may counsel against overruling a particular case. Hilton v. S.C. Pub. Railways Comm'n, 502 U.S. 197, 202, 112 S.Ct. 560, 116 L.Ed.2d 560 (1991)."
Home Building & Loan Assn. v. Blaisdell, 290 US 398 (1934) (Charles Evans Hughes)
"It is no answer to say that this public need was not apprehended a century ago, or to insist that what the provision of the Constitution meant to the vision of that day it must mean to the vision of our time. If by the statement that what the Constitution meant at the time 443*443 of its adoption it means to-day, it is intended to say that the great clauses of the Constitution must be confined to the interpretation which the framers, with the conditions and outlook of their time, would have placed upon them, the statement carries its own refutation. With a growing recognition of public needs 444*444 and the relation of individual right to public security, the court has sought to prevent the perversion of the clause through its use as an instrument to throttle the capacity of the States to protect their fundamental interests."
Eisenstadt v. Baird, 405 US 438 (1972) (William Brennan)
"It is true that in Griswold the right of privacy in question inhered in the marital relationship. Yet the marital couple is not an independent entity with a mind and heart of its own, but an association of two individuals each with a separate intellectual and emotional makeup. If the right of privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child."
Fletcher v. Peck, 10 US 87 (1810) (John Marshall)
"It is, then, the unanimous opinion of the court, that, in this case, the estate having passed into the hands of a purchaser for a valuable consideration, without notice, the state of Georgia was restrained, either by general principles which are common to our free institutions, or by the particular provisions of the constitution of the United States, from passing a law whereby the estate of the plaintiff in the premises so purchased could be constitutionally and legally impaired and rendered null and void."
Post, The Supreme Court, 2002 Term - Foreward: Fashioning the Legal Constitution: Culture, Courts, and Law, 117 Harv. L. Rev. 4 (2003)
"Kennedy's opinion is extravagant and passionate. It simply shatters, with all the heartfelt urgency of deep conviction, the paralyzing carapace in which Glucksberg had sought to encase substantive due process. Lawrence ignores Glucksberg's sharp bifurcation between "fundamental" liberty interests and other liberty interests. It instead focuses on the particular liberty interests endangered by the Texas statute, savoring their unique valence and exploring their particular significance, as Harlan had urged more than forty years ago in his Poe opinion."
Planned Parenthood of Southeastern Pa. v. Casey, 505 US 833 (1992) (Sandra O'Connor)
"Liberty finds no refuge in a jurisprudence of doubt. Yet 19 years after our holding that the Constitution protects a woman's right to terminate her pregnancy in its early stages, Roe v. Wade, 410 U. S. 113 (1973), that definition of liberty is still questioned. ... We give this summary: (a) To protect the central right recognized by Roe v. Wade while at the same time accommodating the State's profound interest in potential life, we will employ the undue burden analysis as explained in this opinion. An undue burden exists, and therefore a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability. ... (c) As with any medical procedure, the State may enact regulations to further the health or safety of a woman seeking an abortion. Unnecessary health regulations that have the purpose or effect of presenting a substantial obstacle to a woman seeking an abortion impose an undue burden on the right. 879*879 (d) Our adoption of the undue burden analysis does not disturb the central holding of Roe v. Wade, and we reaffirm that holding. Regardless of whether exceptions are made for particular circumstances, a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability."
Exxon Shipping Co. v. Baker, 554 US 471 (2008) (Stephen Breyer)
"Like the Court, I believe there is a need, grounded in the rule of law itself, to ensure that punitive damages are awarded according to meaningful standards that will provide notice of how harshly certain acts will be punished and that will help to ensure the uniform treatment of similarly situated persons. See BMW of North America, Inc. v. Gore, 517 U.S. 559, 587, 116 S.Ct. 1589, 134 L.Ed.2d 809 (1996) (BREYER, J., concurring). Legal standards, however, can secure these objectives without the rigidity that an absolute fixed numerical ratio demands. In setting forth constitutional due process limits on the size of punitive damages awards, for example, we said that "few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process." State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U.S. 408, 425, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003) (emphasis added). We thus foresaw exceptions to the numerical constraint. In my view, a limited exception to the Court's 1:1 ratio is warranted here. As the facts set forth in Part I of the Court's opinion make clear, this was no mine-run case of reckless behavior. The jury could reasonably have believed that Exxon knowingly allowed a relapsed alcoholic repeatedly to pilot a vessel filled with millions of gallons of oil through waters that provided the livelihood for the many plaintiffs in this case. Given that conduct, it was only a matter of time before a crash and spill like this occurred."
Farber, Constitutional Cadenzas, 56 Drake L. Rev. 833 (2008)
"Looking beyond our borders came naturally to the Framers. According to the Declaration of Independence itself, the motivation for issuing this foundational document stemmed from a "decent Respect to the Opinions of Mankind." Early Americans, from Thomas Jefferson on down, understood that the law of nations was part of our legal system. ... Justice Scalia's rhetoric notwithstanding, the better arguments were on the side of Justice Kennedy. Kennedy was clearly right that homosexual sodomy laws violate the modern understanding of human rights. Such laws have been largely repudiated within the United States, by legislatures elsewhere, and by courts in countries such as South Africa. In addition, respected international bodies have found that homosexual relations are protected from government interference. Besides the European decision discussed earlier, the Human Rights Committee has found that antisodomy laws violate the International Covenant on Civil and Political Rights (which, by the way, the United States has ratified). In arguing otherwise, Justice Scalia and his supporters are simply ignoring a conclusion that the rest of civilization has long since accepted."
Proprietors of Charles River Bridge v. Proprietors of Warren Bridge, 36 US 420 (1837) (Roger Taney)
"Much has been said in the argument of the principles of construction by which this law is to be expounded, and what undertakings, on the part of the state, may be implied. The Court think there can be no serious difficulty on that head. It is the grant of certain franchises by the public to a private corporation, and in a matter where the public interest is concerned. The rule of construction in such cases is well settled, both in England, and by the decisions of our own tribunals. In 2 Barn. & Adol. 793, in the case of the Proprietors of the Stourbridge Canal against Wheely and others, the court say, "the canal having been made under an act of parliament, the rights of the plaintiffs are derived entirely from that act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute; and the rule of construction in all such cases, is now fully established to be this; that any ambiguity in the terms of the contract, must operate against the adventurers, and in favour of the public, and the plaintiffs can claim nothing that is not clearly given them by the act." And the doctrine thus laid down is abundantly sustained by the authorities referred to in this decision. The case itself was as strong a one, as could well be imagined, for giving to the 545*545 canal company, by implication, a right to the tolls they demanded."
Railway Express Agency, Inc. v. New York, 336 US 106 (1949) (Robert Jackson)
"My philosophy as to the relative readiness with which we should resort to these two clauses is almost diametrically opposed to the philosophy which prevails on this Court. The burden should rest heavily upon one who would persuade us to use the due process clause to strike down a substantive law or ordinance. Even its provident use against municipal regulations frequently disables all government — state, municipal and federal — from dealing with the conduct in question because the requirement of due process is also applicable to State and Federal Governments. Invalidation of a statute or an ordinance on due process grounds leaves ungoverned and ungovernable conduct which many people find objectionable. Invocation of the equal protection clause, on the other hand, does not disable any governmental body from dealing with the subject at hand. It merely means that the prohibition or regulation must have a broader impact...This equality is not merely abstract justice. The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally. Conversely, nothing opens the door to arbitrary action so effectively as to allow those officials to pick and choose only a few to whom they will apply legislation and thus to escape the political retribution that might be visited upon them if larger numbers were affected. 113*113 Courts can take no better measure to assure that laws will be just than to require that laws be equal in operation."
Cruzan v. Director, Mo. Dept. of Health, 497 US 261 (1990) (William Brennan)
"Nancy Cruzan is entitled to choose to die with dignity. ... But if a competent person has a liberty interest to be free of unwanted medical treatment, as both the majority and JUSTICE O'CONNOR concede, it must be fundamental. ... Although the right to be free of unwanted medical intervention, like other constitutionally protected interests, may not be absolute,[12] no state interest could outweigh the rights of an individual in Nancy Cruzan's position...Missouri does not claim, nor could it, that society as a whole will be benefited by Nancy's receiving medical treatment. 313*313 No third party's situation will be improved and no harm to others will be averted. The only state interest asserted here is a general interest in the preservation of life.[14] But the State has no legitimate general interest in someone's life, completely abstracted from the interest of the person living that life, that could outweigh the person's choice to avoid medical treatment."
New Orleans v. Dukes, 427 US 297 (1976) (Per Curiam Court)
"Nevertheless, relying on Morey v. Doud, 354 U. S. 457 (1957), as its "chief guide," the Court of Appeals held that even though the exemption of the two vendors was rationally related to legitimate city interests on the basis of facts extant when the ordinance was amended, the "grandfather clause" still could not stand because "the hypothesis that a present eight year veteran of the pushcart hot dog market in the Vieux Carre will continue to operate in a manner more consistent with the traditions of the Quarter than would any other operator is without foundation." 501 F. 2d, at 711. Actually, the reliance on the statute's potential irrationality in Morey v. Doud, as the dissenters in that case correctly pointed out, see 354 U. S., at 474-475 (Frankfurter, J., joined by Harlan, J., dissenting), was a needlessly intrusive judicial infringement on the State's legislative powers, and we have concluded that the equal protection analysis employed in that opinion should no longer be followed. Morey was the only case in the last half century to invalidate a wholly economic regulation solely on equal protection grounds, and we are now satisfied that the decision was erroneous. Morey is, as appellee and the Court of Appeals properly recognized, essentially indistinguishable from this case, but the decision so far departs from proper equal protection analysis in cases of exclusively economic regulation that it should be, and it is, overruled."
Kohl v. United States, 91 US 367 (1876) (William Strong)
"No one doubts the existence in the State governments of the right of eminent domain, — a right distinct from and paramount to the right of ultimate ownership. It grows out of the necessities of their being, not out of the tenure by which lands are held. It may be exercised, though the lands are not held by grant from the government, either mediately or immediately, and independent of the consideration whether they would escheat to the government in case of a failure of heirs. The right is the offspring of political necessity; and it is inseparable 372*372 from sovereignty, unless denied to it by its fundamental law. ... The Constitution itself contains an implied recognition of it beyond what may justly be implied from the express grants. The fifth amendment contains a provision that private property shall not be taken for public use without just compensation. What is that but an implied assertion, that, on 373*373 making just compensation, it may be taken? ... It is true, this power of the Federal government has not heretofore been exercised adversely; but the non-user of a power does not disprove its existence. In some instances, the States, by virtue of their own right of eminent domain, have condemned lands for the use of the general government, and such condemnations have been sustained by their courts, without, however, denying the right of the United States to act independently of the States."
State Farm Mut. Automobile Ins. Co. v. Campbell, 538 US 408 (1996) (Ruth Bader Ginsburg)
"Not long ago, this Court was hesitant to impose a federal check on state-court judgments awarding punitive damages. In Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal, Inc., 492 U. S. 257 (1989), the Court held that neither the Excessive Fines Clause of the Eighth Amendment nor federal common law circumscribed awards of punitive damages in civil cases between private parties. Id., at 262-276, 277-280. Two years later, in Pacific Mut. Life Ins. Co. v. Haslip, 499 U. S. 1 (1991), the Court observed that "unlimited jury [or judicial] discretion ... in the fixing of punitive damages may invite extreme results that jar one's constitutional sensibilities," id., at 18; the Due Process Clause, the Court suggested, would attend to those sensibilities and guard against unreasonable awards, id., at 17-24. Nevertheless, the Court upheld a punitive damages award in Haslip "more than 4 times the amount of compensatory damages, ... more than 200 times [the plaintiff's] out-of-pocket expenses," and "much in excess of the fine that could be imposed." Id., at 23. And in TXO Production Corp. v. Alliance Resources Corp., 509 U. S. 443 (1993), the Court affirmed a state-court award "526 times greater than the actual damages awarded by the jury." Id., at 453;[1] cf. Browning-Ferris, 492 U. S., at 262 (ratio of punitive to compensatory damages over 100 to 1). It was not until 1996, in BMW of North America, Inc. v. Gore, 517 U. S. 559, that the Court, for the first time, invalidated a state-court punitive damages assessment as unreasonably 431*431 large. See id., at 599 (SCALIA, J., dissenting). If our activity in this domain is now "well established," see ante, at 416, 427, it takes place on ground not long held. In Gore, I stated why I resisted the Court's foray into punitive damages "territory traditionally within the States' domain." 517 U. S., at 612 (dissenting opinion). I adhere to those views, and note again that, unlike federal habeas corpus review of state-court convictions under 28 U. S. C. § 2254, the Court "work[s] at this business [of checking state courts] alone," unaided by the participation of federal district courts and courts of appeals. 517 U. S., at 613."
US v. Townsend, 762 F. 3d 641 (7th Cir. 2014) (Diane Sykes)
"Notwithstanding the clear import of the Sentencing Reform Act, a few unpublished orders from this circuit suggest that a common-law motion for reconsideration might be available in the sentencing context. See, e.g., United States v. Murry, 515 Fed.Appx. 602, 603 (7th Cir.2013); United States v. Jumah, 431 Fed.Appx. 494, 496 (7th Cir.2011). But unpublished decisions are not binding on subsequent panels."
Morey v. Doud, 354 US 457 (1957) (Harold Burton)
"Of course, distinctions in the treatment of business entities engaged in the same business activity may be justified by genuinely different characteristics of the business involved.[10] This is so even where the discrimination is by name.[11] But distinctions cannot be so justified if the "discrimination has no reasonable relation to these differences. ... The effect of the discrimination is to create a closed class by singling out American Express money orders. The singling out of the money orders of one company is in a sense the converse of a case like Cotting v. Kansas City Stock Yards Co., 183 U. S. 79, 114-115. See also, McFarland v. American Sugar Co., 241 U. S. 79. In the Cotting case this Court held that a regulatory statute that in fact applied to only one stockyard in a State violated the Equal Protection Clause. Although statutory discriminations creating a closed class have been upheld,[12] 468*468 a statute which established a closed class was held to violate the Equal Protection Clause where, on its face, it was "an attempt to give an economic advantage to those engaged in a given business at an arbitrary date as against all those who enter the industry after that date."
Miller v. Schoene, 276 US 272 (1928) (Harlan Stone)
"On the evidence we may accept the conclusion of the Supreme Court of Appeals that the state was under the necessity of making a choice between the preservation of one class of property and that of the other wherever both existed in dangerous proximity. It would have been none the less a choice if, instead of enacting the present statute, the state, by doing nothing, had permitted serious injury to the apple orchards within its borders to go on unchecked. When forced to such a choice the state does not exceed its constitutional powers by deciding upon the destruction of one class of property in order to save another which, in the judgment of the legislature, is of greater value to the public."
Citizens United v. Federal Election Com'n, 558 US 310 (2010) (Anthony Kennedy)
"Our precedent is to be respected unless the most convincing of reasons demonstrates that adherence to it puts us 912*912 on a course that is sure error. "Beyond workability, the relevant factors in deciding whether to adhere to the principle of stare decisis include the antiquity of the precedent, the reliance interests at stake, and of course whether the decision was well reasoned." Montejo v. Louisiana, 556 U.S. 778, 792-793, 129 S.Ct. 2079, 2088-2089, 173 L.Ed.2d 955 (2009) (overruling Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986)). We have also examined whether "experience has pointed up the precedent's shortcomings." Pearson v. Callahan, 555 U.S. 223, 233, 129 S.Ct. 808, 816, 172 L.Ed.2d 565 (2009) (overruling Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001))."
Bowers v. Hardwick, 478 US 186 (1986) (John Paul Stevens)
"Paradoxical as it may seem, our prior cases thus establish that a State may not prohibit sodomy within "the sacred precincts of marital bedrooms," Griswold, 381 U. S., at 485, or, indeed, between unmarried heterosexual adults. Eisenstadt, 405 U. S., at 453. In all events, it is perfectly clear that the State of Georgia may not totally prohibit the conduct proscribed by § 16-6-2 of the Georgia Criminal Code. If the Georgia statute cannot be enforced as it is written — if the conduct it seeks to prohibit is a protected form of liberty for the vast majority of Georgia's citizens — the State must assume the burden of justifying a selective application of its law. Either the persons to whom Georgia seeks to apply its statute do not have the same interest in "liberty" that others have, or there must be a reason why the State may be permitted to apply a generally applicable law to certain persons that it does not apply to others. ... A policy of selective application must be supported by a neutral and legitimate interest — something more substantial than a habitual dislike for, or ignorance about, the disfavored group."
Karlan, The Boundaries of Liberty After Lawrence v. Texas - Foreward: Loving Lawrence, 102 Mich. L. Rev. 1447 (2004)
"Part of the Court's response was simply to ratchet up the level of generality at which the liberty interest was described: rather than having a constitutional right to engage in oral or anal sex, individuals have a constitutionally protected interest in creating a "personal relationship" in which "sexuality finds overt expression in intimate conduct with another person."
Castle Rock v. Gonzales, 545 US 748 (2005) (John Paul Stevens)
"Respondent certainly could have entered into a contract with a private security firm, obligating the firm to provide protection to respondent's family; respondent's interest in such a contract would unquestionably constitute "property" within the meaning of the Due Process Clause. If a Colorado statute enacted for her benefit, or a valid order entered by a Colorado judge, created the functional equivalent of such a private contract by granting respondent an entitlement to mandatory individual protection by the local police force, that state-created right would also qualify as "property" entitled to constitutional protection. ... Here, Colorado undertook a comparable obligation, and respondent—with restraining order in hand—justifiably relied on that undertaking."
Gonzales v. Carhart, 550 US 124 (2007) (Ruth Bader Ginsburg)
"Revealing in this regard, the Court invokes an antiabortion shibboleth for which it concededly has no reliable evidence: Women who have abortions come to regret their choices, and consequently suffer from "[s]evere depression and loss of esteem." Ante, at 1634.[7] Because of women's fragile emotional state and because of the "bond of love the mother has for her child," the Court worries, doctors may withhold information about the nature of the intact D & E procedure. Ante, at 1633-1634.[8] The solution the Court approves, then, is not to require doctors to 1649*1649 inform women, accurately and adequately, of the different procedures and their attendant risks. Cf. Casey, 505 U.S., at 873, 112 S.Ct. 2791 (plurality opinion) ("States are free to enact laws to provide a reasonable framework for a woman to make a decision that has such profound and lasting meaning."). Instead, the Court deprives women of the right to make an autonomous choice, even at the expense of their safety.[9] This way of thinking reflects ancient notions about women's place in the family and under the Constitution — ideas that have long since been discredited."
Carey v. Population Services Int'l, 431 US 678 (1977) (Lewis Powell)
"Second, this provision prohibits parents from distributing contraceptives to their children, a restriction that unjustifiably interferes with parental interests in rearing their children. Cf. Ginsberg v. New York, 390 U. S., at 639 and n. 7. "[C]onstitutional interpretation has consistently recognized that the parents' claim to authority in their own household to direct the rearing of their children is basic in the structure of our society. `It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.' " Ibid., quoting Prince v. Massachusetts, supra, at 166. See Wisconsin v. Yoder, 406 U. S. 205, 231-233 (1972); Pierce v. Society of Sisters, 268 U. S. 510, 534-535 (1925); Meyer v. Nebraska, 262 U. S. 390, 399-401 (1923). Moreover, this statute would allow the State "to enquire into, prove, and punish," Poe v. Ullman, 367 U. S. 497, 548 (1961) (Harlan, J., dissenting), the exercise of this parental responsibility. The State points to no interest of sufficient magnitude to justify this direct interference with the parental guidance that is especially appropriate in this sensitive area of child development.[2]"
Zablocki v. Redhail, 434 US 374 (1978) (Thurgood Marshall)
"Since our past decisions make clear that the right to marry is of fundamental importance, and since the classification at issue here significantly interferes with the exercise of that right, we believe that "critical examination" of the state interests advanced in support of the classification is required. Massachusetts Board of Retirement v. Murgia, 427 U. S. 307, 312, 314 (1976); see e. g., San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 17 (1973). ... More recent decisions have established that the right to marry is part of the fundamental "right of privacy" implicit in the Fourteenth Amendment's Due Process Clause. ... It is not surprising that the decision to marry has been placed on the same level of importance as decisions relating to procreation, childbirth, child rearing, and family relationships. As the facts of this case illustrate, it would make little sense to recognize a right of privacy with respect to other matters of family life and not with respect to the decision to enter the relationship that is the foundation of the family in our society."
Payne v. Tennessee, 501 US 808 (1991) (William Rehnqusit)
"Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process. See Vasquez v. Hillery, 474 U. S. 254, 265-266 (1986). Adhering to precedent "is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than it be settled right." Burnet v. Coronado Oil & Gas Co., 285 U. S. 393, 406 (1932) (Brandeis, J., dissenting). Nevertheless, when governing decisions are unworkable or are badly reasoned, "this Court has never felt constrained to follow precedent." Smith v. Allwright, 321 U. S. 649, 665 (1944). 828*828 Stare decisis is not an inexorable command; rather, it "is a principle of policy and not a mechanical formula of adherence to the latest decision." Helvering v. Hallock, 309 U. S. 106, 119 (1940). This is particularly true in constitutional cases, because in such cases "correction through legislative action is practically impossible." Burnet v. Coronado Oil & Gas Co., supra, at 407 (Brandeis, J., dissenting). Considerations in favor of stare decisis are at their acme in cases involving property and contract rights, where reliance interests are involved, see Swift & Co. v. Wickham, 382 U. S. 111, 116 (1965); Oregon ex rel. State Land Bd. v. Corvallis Sand & Gravel Co., 429 U. S. 363 (1977); Burnet v. Coronado Oil & Gas Co., supra, at 405-411 (Brandeis, J., dissenting); United States v. Title Ins. & Trust Co., 265 U. S. 472 (1924); The Genesee Chief v. Fitzhugh, 12 How. 443, 458 (1852); the opposite is true in cases such as the present one involving procedural and evidentiary rules."
Lawrence v. Texas, 539 US 558 (2003) (Sandra O'Connor)
"Texas attempts to justify its law, and the effects of the law, by arguing that the statute satisfies rational basis review because it furthers the legitimate governmental interest of the promotion of morality. This case raises a different issue than Bowers: whether, under the Equal Protection Clause, moral disapproval is a legitimate state interest to justify by itself a statute that bans homosexual sodomy, but not heterosexual sodomy. It is not. Moral disapproval of this group, like a bare desire to harm the group, is an interest that is insufficient to satisfy rational basis review under the Equal Protection Clause. See, e. g., Department of Agriculture v. Moreno, 413 U. S., at 534; Romer v. Evans, 517 U. S., at 634-635. Indeed, we have never held that moral disapproval, without any other asserted state interest, is a sufficient rationale under the Equal Protection Clause to justify a law that discriminates among groups of persons. ... Whether a sodomy law that is neutral both in effect and application, see Yick Wo v. Hopkins, 118 U. S. 356 (1886), would violate the substantive component of the Due Process Clause is an issue that need not be decided today. I am confident, however, that so long as the Equal Protection Clause requires a sodomy law to apply equally to the private consensual conduct of homosexuals and heterosexuals alike, such a 585*585 law would not long stand in our democratic society."
Ogden v. Saunders, 25 US 213 (1827) (William Johnson)
"That it is not intended to interfere with or limit State legislation, in relation to the remedy, in the ordinary prosecution of suits, no one can doubt. And, indeed, such a principle is indispensable to facilitate commercial intercourse between the citizens or subjects of different governments, and is sanctioned by all civilized nations; and if, according to the language of these cases, this principle extends to the obligation, as well as the construction of contracts, it would seem to follow, as a necessary conclusion, that it must embrace all the consequences growing out of the laws of the country where the contract is made; for it is the law which creates the obligation, and whenever, therefore, the lex loci provides for the dissolution of the contract in any prescribed mode, the parties are presumed to have acted subject to such contingency. And hence, in the English Courts, wherever the operation of a foreign discharge under a bankrupt law has been brought under consideration, they have given to it the same effect that it would have had in the country where the contract was made. And the same rule has been recognised and adopted in the Courts of this country almost universally, where the question has arisen. But whether a law might not so change the nature and extent of existing remedies, and thereby so materially impair the right, as to fall within the scope 301*301 of this prohibition if it extended to remedies upon antecedent contracts, is by no means clear. If the law, whatever it may be, relating to the remedy has a prospective operation only, no objection can arise to it under this clause in the constitution."
Zablocki v. Redhail, 434 US 374 (1978) (Potter Stewart)
"The Court is understandably reluctant to rely on substantive due process. See Roe v. Wade, 410 U. S. at 167-168 (concurring opinion). But to embrace the essence of that doctrine under the guise of equal protection serves no purpose 396*396 but obfuscation. "[C]ouched in slogans and ringing phrases," the Court's equal protection doctrine shifts the focus of the judicial inquiry away from its proper concerns, which include "the nature of the individual interest affected, the extent to which it is affected, the rationality of the connection between legislative means and purpose, the existence of alternative means for effectuating the purpose, and the degree of confidence we may have that the statute reflects the legislative concern for the purpose that would legitimately support the means chosen." Williams v. Illinois, supra, at 260 (Harlan, J., concurring in result)."
Lucas v. South Carolina Coastal Council, 505 US 1003 (1992) (John Paul Stevens)
"The Court's holding today effectively freezes the State's common law, denying the legislature much of its traditional 1069*1069 power to revise the law governing the rights and uses of property. Until today, I had thought that we had long abandoned this approach to constitutional law. More than a century ago we recognized that "the great office of statutes is to remedy defects in the common law as they are developed, and to adapt it to the changes of time and circumstances."
Note, Stare Decisis, 34 Harv. L. Rev. 74 (1920)
"The House of Lords and Court of Appeal hold that they have no power to reserve themselves on a proposition of law, no matter how erroneous their previous decision may have been."
John Salmond, Jurisprudence 181-82 (1947)
"The House of Lords is absolutely bound by its own decisions."
People v. Foote, 432 NE 2d 1254 (Ill. App. Ct. 1982) (James Mejda)
"The State next argues that the court erred in quashing the warrants and suppressing the films on the ground that no adversary hearing was conducted prior to the seizure of the films. Defendants argue that the 37 seizures in this case constituted a single massive seizure and urge that under Marcus v. Search Warrant (1961), 367 U.S. 717, 6 L.Ed.2d 1127, 81 S.Ct. 1708, and A Quantity of Copies of Books v. Kansas (1964), 378 U.S. 205, 12 L.Ed.2d 809, 84 S.Ct. 1723, a prior adversary hearing was constitutionally required. • 2 The defendants' reliance on these decisions is misplaced. Initially, we do not agree that the instant seizures constituted a single massive action for purposes relevant to determining probable cause for obscenity. Only one copy of each film was seized from each of the 18 bookstores searched. (Compare Marcus, which involved seizure by police officers acting pursuant to a general warrant of 11,000 copies of 280 publications; 367 U.S. 717, 723, 6 L.Ed.2d 1127, 1131, 81 S.Ct. 1708, 1711.) Moreover, as noted by the United States Supreme Court in Heller v. New York (1973), 413 U.S. 483, 37 L.Ed.2d 745, 93 S.Ct. 2789, Marcus and A Quantity of Copies of Books were cases concerning the seizures of large quantities of books for the sole purpose of destruction. Under such circumstances it was held that a prior judicial adversary proceeding was required. In contrast, the Heller decision observed that the seizure of films for destruction or to block their distribution or exhibition is a very different matter from seizing a single copy of a film for the bona fide purpose of preserving it as evidence in a criminal proceeding; in the latter case, there is no absolute right to a prior adversary hearing. In Heller, the Supreme Court set forth the following rule which leads us to the conclusion that no prior adversary hearing was required in the instant case. The court stated: "If such a seizure is pursuant to a warrant, issued after a determination of probable cause by a neutral magistrate, and, following the seizure, a prompt judicial determination of the obscenity issue in an adversary proceeding is available at the request of any interested party, the seizure is constitutionally permissible." 413 U.S. 483, 492, 37 L.Ed.2d 745, 754, 93 S.Ct. 2789, 2795. In the instant case the films were not seized for the purpose of preventing continued exhibition, but were instead seized as evidence in bona fide obscenity prosecutions and defendants were entitled upon request to a prompt hearing regarding the obscene nature of the films seized. (Ill. Rev. Stat. 1979, ch. 38, par. 108-12.) Accordingly, the right to a prior adversary hearing is not applicable to the seizure of the films in this case."
Village of Belle Terre v. Boraas, 416 US 1 (1974) (Thurgood Marshall)
"The choice of household companions—of whether a person's "intellectual and emotional needs" are best met by living with family, friends, professional associates, or others—involves deeply personal considerations as to the kind and quality of intimate relationships within the home. That decision surely falls within the ambit of the right to privacy protected by the Constitution. See Roe v. Wade, 410 U. S. 113, 153 (1973); Eisenstadt v. Baird, 405 U. S. 438, 453 (1972); Stanley v. Georgia, supra, at 564-565; Griswold v. Connecticut, supra, at 483, 486; Olmstead v. United States, supra, at 478 (Brandeis, J., dissenting); Moreno v. Department of Agriculture, 345 F. Supp. 310, 315 (DC 1972), aff'd, 413 U. S. 528 (1973)."
Berman v. Parker, 348 US 26 (1954) (William Douglas)
"The concept of the public welfare is broad and inclusive. See Day-Brite Lighting, Inc. v. Missouri, 342 U. S. 421, 424. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled. ... Once the object is within the authority of Congress, the right to realize it through the exercise of eminent domain is clear. For the power of eminent domain is merely the means to the end. See Luxton v. North River Bridge Co., 153 U. S. 525, 529-530; United States v. Gettysburg Electric R. Co., 160 U. S. 668, 679. Once the object is within the authority of Congress, the means by which it will be attained is also for Congress to determine. ... The rights of these property owners are satisfied when they receive that just compensation which the Fifth Amendment exacts as the price of the taking."
Mugler v. Kansas, 123 US 623 (1887) (First Justice Harlan)
"The courts are not bound by mere forms, nor are they to be misled by mere pretences. They are at liberty — indeed, are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority. There is no justification for holding that the State, under the guise merely of police regulations, is here aiming to deprive the citizen of his constitutional rights; for we cannot shut out of view the fact, within the knowledge of all, that the public health, the public morals, and the public safety, may be endangered by the general use of intoxicating drinks."
Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819) (John Marshall)
"The defendant claims under three acts of the Legislature of New Hampshire, the most material of which was passed on the 27th of June, 1816, and is entitled "An act to amend the charter, and enlarge and improve the corporation of Dartmouth College." Among other alterations in the charter, this act increases the number of Trustees to twenty-one, gives the appointment of the additional members to the executive of the State, and creates a Board of Overseers with power to inspect and control the most important acts of the Trustees...The majority of the Trustees of the college have refused to accept this amended charter, and have brought this suit for the corporate property, which is in possession of a person holding by virtue of the acts which have been stated. ... It is more than possible that the preservation of rights of this description was not particularly in the view of the framers of the Constitution when the clause under consideration was introduced into that instrument. It is probable that interferences of more frequent occurrence, to which the temptation was stronger, and of which the mischief was more extensive, constituted the great motive for imposing this restriction on the State legislatures. But although a particular and a rare case may not, in itself, be of sufficient magnitude to induce a rule, yet it must be governed by the rule, when established, unless some plain and strong reason for excluding it can be given. It is not enough to say that this particular case was not in the mind of the convention when the article was framed, nor of the American people when it was adopted."
Sturges v. Crowninshield, 17 US 122 (1819) (John Marshall)
"The fair, and we think, the necessary, construction of the sentence requires, that we should give these words their full and obvious meaning. A general dissatisfaction with that lax system of legislation which followed the war of our revolution undoubtedly directed the mind of the convention *206] to this subject. It is probable, that laws such as those which *have been stated in argument, produced the loudest complaints, were most immediately felt. The attention of the convention, therefore, was particularly directed to paper money, and to acts which enabled the debtor to discharge his debt, otherwise than was stipulated in the contract. Had nothing more been intended, nothing more would have been expressed. But, in the opinion of the convention, much more remained to be done. The same mischief might be effected by other means. To restore public confidence completely, it was necessary, not only to prohibit the use of particular means by which it might be effected, but to prohibit the use of any means by which the same mischief might be produced."
Nollan v. California Coastal Comm'n, 483 US 825 (1987) (William Brennan)
"The first problem with this conclusion is that the Court imposes a standard of precision for the exercise of a State's police power that has been discredited for the better part of this century. The Court's conclusion that the permit condition imposed on appellants is unreasonable cannot withstand analysis. First, the Court demands a degree of exactitude that is inconsistent 843*843 with our standard for reviewing the rationality of a State's exercise of its police power for the welfare of its citizens. ... The Nollans' development blocks visual access, the Court tells us, while the Commission seeks to preserve lateral access along the coastline. Thus, it concludes, the State acted irrationally. Such a narrow conception of rationality, however, has long since been discredited as a judicial arrogation of legislative authority."
Perry v. Sindermann, 408 US 593 (1972) (Potter Stewart)
"The first question presented is whether the respondent's lack of a contractual or tenure right to re-employment, taken alone, defeats his claim that the nonrenewal of his contract violated the First and Fourteenth Amendments. We hold that it does not. ... But the respondent's allegations—which we must construe most favorably to the respondent at this stage of the litigation—do raise a genuine issue as to his interest in continued employment at Odessa Junior College. He alleged that this interest, though not secured by a formal contractual tenure provision, was secured by a no less binding understanding fostered by the college administration. 600*600 In particular, the respondent alleged that the college had a de facto tenure program, and that he had tenure under that program. He claimed that he and others legitimately relied upon an unusual provision that had been in the college's official Faculty Guide for many years ... We have made clear in Roth, supra, at 571-572, that "property" interests subject to procedural due process protection are not limited by a few rigid, technical forms. Rather, "property" denotes a broad range of interests that are secured by "existing rules or understandings." Id., at 577. A person's interest in a benefit is a "property" interest for due process purposes if there are such rules or mutually explicit understandings that support his claim of entitlement to the benefit and that he may invoke at a hearing."
Griswold v. Connecticut, 381 US 479 (1965) (William Douglas)
"The foregoing cases suggest that specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. See Poe v. Ullman, 367 U. S. 497, 516-522 (dissenting opinion). Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The Fourth and Fifth Amendments were described in Boyd v. United States, 116 U. S. 616, 630, as protection against all governmental invasions "of the sanctity of a man's home and the privacies of life."[*] We recently referred 485*485 in Mapp v. Ohio, 367 U. S. 643, 656, to the Fourth Amendment as creating a "right to privacy, no less important than any other right carefully and particularly reserved to the people." See Beaney, The Constitutional Right to Privacy, 1962 Sup. Ct. Rev. 212; Griswold, The Right to be Let Alone, 55 Nw. U. L. Rev. 216 (1960). We have had many controversies over these penumbral rights of "privacy and repose." See, e. g., Breard v. Alexandria, 341 U. S. 622, 626, 644; Public Utilities Comm'n v. Pollak, 343 U. S. 451; Monroe v. Pape, 365 U. S. 167; Lanza v. New York, 370 U. S. 139; Frank v. Maryland, 359 U. S. 360; Skinner v. Oklahoma, 316 U. S. 535, 541. These cases bear witness that the right of privacy which presses for recognition here is a legitimate one."
Williamson v. Lee Optical of Okla., Inc., 348 US 483 (1955) (William Douglas)
"The legislature might have concluded that the frequency of occasions when a prescription is necessary was sufficient to justify this regulation of the fitting of eyeglasses. Likewise, when it is necessary to duplicate a lens, a written prescription may or may not be necessary. But the legislature might have concluded that one was needed often enough to require one in every case. Or the legislature may have concluded that eye examinations were so critical, not only for correction of vision but also for detection of latent ailments or diseases, that every change in frames and every duplication of a lens should be accompanied by a prescription from a medical expert...But the law need not be in every respect logically consistent with its aims 488*488 to be constitutional. It is enough that there is an evil at hand for correction, and that it might be thought that the particular legislative measure was a rational way to correct it. The day is gone when this Court uses the Due Process Clause of the Fourteenth Amendment to strike down state laws, regulatory of business and industrial conditions, because they may be unwise, improvident, or out of harmony with a particular school of thought."
Bellotti v. Baird, 428 US 132 (1976) (Bellotti I) (Harry Blackmun)
"The picture thus painted by the respective appellants is of a statute that prefers parental consultation and consent, but that permits a mature minor capable of giving informed consent to obtain, without undue burden, an order permitting the abortion without parental consultation, and, further, permits even a minor incapable of giving informed consent to obtain an order without parental consultation where there is a showing that the abortion would be in her best interests. The statute, as thus read, would be fundamentally different from a statute that creates a "parental veto."
Griswold v. Connecticut, 381 US 479 (1965) (William Douglas)
"The present case, then, concerns a relationship lying within the zone of privacy created by several fundamental constitutional guarantees. And it concerns a law which, in forbidding the use of contraceptives rather than regulating their manufacture or sale, seeks to achieve its goals by means having a maximum destructive impact upon that relationship. Such a law cannot stand in light of the familiar principle, so often applied by this Court, that a "governmental purpose to control or prevent activities constitutionally subject to state regulation may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms." NAACP v. Alabama, 377 U. S. 288, 307. Would we allow the police to search the sacred precincts of marital bedrooms for telltale signs of the use of contraceptives? The 486*486 very idea is repulsive to the notions of privacy surrounding the marriage relationship. We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."
Lawrence v. Texas, 539 US 558 (2003) (Anthony Kennedy)
"The question before the Court is the validity of a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct. ... We conclude the case should be resolved by determining whether the petitioners were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause of the Fourteenth Amendment to the Constitution. For this inquiry we deem it necessary to reconsider the Court's holding in Bowers. ... In all events we think that our laws and traditions in the past half century are of 572*572 most relevance here. These references show an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex. ... In our own constitutional system the deficiencies in Bowers became even more apparent in the years following its announcement. The 25 States with laws prohibiting the relevant conduct referenced in the Bowers decision are reduced now to 13, of which 4 enforce their laws only against homosexual conduct. In those States where sodomy is still proscribed, whether for same-sex or heterosexual conduct, there is a pattern of nonenforcement with respect to consenting adults acting in private. The State of Texas admitted in 1994 that as of that date it had not prosecuted anyone under those circumstances. State v. Morales, 869 S. W. 2d 941, 943."
Railway Express Agency, Inc. v. New York, 336 US 106 (1949) (William Douglas)
"The question of equal protection of the laws is pressed more strenuously on us. It is pointed out that the regulation draws the line between advertisements of products sold by the owner of the truck and general advertisements. It is argued that unequal treatment on the basis of such a distinction is not justified by the aim and purpose of the regulation. It is said, for example, that one of appellant's trucks carrying the advertisement of a commercial house would not cause any greater distraction of pedestrians and vehicle drivers than if the 110*110 commercial house carried the same advertisement on its own truck. Yet the regulation allows the latter to do what the former is forbidden from doing. It is therefore contended that the classification which the regulation makes has no relation to the traffic problem since a violation turns not on what kind of advertisements are carried on trucks but on whose trucks they are carried. That, however, is a superficial way of analyzing the problem, even if we assume that it is premised on the correct construction of the regulation. The local authorities may well have concluded that those who advertise their own wares on their trucks do not present the same traffic problem in view of the nature or extent of the advertising which they use. It would take a degree of omniscience which we lack to say that such is not the case. If that judgment is correct, the advertising displays that are exempt have less incidence on traffic than those of appellants. We cannot say that that judgment is not an allowable one. Yet if it is, the classification has relation to the purpose for which it is made and does not contain the kind of discrimination against which the Equal Protection Clause affords protection."
Penn Central Transp. Co. v. New York City, 438 US 104 (1978) (William Brennan)
"The question presented is whether a city may, as part of a comprehensive program to preserve historic landmarks and historic districts, place restrictions on the development of individual historic landmarks—in addition to those imposed by applicable zoning ordinances—without effecting a "taking" requiring the payment of "just compensation." ... In engaging in these essentially ad hoc, factual inquiries, the Court's decisions have identified several factors that have particular significance. The economic impact of the regulation on the claimant and, particularly, the extent to which the regulation has interfered with distinct investment-backed expectations are, of course, relevant considerations. See Goldblatt v. Hempstead, supra, at 594. So, too, is the character of the governmental action. A "taking" may more readily be found when the interference with property can be characterized as a physical invasion by government, see, e. g., United States v. Causby, 328 U. S. 256 (1946), than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common good. ... On this record, we conclude that the application of New York City's Landmarks Law has not effected a "taking" of appellants' property. The restrictions imposed are substantially related to the promotion of the general welfare and not only permit reasonable beneficial use of the landmark site but also afford appellants opportunities further to enhance not only the Terminal site proper but also other properties."
Ingraham v. Wright, 430 US 651 (1977) (Byron White)
"The reason that the Constitution requires a State to provide "due process of law" when it punishes an individual for misconduct is to protect the individual from erroneous or mistaken punishment that the State would not have inflicted had it found the facts in a more reliable way. ... To guard against this risk of punishing an innocent child, the Due Process Clause requires, not an "elaborate hearing" before a neutral party, but simply "an informal give-and-take between student and disciplinarian" which gives the student "an opportunity to explain his version of the facts. ... The majority's conclusion that a damages remedy for excessive corporal punishment affords adequate process rests on the novel theory that the State may punish an individual without giving him any opportunity to present his side of the story, as long as he can later recover damages from a state official if he is innocent. The logic of this theory would permit a State that punished speeding with a one-day jail sentence to make a driver serve his sentence first without a trial and then sue to recover damages for wrongful imprisonment."
Stenberg v. Carhart, 530 US 914 (2000) (John Paul Stevens)
"The rhetoric is almost, but not quite, loud enough to obscure the quiet fact that during the past 27 years, the central holding of Roe v. Wade, 410 U. S. 113 (1973), has been endorsed by all but 4 of the 17 Justices who have addressed the issue. That holding—that the word "liberty" in the Fourteenth Amendment includes a woman's right to make this difficult and extremely personal decision—makes it impossible for me to understand how a State has any legitimate interest in requiring a doctor to follow any procedure other than the one that he or she reasonably believes will best protect the woman in her exercise of this constitutional liberty."
Turner v. Safley, 482 US 78 (1987) (Sandra O'Connor)
"The right to marry, like many other rights, is subject to substantial restrictions as a result of incarceration. Many important attributes of marriage remain, however, after taking into account the limitations imposed by prison life. First, inmate marriages, like others, are expressions of emotional support and public commitment. These elements 96*96 are an important and significant aspect of the marital relationship. In addition, many religions recognize marriage as having spiritual significance; for some inmates and their spouses, therefore, the commitment of marriage may be an exercise of religious faith as well as an expression of personal dedication. Third, most inmates eventually will be released by parole or commutation, and therefore most inmate marriages are formed in the expectation that they ultimately will be fully consummated. Finally, marital status often is a precondition to the receipt of government benefits (e. g., Social Security benefits), property rights (e. g., tenancy by the entirety, inheritance rights), and other, less tangible benefits (e. g., legitimation of children born out of wedlock). Taken together, we conclude that these remaining elements are sufficient to form a constitutionally protected marital relationship in the prison context."
Lindsley v. Natural Carbonic Gas Co., 220 US 61 (1911) (Willis Van Devanter)
"The rules by which this contention must be tested, as is shown by repeated decisions of this court, are these: 1. The equal protection clause of the Fourteenth Amendment does not take from the State the power to classify in the adoption of police laws, but admits of the exercise of a wide scope of discretion in that regard, and avoids what is done only when it is without any reasonable basis and therefore is purely arbitrary. 2. A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality. 3. When the classification in such a law is called in question, if any state of facts reasonably can be conceived that would sustain it, the existence of that state of facts at the time the law was enacted must be assumed. 4. One 79*79 who assails the classification in such a law must carry the burden of showing that it does not rest upon any reasonable basis, but is essentially arbitrary. Bachtel v. Wilson, 204 U.S. 36, 41; Louisville & Nashville R.R. Co. v. Melton, 218 U.S. 36; Ozan Lumber Co. v. Union County Bank, 207 U.S. 251, 256; Munn v. Illinois, 94 U.S. 113, 132; Henderson Bridge Co. v. Henderson City, 173 U.S. 592, 615."
Zablocki v. Redhail, 434 US 374 (1978) (John Paul Stevens)
"The statute appears to reflect a legislative judgment that persons who have demonstrated an inability to support their offspring should not be permitted to marry and thereafter to 405*405 bring additional children into the world.[6] Even putting to one side the growing number of childless marriages and the burgeoning number of children born out of wedlock, that sort of reasoning cannot justify this deliberate discrimination against the poor."
Doe v. Bolton, 410 US 179 (1973) (Harry Blackmun)
"The statute's emphasis, as has been repetitively noted, is on the attending physician's "best clinical judgment that an abortion is necessary." That should be sufficient. The reasons for the presence of the confirmation step in the statute are perhaps apparent, but they are insufficient to withstand constitutional challenge. Again, no other voluntary medical or surgical procedure for which Georgia requires confirmation by two other physicians has been cited to us. If a physician is licensed by the State, he is recognized by the State as capable of exercising acceptable clinical judgment. If he fails in this, professional censure and deprivation of his license are available remedies. Required acquiescence by co-practitioners has no rational connection with a patient's needs and unduly infringes on the physician's right to practice. The attending physician will know when a consultation is advisable —the doubtful situation, the need for assurance when the medical decision is a delicate one, and the like. Physicians have followed this routine historically and 200*200 know its usefulness and benefit for all concerned. It is still true today that "[r]eliance must be placed upon the assurance given by his license, issued by an authority competent to judge in that respect, that he [the physician] possesses the requisite qualifications." Dent v. West Virginia, 129 U. S. 114, 122-123 (1889). See United States v. Vuitch, 402 U. S., at 71."
Tribe, Lawrence v. Texas: The Fundamental Right that Dare Not Speak Its Name, 117 Harv. L. Rev. 1893 (2004)
"The strictness of the Court's standard in Lawrence, however articulated, could hardly have been more obvious. To search for the magic words proclaiming the right protected in Lawrence to be fundamental, and to assume in the absence of those words mere rationality review applied, is to universalize what is in fact only an occasional practice. Moreover, it requires overlooking passage after passage in which the Court's opinion indeed invoked the talismatic verbal formula of substantive due process."
Akron v. Akron Center for Reproductive Health, Inc., 462 US 416 (1983) (Akron I) (Lewis Powell)
"There can be no doubt that § 1870.03's second-trimester hospitalization requirement places a significant obstacle in the path of women seeking an abortion. A primary burden created by the requirement is additional cost to the woman. The Court of Appeals noted that there was testimony that a second-trimester abortion costs more than twice as much in a 435*435 hospital as in a clinic. See 651 F. 2d, at 1209 (in-hospital abortion costs $850-$900, whereas a dilatation-and-evacuation (D&E) abortion performed in a clinic costs $350-$400).[20] Moreover, the court indicated that second-trimester abortions were rarely performed in Akron hospitals. Ibid. (only nine second-trimester abortions performed in Akron hospitals in the year before trial).[21] Thus, a second-trimester hospitalization requirement may force women to travel to find available facilities, resulting in both financial expense and additional health risk. It therefore is apparent that a second-trimester hospitalization requirement may significantly limit a woman's ability to obtain an abortion. ... Viewing the city's regulations in this light, we believe that § 1870.06(B) attempts to extend the State's interest in ensuring "informed consent" beyond permissible limits. First, it is fair to say that much of the information required is designed not to inform the woman's consent but rather to persuade her to withhold it altogether. Subsection (3) requires the physician to inform his patient that "the unborn child is a human life from the moment of conception," a requirement inconsistent with the Court's holding in Roe v. Wade that a State may not adopt one theory of when life begins to justify its regulation of abortions. See 410 U. S., at 159-162. Moreover, much of the detailed description of "the anatomical and physiological characteristics of the particular unborn child" required by subsection (3) would involve at best speculation by the physician.[34] And subsection (5), that begins with the dubious statement that "abortion is a major surgical procedure"[35] and proceeds to describe numerous possible 445*445 physical and psychological complications of abortion,[36] is a "parade of horribles" intended to suggest that abortion is a particularly dangerous procedure."
West Coast Hotel Co. v. Parrish, 300 US 379 (1937) (Charles Evans Hughes)
"There is an additional and compelling consideration which recent economic experience has brought into a strong light. The exploitation of a class of workers who are in an unequal position with respect to bargaining power and are thus relatively defenceless against the denial of a living wage is not only detrimental to their health and well being but casts a direct burden for their support upon the community. What these workers lose in wages the taxpayers are called upon to pay. The bare cost of living must be met. We may take judicial notice of the unparalleled demands for relief which arose during the recent period of depression and still continue to an alarming extent despite the degree of economic recovery which has been achieved. It is unnecessary to cite official statistics to establish what is of common knowledge through the length and breadth of the land. While in the instant case no factual brief has been presented, there is no reason to doubt that the State of Washington has encountered the same social problem that is present elsewhere. The community is not bound to provide what is in effect a subsidy for unconscionable employers."
Griswold v. Connecticut, 381 US 479 (1965) (Byron White)
"There is no serious contention that Connecticut thinks the use of artificial or external methods of contraception immoral or unwise in itself, or that the anti-use statute is founded upon any policy of promoting population expansion. Rather, the statute is said to serve the State's policy against all forms of promiscuous or illicit sexual relationships, be they premarital or extramarital, concededly a permissible and legitimate legislative goal. Without taking issue with the premise that the fear of conception operates as a deterrent to such relationships in addition to the criminal proscriptions Connecticut has against such conduct, I wholly fail to see how the ban on the use of contraceptives by married couples in any way reinforces the State's ban on illicit sexual relationships. See Schware v. Board of Bar Examiners, 353 U. S. 232, 239. Connecticut does not bar the importation or possession of contraceptive devices; they are not considered contraband material under state law, State v. Certain Contraceptive Materials, 126 Conn. 428, 11 A. 2d 863, and their availability in that State is not seriously disputed. The only way Connecticut seeks to limit or control the availability of such devices is through its general aiding and abetting statute whose operation in this context has 506*506 been quite obviously ineffective and whose most serious use has been against birth-control clinics rendering advice to married, rather than unmarried, persons. Cf. Yick Wo v. Hopkins, 118 U. S. 356. Indeed, after over 80 years of the State's proscription of use, the legality of the sale of such devices to prevent disease has never been expressly passed upon, although it appears that sales have long occurred and have only infrequently been challenged. This "undeviating policy . . . throughout all the long years . . . bespeaks more than prosecutorial paralysis." Poe v. Ullman, 367 U. S. 497, 502. Moreover, it would appear that the sale of contraceptives to prevent disease is plainly legal under Connecticut law. In these circumstances one is rather hard pressed to explain how the ban on use by married persons in any way prevents use of such devices by persons engaging in illicit sexual relations and thereby contributes to the State's policy against such relationships. Neither the state courts nor the State before the bar of this Court has tendered such an explanation. It is purely fanciful to believe that the broad proscription on use facilitates discovery of use by persons engaging in a prohibited relationship or for some other reason makes such use more unlikely and thus can be supported by any sort of administrative consideration. Perhaps the theory is that the flat ban on use prevents married people from possessing contraceptives and without the ready availability of such devices for use in the marital relationship, there will be no or less temptation to use them in extramarital ones. This reasoning rests on the premise that married people will comply with the ban in regard to their marital relationship, notwithstanding total nonenforcement in this context and apparent nonenforcibility, but will not comply with criminal statutes prohibiting extramarital affairs and the anti-use statute in respect to illicit sexual relationships, a premise whose validity has not been 507*507 demonstrated and whose intrinsic validity is not very evident. At most the broad ban is of marginal utility to the declared objective. A statute limiting its prohibition on use to persons engaging in the prohibited relationship would serve the end posited by Connecticut in the same way, and with the same effectiveness, or ineffectiveness, as the broad anti-use statute under attack in this case. I find nothing in this record justifying the sweeping scope of this statute, with its telling effect on the freedoms of married persons, and therefore conclude that it deprives such persons of liberty without due process of law."
United States v. Carolene Products Co., 304 US 144 n.4 (1938) (Harlan Stone)
"There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth. See Stromberg v. California, 283 U.S. 359, 369-370; Lovell v. Griffin, 303 U.S. 444, 452. It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation. On restrictions upon the right to vote, see Nixon v. Herndon, 273 U.S. 536; Nixon v. Condon, 286 U.S. 73; on restraints upon the dissemination of information, see Near v. Minnesota ex rel. Olson, 283 U.S. 697, 713-714, 718-720, 722; Grosjean v. American Press Co., 297 U.S. 233; Lovell v. Griffin, supra; on interferences with political organizations, see Stromberg v. California, supra, 369; Fiske v. Kansas, 274 U.S. 380; Whitney v. California, 274 U.S. 357, 373-378; Herndon v. Lowry, 301 U.S. 242; and see Holmes, J., in Gitlow v. New York, 268 U.S. 652, 673; as to prohibition of peaceable assembly, see De Jonge v. Oregon, 299 U.S. 353, 365. Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious, Pierce v. Society of Sisters, 268 U.S. 510, or national, Meyer v. Nebraska, 262 U.S. 390; Bartels v. Iowa, 262 U.S. 404; Farrington v. Tokushige, 273 U.S. 484, or racial minorities, Nixon v. Herndon, supra; Nixon v. Condon, supra: whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry. Compare McCulloch v. Maryland, 4 Wheat. 316, 428; South Carolina v. Barnwell Bros., 303 U.S. 177, 184, n. 2, and cases cited."
Mathews v. Eldridge, 424 US 319 (1976) (Lewis Powell)
"These decisions underscore the truism that " `[d]ue process,' unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances." Cafeteria Workers v. McElroy, 367 U. S. 886, 895 (1961). "[D]ue process is flexible and calls for such procedural protections as the particular situation demands." Morrissey v. Brewer, 408 U. S. 471, 481 (1972). Accordingly, resolution of the issue whether the administrative procedures provided here are constitutionally sufficient requires analysis of the governmental and private interests that are affected. Arnett v. Kennedy, supra, at 167-168 (POWELL, J., concurring in part); Goldberg v. Kelly, supra, at 263-266; Cafeteria Workers v. McElroy, supra, at 895. More precisely, our prior decisions 335*335 indicate that identification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government's interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. See, e. g., Goldberg v. Kelly, supra, at 263-271."
Loving v. Virginia, 388 US 1 (1967) (Earl Warren)
"These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U. S. 535, 541 (1942). See also Maynard v. Hill, 125 U. S. 190 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
US v. Master, 614 F. 3d 236, 239 n.2 (6th Cir. 2010) (Eric Clay)
"This Court has previously considered this question and issued a divided unpublished opinion finding the search did not violate the Fourth Amendment. United States v. Franklin, 284 Fed.Appx. 266 (6th Cir.2008). This case and Franklin appear to be distinguishable. To the extent the two cases have factual distinctions, the facts in this case are more favorable to Defendant. In Franklin, it was at least debatable whether the local judge had authority under state law to issue the contested warrant because the judge who lacked jurisdiction asserted that he had authority pursuant to Tennessee's "interchange" rules. See Franklin, 284 Fed.Appx. at 268. Additionally, since Franklin is unpublished, the panel is not required to follow the case. See Bell v. Johnson, 308 F.3d 594, 611 (6th Cir. 2002) (noting that it is "well-established law in this circuit that unpublished cases are not binding precedent"). This panel therefore makes an independent determination of whether the search violated the Fourth Amendment."
Bowers v. Hardwick, 478 US 186 (1986) (Harry Blackmun)
"This case is no more about "a fundamental right to engage in homosexual sodomy," as the Court purports to declare, ante, at 191, than Stanley v. Georgia, 394 U. S. 557 (1969), was about a fundamental right to watch obscene movies, or Katz v. United States, 389 U. S. 347 (1967), was about a fundamental right to place interstate bets from a telephone booth. Rather, this case is about "the most comprehensive of rights and the right most valued by civilized men," namely, "the right to be let alone." Olmstead v. United States, 277 U. S. 438, 478 (1928) (Brandeis, J., dissenting). ... We protect those rights not because they contribute, in some direct and material way, to the general public welfare, but because they form so central a part of an individual's life. Only the most willful blindness could obscure the fact that sexual intimacy is "a sensitive, key relationship of human existence, central to family life, community welfare, and the development of human personality," Paris Adult Theatre I v. Slaton, 413 U. S. 49, 63 (1973); see also Carey v. Population Services International, 431 U. S. 678, 685 (1977). The fact that individuals define themselves in a significant way through their intimate sexual relationships with others suggests, in a Nation as diverse as ours, that there may be many "right" ways of conducting those relationships, and that much of the richness of a relationship will come from the freedom an individual has to choose the form and nature of these intensely personal bonds."
Loretto v. Teleprompter Manhattan CATV Corp., 458 US 419 (1982) (Thurgood Marshall)
"This case presents the question whether a minor but permanent physical occupation of an owner's property authorized by government constitutes a "taking" of property for which just compensation is due under the Fifth and Fourteenth Amendments of the Constitution. ... We conclude that a permanent physical occupation authorized by government is a taking without regard to the public interests that it may serve. Our constitutional history confirms the rule, recent cases do not question it, and the purposes of the Takings Clause compel its retention. ... Penn Central Transportation Co. v. New York City, as noted above, contains one of the most complete discussions of the Takings Clause. The Court explained that resolving whether public action works a taking is ordinarily an ad hoc inquiry in which several factors are particularly significant— the economic impact of the regulation, the extent to which it interferes with investment-backed expectations, and the character of the governmental action. 438 U. S., at 124. The opinion does not repudiate the rule that a permanent physical occupation is a government action of such a unique character that it is a taking without regard to other factors that a court might ordinarily examine."
Missouri Pacific R. Co. v. Nebraska, 164 US 403 (1896) (Horace Gray)
"This court, confining itself to what is necessary for the decision of the case before it, is unanimously of opinion, that the order in question, so far as it required the railroad corporation to surrender a part of its land to the petitioners, for the purpose of building and maintaining their elevator upon it, was, in essence and effect, a taking of private property of the railroad corporation, for the private use of the petitioners. The taking by a State of the private property of one person or corporation, without the owner's consent, for the private use of another, is not due process of law, and is a violation of the Fourteenth Article of Amendment of the Constitution of the United States. Wilkinson v. Leland, 2. Pet. 627, 658; Murray v. Hoboken Co., 18 How. 272, 276; Loan Association v. Topeka, 20 Wall. 655; Davidson v. New Orleans, 96 U.S. 97, 102; Cole v. La Grange, 113 U.S. 1; Fallbrook District v. Bradley, ante, 112, 158, 161; State v. Chicago, Milwaukee & St. Paul Railway, 36 Minnesota, 402."
Bailey v. Alabama, 219 US 219 (1911) (Charles Evans Hughes)
"This is a writ of error to review a judgment of the Supreme Court of the State of Alabama, affirming a judgment of conviction in the Montgomery City Court. The statute, upon which the conviction was based, is assailed as in violation of the Fourteenth Amendment of the Constitution of the United States upon the ground that it deprived the plaintiff in error of his liberty without due process of law and denied him the equal protection of the laws, and also of the Thirteenth Amendment and of the act of Congress providing for the enforcement of that Amendment, in that the effect of the statute is to enforce involuntary servitude by compelling personal service in liquidation of a debt. ... The words involuntary servitude have a "larger meaning than slavery." "It was very well understood that in the form of apprenticeship for long terms, as it had been practiced in the West India Islands, on the abolition of slavery by the English government, or by reducing the slaves to the condition of serfs attached to the plantation, the purpose of the article might have been evaded, if only the word slavery had been used." Slaughter House Cases, 16 Wall. p. 69. The plain intention was to abolish slavery of whatever name and form and all its badges and incidents; to render impossible any state of bondage; to make labor free, by prohibiting that control by which the personal service of one man is disposed of or coerced for another's benefit which is the essence of involuntary servitude."
Roe v. Wade, 410 US 113 (1973) (Harry Blackmun)
"This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The detriment that the State would impose upon the pregnant woman by denying this choice altogether is apparent. Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by child care. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it. In other cases, as in this one, the additional difficulties and continuing stigma of unwed motherhood may be involved. All these are factors the woman and her responsible physician necessarily will consider in consultation."
Washington v. Glucksberg, 521 US 702 (1997) (John Paul Stevens)
"Thus, although the differences the majority notes in causation and intent between terminating life support and assisting in suicide support the Court's rejection of the respondents' facial challenge, these distinctions may be inapplicable to particular terminally ill patients and their doctors. Our holding today in Vacco v. Quill, post, p. 793, that the Equal Protection Clause is not violated by New York's classification, just like our holding in Washington v. Glucksberg that the Washington statute is not invalid on its face, does not foreclose the possibility that some applications of the New 752*752 York statute may impose an intolerable intrusion on the patient's freedom."
Keystone Bituminous Coal Assn. v. DeBenedictis, 480 US 470 (1987) (John Paul Stevens)
"Thus, the Subsidence Act differs from the Kohler Act in critical and dispositive respects. With regard to the Kohler Act, the Court believed that the Commonwealth had acted only to ensure against damage to some private landowners' homes. Justice Holmes stated that if the private individuals needed support for their structures, they should not have 488*488 "take[n] the risk of acquiring only surface rights." 260 U. S., at 416. Here, by contrast, the Commonwealth is acting to protect the public interest in health, the environment, and the fiscal integrity of the area. That private individuals erred in taking a risk cannot estop the Commonwealth from exercising its police power to abate activity akin to a public nuisance. The Subsidence Act is a prime example that "circumstances may so change in time . . . as to clothe with such a [public] interest what at other times . . . would be a matter of purely private concern." Block v. Hirsh, 256 U. S. 135, 155 (1921). ... The 27 million tons of coal do not constitute a separate segment of property for takings law purposes. Many zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property. A requirement that a building occupy no more than a specified percentage of the lot on which it is located could be characterized as a taking of the vacant area as readily as the requirement that coal pillars be left in place...There is no basis for treating the less than 2% of petitioners' coal as a separate parcel of property."
New State Ice Co. v. Liebmann, 285 US 262 (1932) (Louis Brandeis)
"To stay experimentation in things social and economic is a grave responsibility. Denial of the right to experiment may be fraught with serious consequences to the Nation. It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country. This Court has the power to prevent an experiment.[57] We may strike down the statute which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious or unreasonable. We have power to do this, because the due process clause has been held by the Court applicable to matters of substantive law as well as to matters of procedure."
Roe v. Wade, 410 US 113 (1973) (Harry Blackmun)
"To summarize and to repeat: 1. A state criminal abortion statute of the current Texas type, that excepts from criminality only a life-saving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment. (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health."
Lucas v. South Carolina Coastal Council, 505 US 1003 (1992) (Harry Blackmun)
"Today the Court launches a missile to kill a mouse. I first question the Court's rationale in creating a category that obviates a "case-specific inquiry into the public interest advanced," ante, at 1015, if all economic value has been lost. If one fact about the Court's takings jurisprudence can be stated without contradiction, it is that "the particular circumstances of each case" determine whether a specific restriction will be rendered invalid by the government's failure to pay compensation. United States v. Central Eureka Mining Co., 357 U. S. 155, 168 (1958). This is so because although we have articulated certain factors to be considered, including the economic impact on the property owner, the ultimate conclusion "necessarily requires a weighing of private and public interests." Agins, 447 U. S., at 261. When the government regulation prevents the owner from any economically valuable use of his property, the private interest is unquestionably substantial, but we have never before held that no public interest can outweigh it. Instead the Court's prior decisions "uniformly reject the proposition that diminution in property value, standing alone, can establish a `taking.' " Penn Central Transp. Co. v. New York City, 438 U. S. 104, 131 (1978)."
United States Trust Co. of NY v. New Jersey, 431 US 1 (1977) (William Brennan)
"Today's decision, in invalidating the New Jersey Legislature's 1974 repeal of its predecessor's 1962 covenant, rejects this previous understanding and remolds the Contract Clause into a potent instrument for overseeing important policy determinations of the state legislature. ... The Court, however, stands the Contract Clause completely on its head, see supra, at 45, and both formulates and strictly applies a novel standard for reviewing a State's attempt to relieve its citizens from unduly harsh contracts entered into by earlier legislators:[16] Such "an impairment may be constitutional 54*54 if it is reasonable and necessary to serve an important public purpose." Ante, at 25. Not only is this apparently spontaneous formulation virtually assured of frustrating the understanding of court and litigant alike,[17] but it 55*55 is wholly out of step with the modern attempts of this Court to define the reach of the Contract Clause when a State's own contractual obligations are placed in issue. ... For this Court should have learned long ago that the Constitution—be it through the Contract or Due Process Clause—can actively intrude into such economic and policy matters only if my Brethren are prepared to bear enormous institutional and social costs."
Youngberg v. Romeo, 457 US 307 (1982) (Lewis Powell)
"We consider here for the first time the substantive rights of involuntarily committed mentally retarded persons under the Fourteenth Amendment to the Constitution. The mere fact that Romeo has been committed under proper procedures does not deprive him of all substantive liberty interests under the Fourteenth Amendment. See, e. g., Vitek v. Jones, 445 U. S. 480, 491-494 (1980). Indeed, the State concedes that respondent has a right to adequate food, shelter, clothing, and medical care. We must decide whether liberty interests also exist in safety, freedom of movement, and training. If such interests do exist, we must further decide whether they have been infringed in this case. ... In the circumstances presented by this case, and on the basis of the record developed to date, we agree with his view and conclude that respondent's liberty interests require the State to provide minimally adequate or reasonable training to ensure safety and freedom from undue restraint."
Exxon Shipping Co. v. Baker, 554 US 471 (2008) (David Souter)
"Today's enquiry differs from due process review because the case arises under federal maritime jurisdiction, and we are reviewing a jury award for conformity with maritime law, rather than the outer limit allowed by due process; we are examining the verdict in the exercise of federal maritime common law authority, which precedes and should obviate any application of the constitutional standard. Whatever may be the constitutional significance of the unpredictability of high punitive awards, this feature of happenstance is in tension with the function of the awards as punitive, just because of the implication of unfairness that an eccentrically high punitive verdict carries in a system whose commonly held notion of law rests on a sense of fairness in dealing with one another. Thus, a penalty should be reasonably predictable in its severity, so that even Justice Holmes's "bad man" can look ahead with some ability to know what the stakes are in choosing one course of action or another. See The Path of the Law, 10 Harv. L.Rev. 457, 459 (1897). And when the bad man's counterparts turn up from time to time, the penalty scheme they face ought to threaten them with a fair probability of suffering in like degree when they wreak like damage. Cf. Koon v. United States, 518 U.S. 81, 113, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996) (noting the need "to reduce unjustified disparities" in criminal sentencing "and so reach toward the evenhandedness and neutrality that are the distinguishing marks of any principled system of justice"). The common sense of justice would surely bar penalties that reasonable people would think excessive for the harm caused in the circumstances."
Kelo v. New London, 545 US 469 (2005) (John Paul Stevens)
"Two polar propositions are perfectly clear. On the one hand, it has long been accepted that the sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation. On the other hand, it is equally clear that a State may transfer property from one private party to another if future "use by the public" is the purpose of the taking; the condemnation of land for a railroad with common-carrier duties is a familiar example. Neither of these propositions, however, determines the disposition of this case. As for the first proposition, the City would no doubt be forbidden from taking petitioners' land for the purpose of conferring a private benefit on a particular private party. See Midkiff, 467 U. S., at 245 ("A purely private taking could not withstand the scrutiny of the public use requirement; it would serve no legitimate purpose of government and would thus be void"); Missouri Pacific R. Co. v. Nebraska, 478*478 164 U. S. 403 (1896).[5] Nor would the City be allowed to take property under the mere pretext of a public purpose, when its actual purpose was to bestow a private benefit. The takings before us, however, would be executed pursuant to a "carefully considered" development plan. 268 Conn., at 54, 843 A. 2d, at 536. The trial judge and all the members of the Supreme Court of Connecticut agreed that there was no evidence of an illegitimate purpose in this case.[6] Therefore, as was true of the statute challenged in Midkiff, 467 U. S., at 245, the City's development plan was not adopted "to benefit a particular class of identifiable individuals. ... The disposition of this case therefore turns on the question whether the City's development plan serves a "public purpose." Without exception, our cases have defined that concept broadly, reflecting our longstanding policy of deference to legislative judgments in this field."
Dolan v. City of Tigard, 512 US 374 (1994) (John Paul Stevens)
"Under the Court's approach, a city must not only "quantify its findings," ante, at 395, and make "individualized determination[s]" with respect to the nature and the extent of the relationship between the conditions and the impact, ante, at 391, 393, but also demonstrate "proportionality." The correct inquiry should instead concentrate on whether the required nexus is present and venture beyond considerations of a condition's nature or germaneness only if the developer establishes that a concededly germane condition is so grossly disproportionate to the proposed development's adverse effects that it manifests motives other than land use regulation on the part of the city. ... The so-called "regulatory 407*407 takings" doctrine that the Holmes dictum[10] kindled has an obvious kinship with the line of substantive due process cases that Lochner exemplified."
Pierce v. Society of Sisters, 268 US 510 (1925) (James McReynolds)
"Under the doctrine of Meyer v. Nebraska, 262 U.S. 390, we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children 535*535 under their control. As often heretofore pointed out, rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the State. The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture [her or] him and direct [her or] his destiny have the right, coupled with the high duty, to recognize and prepare [her or] him for additional obligations."
Hart v. Massanari, 266 F. 3d 1155 (9th Cir. 2001) (Alex Kozinski)
"Unlike the Anastasoff court, we are unable to find within Article III of the Constitution a requirement that all case dispositions and orders issued by appellate courts be binding authority. On the contrary, we believe that an inherent aspect of our function as Article III judges is managing precedent to develop a coherent body of circuit law to govern litigation in our court and the other courts of this circuit. We agree with Anastasoff that we — and all courts — must follow the law. But we do not think that this means we must also make binding law every time we issue a merits decision. The common law has long recognized that certain types of cases do not deserve to be authorities, and that one important aspect of the judicial function is separating the cases that should be precedent from those that should not.[40] Without clearer guidance than that offered in Anastasoff, we see no constitutional basis for abdicating this important aspect of our judicial responsibility. Contrary to counsel's contention, then, we conclude that Rule 36-3 is constitutional. We also find that counsel violated the rule. Nevertheless, we are aware that Anastasoff may have cast doubt on our rule's constitutional validity. Our rules are obviously not meant to punish attorneys who, in good faith, seek to test a rule's constitutionality. We therefore conclude that the violation was not willful and exercise our discretion not to impose sanctions."
Philip Morris USA v. Williams, 549 US 346 (2007) (John Paul Stevens)
"Unlike the Court, I see no reason why an interest in punishing a wrongdoer "for harming persons who are not before the court," ante, at 1060, should not be taken into consideration when assessing the appropriate sanction for reprehensible conduct. Whereas compensatory damages are measured by the harm the defendant has caused the plaintiff, punitive damages are a sanction for the public harm the defendant's conduct has caused or threatened. There is little difference between the justification for a criminal sanction, such as a fine or a term of imprisonment, and an award of punitive damages. ... [T]he majority relies on a distinction between taking 1067*1067 third-party harm into account in order to assess the reprehensibility of the defendant's conduct — which is permitted — and doing so in order to punish the defendant "directly" — which is forbidden. Ante, at 1064. This nuance eludes me. When a jury increases a punitive damages award because injuries to third parties enhanced the reprehensibility of the defendant's conduct, the jury is by definition punishing the defendant — directly — for third-party harm.[2] A murderer who kills his victim by throwing a bomb that injures dozens of bystanders should be punished more severely than one who harms no one other than his intended victim. Similarly, there is no reason why the measure of the appropriate punishment for engaging in a campaign of deceit in distributing a poisonous and addictive substance to thousands of cigarette smokers statewide should not include consideration of the harm to those "bystanders" as well as the harm to the individual plaintiff."
Moore v. Barnhart, 405 F. 3d 1208, 1211 n.3 (11th Cir. 2005)
"Unpublished decisions of this court are not binding precedent. See 11th Cir. R. 36-2. However, Moore specifically relies on our unpublished decision in Stewart, and we address it for this reason."
Frederick Pollock, A First Book of Jurisprudence for Students of the Common Law 300 (1896)
"Usage differs on the point whether...a court of last resort shall treat itself as bound by its own decisions. The House of Lords has gone farthest in this direction; the Supreme Court of the United States, on the other hand, has more than once openly reversed its own previous doctrine."
Skinner v. Oklahoma ex rel. Williamson, 316 US 535 (1942) (William Douglas)
"We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and procreation are fundamental to the very existence and survival of the race. The power to sterilize, if exercised, may have subtle, far-reaching and devastating effects. In evil or reckless hands it can cause races or types which are inimical to the dominant group to wither and disappear. There is no redemption for the individual whom the law touches. Any experiment which the State conducts is to his irreparable injury. He is forever deprived of a basic liberty. We mention these matters not to reexamine the scope of the police power of the States. We advert to them merely in emphasis of our view that strict scrutiny of the classification which a State makes in a sterilization law is essential, lest unwittingly, or otherwise, invidious discriminations are made against groups or types of individuals in violation of the constitutional guaranty of just and equal laws. The guaranty of "equal protection of the laws is a pledge of the protection of equal laws." Yick Wo v. Hopkins, 118 U.S. 356, 369. When the law lays an unequal hand on those who have committed intrinsically the same quality of offense and sterilizes one and not the other, it has made as invidious a discrimination as if it had selected a particular race or nationality for oppressive treatment."
State v. Hayes, 333 So. 2d 51 (Fla. Dist. Ct. App. 1976) (James Walden)
"We are faced with two points on appeal. The first is particularly provocative and apparently one of first impression in Florida. The state cited no case in support of its argument of it. POINT I Is a Circuit Court of the Fifteenth Circuit of Florida "bound" by the decision of a District Court of Appeal other than the Fourth District Court of Appeal? We opine and answer the question in the affirmative by flatly stating that a Circuit Court wheresoever situate in Florida is equally bound by a decision of a District Court of Appeal regardless of its appellate district. The basic principle: "Under the stare decisis rule, a principle of law which has become settled by a series of decisions generally is binding on the courts and should be followed in similar cases. This rule is based on expediency and public policy... ." 21 C.J.S. Courts § 187. The purpose of the rule is to preserve harmony and stability and predictability in the law, Forman v. Florida Land Holding Corporation, 102 So.2d 596 (Fla. 1958); Old Plantation Corp. v. Maule Industries, Inc., 68 So.2d 180 (Fla. 1953), see 20 Am.Jur.2d Courts § 183 et seq. The doctrine is generally applied to courts of last resort, see United States Steel Corporation 53*53 v. Save Sand Key, Inc., 303 So.2d 9 (Fla. 1974)."
US v. Goff, 314 F. 3d 1248 (10th Cir. 2003) (Monroe McKay)
"We are not alone in reaching this conclusion; six other circuits have affirmed § 2K2.1(b)(4) enhancements under the amended version of Application Note 12 where the defendants' base offense levels were not determined under § 2K2.1(a)(7). See United States v. Raleigh, 278 F.3d 563 (6th Cir.2002); United States v. Hurst, 228 F.3d 751 (6th Cir.2000); United States v. Brown, 169 F.3d 89 (1st Cir.1999); United States v. Shepardson, 196 F.3d 306 (2d Cir.1999); United States v. Luna, 165 F.3d 316 (5th Cir.1999); United States v. Hawkins, 181 F.3d 911 (8th Cir.1999); United States v. Turnipseed, 159 F.3d 383 (9th Cir.1998). Appellant argues that we have twice reaffirmed our position in Rowlett since the 1995 amendment to Application Note 12. Specifically, Appellant points to two unpublished decisions: United States v. Herrman, 99 F.3d 1151 (table), 1996 WL 621028 (10th Cir. Oct.28, 1996) (unpublished); and United States v. Feugate, 2001 WL 1650239 (10th Cir. Dec.26, 2001) (unpublished). While these cases are both unpublished and are therefore not binding precedent, they are nevertheless easily distinguished from the present case. In both Herrman and Feugate, the defendants' convictions were for possession of stolen firearms. Citing Rowlett, we upheld the two-level enhancements in both cases, reasoning that since the firearms were stolen prior to the commission of the offense of conviction, the enhancement was appropriate. Neither of these holdings are inconsistent with Application Note 12, as amended, nor with our decision here."
Lucas v. South Carolina Coastal Council, 505 US 1003 (1992) (Antonin Scalia)
"We have, however, described at least two discrete categories of regulatory action as compensable without case-specific inquiry into the public interest advanced in support of the restraint. The first encompasses regulations that compel the property owner to suffer a physical "invasion" of his property. In general (at least with regard to permanent invasions), no matter how minute the intrusion, and no matter how weighty the public purpose behind it, we have required compensation. The second situation in which we have found categorical treatment appropriate is where regulation denies all economically beneficial or productive use of land. See Agins, 447 U. S., at 260; see also Nollan v. California Coastal Comm'n, 483 U. S. 825, 834 (1987); Keystone Bituminous Coal Assn. v. DeBenedictis, 480 U. S. 470, 495 (1987); Hodel v. Virginia Surface Mining & Reclamation Assn., Inc., 452 1016*1016 U. S. 264, 295-296 (1981).[6] As we have said on numerous occasions, the Fifth Amendment is violated when land-use regulation "does not substantially advance legitimate state interests or denies an owner economically viable use of his land. " Agins, supra, at 260 (citations omitted) (emphasis added).[7]"
First Lutheran Church v. Los Angeles County, 482 US 304 (1987) (William Rehnquist)
"We merely hold that where the government's activities have already worked a taking of all use of property, no subsequent action by the government can relieve it of the duty to provide compensation for the period during which the taking was effective. We realize that even our present holding will undoubtedly lessen to some extent the freedom and flexibility of land-use planners and governing bodies of municipal corporations when enacting land-use regulations. But such consequences necessarily flow from any decision upholding a claim of constitutional right."
North American Cold Storage Co. v. Chicago, 211 US 306 (1908) (Rufus Peckham)
"We think when the question is one regarding the destruction of food which is not fit for human use the emergency must be one which would fairly appeal to the reasonable discretion of the legislature as to the necessity for a prior hearing, and in that case its decision would not be a subject for review by the courts. As the owner of the food or its custodian is amply protected against the party seizing the food, who must in a subsequent action against him show as a fact that it was within the statute, we think that due process of law is not denied the owner or custodian by the destruction of the food alleged to be unwholesome and unfit for human food without a preliminary hearing. The cases cited by the complainant do not run counter to those we have above referred to."
New Orleans v. Dukes, 427 US 297 (1976) (Per Curiam Court)
"When local economic regulation is challenged solely as violating the Equal Protection Clause, this Court consistently defers to legislative determinations as to the desirability of particular statutory discriminations. See, e. g., Lehnhausen v. Lake Shore Auto Parts Co., 410 U. S. 356 (1973). Unless a classification trammels fundamental personal rights or is drawn upon inherently suspect distinctions such as race, religion, or alienage, our decisions presume the constitutionality of the statutory discriminations and require only that the classification challenged be rationally related to a legitimate state interest. States are accorded wide latitude in the regulation of their local economies under their police powers, and rational distinctions may be made with substantially less than mathematical exactitude. Legislatures may implement their program step by step, Katzenbach v. Morgan, 384 U. S. 641 (1966), in such economic areas, adopting regulations that only partially ameliorate a perceived evil and deferring complete elimination of the evil to future regulations."
Dickerson v. United States, 530 US 428 (2000) (William Rehnquist)
"Whether or not we would agree with Miranda `s reasoning and its resulting rule, were we addressing the issue in the first instance, the principles of stare decisis weigh heavily against overruling it now. See, e. g., Rhode Island v. Innis, 446 U. S. 291, 304 (1980) (Burger, C. J., concurring in judgment) ("The meaning of Miranda has become reasonably clear and law enforcement practices have adjusted to its strictures; I would neither overrule Miranda, disparage it, nor extend it at this late date"). While "`stare decisis is not an inexorable command,' " State Oil Co. v. Khan, 522 U. S. 3, 20 (1997) (quoting Payne v. Tennessee, 501 U. S. 808, 828 (1991)), particularly when we are interpreting the Constitution, Agostini v. Felton, 521 U. S. 203, 235 (1997), "even in constitutional cases, the doctrine carries such persuasive force that we have always required a departure from precedent to be supported by some `special justification.' " United States v. International Business Machines Corp., 517 U. S. 843, 856 (1996) (quoting Payne, supra, at 842 (Souter, J., concurring), in turn quoting Arizona v. Rumsey, 467 U. S. 203, 212 (1984))."
State Farm Mut. Automobile Ins. Co. v. Campbell, 538 US 408 (1996) (Anthony Kennedy)
"While States possess discretion over the imposition of punitive damages, it is well established that there are procedural and substantive constitutional limitations on these awards. Cooper Industries, supra; Gore, supra, at 559; Honda Motor Co. v. Oberg, 512 U. S. 415 (1994); TXO Production Corp. v. Alliance Resources Corp., 509 U. S. 443 (1993); Haslip, supra. The Due Process Clause of the Fourteenth Amendment prohibits the imposition of grossly excessive or arbitrary punishments on a tortfeasor. Cooper Industries, supra, at 433; Gore, 517 U. S., at 562; see also id., at 587 (BREYER, J., concurring) ("This constitutional concern, itself 417*417 harkening back to the Magna Carta, arises out of the basic unfairness of depriving citizens of life, liberty, or property, through the application, not of law and legal processes, but of arbitrary coercion"). The reason is that "[e]lementary notions of fairness enshrined in our constitutional jurisprudence dictate that a person receive fair notice not only of the conduct that will subject him to punishment, but also of the severity of the penalty that a State may impose." Id., at 574; Cooper Industries, supra, at 433 ("Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process Clause of the Fourteenth Amendment to the Federal Constitution imposes substantive limits on that discretion"). To the extent an award is grossly excessive, it furthers no legitimate purpose and constitutes an arbitrary deprivation of property. ... Our jurisprudence and the principles it has now established demonstrate, however, that, in practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process."
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 US 302 (John Paul Stevens)
"With respect to these theories, the ultimate constitutional question is whether the concepts of "fairness and justice" that underlie the Takings Clause will be better served by one of these categorical rules or by a Penn Central inquiry into all of the relevant circumstances in particular cases. ... We shall first explain why our cases do not support their proposed categorical rule—indeed, fairly read, they implicitly reject it. Next, we shall explain why the Armstrong principle requires rejection of that rule as well as the less extreme position advanced by petitioners at oral argument. In our view the answer to the abstract question whether a temporary moratorium effects a taking is neither "yes, always" nor "no, never"; the answer depends upon the particular circumstances of the case.[16] Resisting "[t]he temptation to adopt what amount to per se rules in either direction," Palazzolo v. Rhode Island, 533 U. S. 606, 636 (2001) (O'Connor, J., concurring), we conclude that the circumstances in this case are best analyzed within the Penn Central framework. ... In rejecting petitioners' per se rule, we do not hold that the temporary nature of a land-use restriction precludes finding that it effects a taking; we simply recognize that it should not be given exclusive significance one way or the other."
Meyer v. Nebraska, 262 US 390 (1923) (James McReynolds)
"Without doubt, it denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of [her or] his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free [women and] men."
Klarman, Brown and Lawrence (and Goodridge), 104 Mich. L. Rev. 431 (2005)
"Yet just as Brown led inexorably, albeit gradually, to a presumptive judicial ban on all racial classifications, so is Lawrence likely to lead eventually to a presumptive judicial ban on all classifications based on sexual orientation. Whereas Kennedy and O'Connor insist that Lawrence has no necessary implications for same-sex marriage, Justice Scalia's dissent rightly observes that they offer no basis-other than what he calls a "bald, unreasoned disclaimer"-for distinguishing that issue. Lawrence denies that "moral disapproval" of homosexuality is a legitimate state interest. It is difficult, however, to identify a state interest other than moral disapproval that would convincingly justify banning same-sex marriage."
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% Once the three-year case period is complete, the market size will be this item
$13 Million
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is the sales amount the firm would need to obtain 5% of the market based on Company A's sales
$32 Million
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% Once the three-year case period is complete, the total industry profit will be this item
$650000
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is the approximate size of the market
$666 Million
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This equation can be used to calculate the additional revenues for each flight on a daily basis
(Plane Number x Hours of Operation / Flights Per Day)
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This equation can be used to calculate the additional revenues for each flight on a yearly basis
(Plane Number x Hours of Operation / Flights Per Day) x (365)
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% This equation can be used to find the market share percentage needed to claim $200000 in net profits
(market size after 3 years x industry net profit margin)/3
Americano
1 1/2 fl. oz. Campari 1 fl. oz. sweet red vermouth Ice cubes Splash of soda water Twists of orange and lemon, to serve
Caipirinha
1 lime cut into wedges 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Cachaca
Orange Caipirinha
1 quarter of a thin skinned orange or half a mandarin cut into wedges 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Cachaca
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. If you wanted to calculate the sales amount the firm would need to obtain 5% of the market based on Company A's sales, you could use this equation
1. Company A Sales = .6x 2. Solve for x 3. (x) x (0.5) = y 4. Solve for y
B-52
1/2 fl. oz. Kahlúa 1/2 fl. oz. Bailey's Irish Cream liqueur 1/2 fl. oz. Grand Marnier
Rum Apple Sour
1/2 fl. oz. light Jamaican rum 1/2 fl. oz. sour apple liqueur 3/4 fl. oz. freshly squeezed lime juice 1 tsp. superfine sugar or sugar syrup 2 teaspoons of Triple Sec or Orange Curacao Ice cubes Slice of lime and maraschino cherries, to decorate
Lemon Rum Sour
1/2 fl. oz. light Jamaican rum 3/4 fl. oz. freshly squeezed lemon juice 1 tsp. superfine sugar or sugar syrup Ice cubes Slice of orange and maraschino cherries, to decorate
Rum Sour
1/2 fl. oz. light Jamaican rum 3/4 fl. oz. freshly squeezed lime juice 1 tsp. superfine sugar or sugar syrup Ice cubes Slice of lime and maraschino cherries, to decorate
Rum Sour Float
1/2 fl. oz. light Jamaican rum 3/4 fl. oz. freshly squeezed lime juice 1 tsp. superfine sugar or sugar syrup Ice cubes Stir the lime juice and sugar together until the sugar dissolves. Pour the result into a tumbler 3/4th filled with ice and float rum at the top Slice of lime and maraschino cherries, to decorate
In The Pink Pisco
2 fl. oz. Pisco 1 tbsp. grenadine 2 fl. oz. freshly squeezed lime juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg
Pisco Sour
2 fl. oz. Pisco 1 tbsp. sugar syrup 2 fl. oz. freshly squeezed lime juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg
Pisco Fizz
2 fl. oz. Pisco 1 tbsp. sugar syrup 2 fl. oz. freshly squeezed lime juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg Strain the drink into a highball glass and top off with soda water
Pisco Not-So-Sour
2 fl. oz. Pisco 1 tbsp. sugar syrup 2 fl. oz. freshly squeezed orange/mandarin juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg
Piscola
2 fl. oz. Pisco (pour this into a tumbler half filled with ice) 1 tbsp. sugar syrup 2 fl. oz. freshly squeezed lime juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg Top off with cola and add a twist of lemon. Serve with a straw
Ginger Pisco
2 fl. oz. Pisco (pour this into a tumbler half filled with ice) 1 tbsp. sugar syrup 2 fl. oz. freshly squeezed lime juice About 1 tsp. egg white Dash of Angostura bitters Ice cubes Pinch of freshly grated nutmeg Top off with ginger ale and add a twist of lime. Serve with a straw
Sour Whiskey Frizz
2 fl. oz. bourbon Juice of 1/2 lemon 1 tsp. sugar syrup Ice cubes Add half a lightly beaten egg white to the shaker Lemon and lime zest, to serve
Whiskey Sour
2 fl. oz. bourbon Juice of 1/2 lemon 1 tsp. sugar syrup Ice cubes Lemon and lime zest, to serve
Whiskey Cola sour
2 fl. oz. bourbon Juice of 1/2 lemon 1 tsp. sugar syrup Ice cubes Strain the drink into a highball glass and top off with cola Lemon and lime zest, to serve
Whiskey Ginger Sour
2 fl. oz. bourbon Juice of 1/2 lemon 1 tsp. sugar syrup Ice cubes Strain the drink into a highball glass and top off with ginger ale Lemon and lime zest, to serve
Brandy Sour
2 fl. oz. brandy Juice of 1/2 lemon 1 tsp. sugar syrup Ice cubes Maraschino cherry and orange slice, to serve
Vodka Lime Shooter
2 fl. oz. vodka Juice of 1 lime 1 tbsp. orange juice 1 tbsp. light cream Ice cubes Lime wedge, to serve
Berry Sour
2 fl. oz. vodka Juice of 1/2 lemon 1 tsp. sugar syrup Crème de Cassis Ice cubes Strain the drink into a highball glass and top off with cranberry juice Lemon and lime zest, to serve
Minty Lime Shooter
2 fl. oz. white rum Juice of 1 lime 1 tbsp. green Crème de Menthe 1 tbsp. light cream Ice cubes Lime wedge, to serve
Lime Shooter
2 fl. oz. white rum Juice of 1 lime 1 tbsp. orange juice 1 tbsp. light cream Ice cubes Lime wedge, to serve
Caipirquila
2 passion fruit wedges 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Tequila
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million The profit margin for the firm is close to this item
20%
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one reason why Speaker 2 might conclude that the firm cannot get 5% of the market in units
24 market participants are competing for 20% market share
Amaretto Rum Sour
3/4 fl. oz. light Jamaican rum 3/4 fl. oz. amaretto liqueur 3/4 fl. oz. freshly squeezed lime juice 1 tsp. superfine sugar or sugar syrup Ice cubes Slice of lime, maraschino cherries, and Angostura bitters to decorate
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% Once the three-year case period is complete, Hertz would need this market share percentage to claim $200000 in net profits
33
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible The total US population is approximately 320 million. Assume an average life span of 80 years and an equal age distribution up until the age of 60, with half the density above that age. 50 million customers falls into the target group Assume that at least 1/2 would read a magazine or 25 million. Given the wide range of magazines on the market assume that only 10% of magazine readers would want to read a men's journal This equation can be used to estimate the number of individuals in the market that would read the magazine
50 million x (1/2) = y y x (.1) = answer or 50 million x (1/2) = 25 million 25 million x (.1) = 2.5 million
A company was digging a trench for a new sever line in a street in a high crime neighborhood. During the course of the construction, there had been many thefts of tools and equipment from the construction area. One night, the company's employees neglected to place warning lights around the trench. A delivery truck drove into the trench and broke an axle. While the driver was looking for a telephone to summon a tow truck, thieves broke into the delivery truck and stole $350000 worth of goods. The delivery company sued the company to recover the amount and $1500 in damages to the truck. The company stipulated that it was negligent in failing to place warning lights around the trench and admits liability for damage to the truck but denies liability for the loss of goods. On cross motions for summary judgment, how should the lower court rule? A. Deny both motions because there is evidence to support a finding that the company should have realized that its negligence could create an opportunity for a third party to commit a crime B. Grant the construction company's motion because no one could have foreseen that the failure to place warning lights could have resulted in the good loss C. Grant the construction company's motion because the criminal acts of third persons were a superseding cause of the loss D. Grant the delivery company's motion because but for the construction company's actions, the goods would not have been stolen
A
Deshaun is on trial for the brutal murder of Kevin in the United States District Court for the District of Central California. Deshaun's first witness, Juan, testified that in his opinion Deshaun is a peaceful and non-violent person. The prosecution does not cross examine Juan, who is then excused from further attendance. Which of the following is inadmissible during the prosecution's rebuttal? A. Testimony by Juan's former employer that Juan submitted a series of false expense vouchers two years ago B. Testimony by a police officer that Deshaun has a long standing reputation in the community as having a violent temper C. Testimony by a neighbor that Juan has a long standing reputation in the community as an untruthful person D. Testimony by Deshaun's former cellmate that he overheard Juan offer to provide favorable testimony if Deshaun would pay him $5000
A
Madison, a builder, enters into an enforceable contract with Wiley to construct a home. Jillian, who is married to a judge on the United States District Court for the District of Hawaii, owns and operates an interior design business. Jillian enters into a valid agreement with Wiley to decorate the home. While Jillian is performing her agreement, Wiley files a breach of contract claim against Madison in the United States District Court for the District of Hawaii. Wiley then gives a gift to the judge that is not a part of Jillian's compensation under the agreement. Will it be proper for the judge to accept the gift? A. No, if the gift was incident to Jillian's business and could reasonably be perceived as intended to influence the judge in her performance of her judicial duties B. No, unless the owner gave the same gift to Madison C. Yes, because Wiley does not have a direct business relationship with the judge D. Yes, because a judge can accept gifts from anyone
A
Natalie decided to destroy a dilapidated building she owned to collect the insurance money. She hired Louis to burn down the building. Louis broke into the building and carefully searched it to make sure no one was inside. Louis did not, though, see a homeless woman asleep in an office closet. Louis started a fire. The building was destroyed and the homeless woman sadly died from burns a week later. Two days after the fire, Natalie filed an insurance claim in which she stated that she had no information about the cause of the fire. If Natalie is guilty of felony murder, it is because the woman's death occurred in connection with the felony of: A. Arson B. Fraud C. Conspiracy D. Burglary
A
Paola is traveling at a high rate of speed, loses control of a truck and crashes into Mahon. Mahon files a claim based on negligence in federal court against Paola. Paola asks her lawyer "is there a way to get information from Mahon regarding the case?" The lawyer responds, "yes, we will have an initial conference with Mahon where we will plan the discovery process. The conference has to take place as soon as possible, or at least 14 days before the scheduling conference." Did the lawyer respond correctly to Paola's question? A. No, because the initial conference must take place at least 21 days before a scheduling conference. B. No, because the parties to a lawsuit do not hold an initial conference to plan discovery unless the court directs the parties to do so C. Yes, because the initial conference must take place at least 14 days before the scheduling conference D. Yes, except that initial conference must take place at least 7 days before the scheduling conference
A
Several public high school students asked the superintendent of the public school district whether the minister of a local church could deliver an interdenominational prayer at their graduation in the school auditorium. None of the students or their guests at graduation would be required to pray while the minister delivered the prayer. Would the minister's delivery of the prayer at the public high school graduation be constitutional? A. No, because it would be an establishment of religion B. No, because it would deny attendees who are not members of the minister's denomination the right to freely exercise their religion C. Yes, because none of the students or their guests would be required to pray at the graduation D. Yes, because the idea for the prayer originated with the students and not school officials
A
While walking home one evening, Sophie, an off duty police officer, was accosted by Paige, a stranger of the same ethnicity. Paige had been drinking and mistakenly through Sophie was a woman having an affair with her husband. Intending to frighten Sophie but not harm her, Paige pulled out a knife, screaming obscenities, and told Sophie she was going to kill her. Frightened and reasonably believing that Paige was going to kill her and that using deadly force was her only salvation, Sophie took out her service revolver and shot and killed Paige. Sophie is charged with murder. On the issue of Sophie's self-defense claim, the claim should be: A. Sustained, because Sophie reasonably believed Paige was planning to kill her and that deadly forced was required. B. Sustained, because the killing was in hot blood upon sufficient provocation C. Denied, because Paige did not in fact intend to harm Sophie and Sophie was incorrect in believing that she did D. Denied, because Sophie was not defending her home and had an obligation to retreat or to repel with less than deadly force
A
This logical fallacy refers to failure to acknowledge clear reasons behind an effect
Appeal to Coincidence Fallacy or Appeal to Luck Fallacy
This logical fallacy refers to acceptance of a claim based on the conclusion's convenience
Appeal to Convenience/Appeal to Utility Fallacy
Radin, Evaluating Government Reasons for Changing Property Regimes, 55 Alb. L. Rev. 587 (1992)
A work that analyzes the competing conceptions of government latitude in regulating coastline recreational use in Nollan v. California Coastal Comm'n, 483 US 825 (1987)
Klarman, An Interpretive History of Modern Equal Protection, 90 Mich. L. Rev. 213 (1991)
A work that analyzes the opinions in Railway Express Agency, Inc. v. New York, 336 US 106 (1949) and Williamson v. Lee Optical of Okla., Inc., 348 US 483 (1955)
Arthur Goodhart, Case Law in England and America, in Essays on Jurisprudence and the Common Law (1931)
A work that argues that American conceptions of stare decisis are more fluid than their English counterparts in part because of the practice of citing to cases decided in other states
Edwin Patterson, Jurisprudence: Men and Ideas of the Law (1953)
A work that argues that American conceptions of stare decisis are more fluid than their English counterparts in part because of the practice of citing to cases decided in other states
Karlan, The Boundaries of Liberty After Lawrence v. Texas - Foreward: Loving Lawrence, 102 Mich. L. Rev. 1447 (2004)
A work that argues that Lawrence v. Texas, 539 US 558 (2003) adopts a broad view of the disputed Fourteenth Amendment Due Process Clause liberty interest
Post, The Supreme Court, 2002 Term - Foreward: Fashioning the Legal Constitution: Culture, Courts, and Law, 117 Harv. L. Rev. 4 (2003)
A work that argues that Lawrence v. Texas, 539 US 558 (2003) does not assume a sharp bifurcation between fundamental liberty interests and other liberty interests
Feldman, Divided By God (2005)
A work that argues that Roe v. Wade, 410 US 113 (1973) brought together Caucasian Catholics and Caucasian Protestant Evangelicals, traditional religious opponents, into a coalition that partially aided the elections of Ronald Reagan and George W. Bush
Klarman, Fidelity, Indeterminacy, and the Problem of Constitutional Evil, 65 Fordham L. Rev. 1739 (1997)
A work that argues that Roe v. Wade, 410 US 113 (1973) energized anti-abortion and anti-feminist movements by giving citizens opposed to abortion rights a clear target and reason to speak out
Tribe, Foreword: Toward a Model of Roles in the Due Process of Life and Law, 87 Harv. L. Rev. 1 (1973)
A work that argues that, in Roe v. Wade, 410 US 113 (1973), the Court was choosing among "among alternative allocations of decision-making authority," and determined that "some types of choices ought to remanded, on principle, to private decision-makers unchecked by substantive government control."
Rubenfeld, The Right to Privacy, 102 Harv. L. Rev. 737 (1989)
A work that claims that government enforcement of orthodoxy in private intimate matters is impermissible
Tribe, Abortion: The Clash of Absolutes (1990)
A work that comments on the implications of the lack of medical consensus on the question of when life begins for Roe v. Wade, 410 US 113 (1973)
Austin Sarat, Race, Law, and Culture: Reflections on Brown v. Board of Education (1997)
A work that covers American law in the twentieth century
Bernard Schwartz, The Warren Court: A Retrospective (1996)
A work that covers American law in the twentieth century
Lawrence Friedman, American Law in the Twentieth Century (2002)
A work that covers American law in the twentieth century
Lucas A Poew Jr., The Warren Court and American Politics (2000)
A work that covers American law in the twentieth century
Mary Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000)
A work that covers American law in the twentieth century
Melvin Urofsky, Division and Discord: The Supreme Court under Stone and Vinson
A work that covers American law in the twentieth century
Morton Horwitz, The Warren Court and the Pursuit of Justice (1998)
A work that covers American law in the twentieth century
Richard Kluger, Simple Justice (1976)
A work that covers American law in the twentieth century
Samuel Walker, The Rights Revolution: Rights and Community in Modern America (1998)
A work that covers American law in the twentieth century
Charles Cook, The American Codification Movement: A Study in Antebellum Legal Reform (1981)
A work that covers American legal nonfiction literature and legal thought
Clyde Jacobs, Law Writers and the Courts: The Influence of Thomas M. Cooley, Christopher G. Tiedeman, and John F. Dillon upon American Constitutional Law (1954)
A work that covers American legal nonfiction literature and legal thought
Edward Purcell Jr., Litigation and Inequality: Federal Diversity Jurisdiction in Industrial America, 1870-1958 (1992)
A work that covers American legal nonfiction literature and legal thought
Morton Horowitz, The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy (1992)
A work that covers American legal nonfiction literature and legal thought
Perry Miller, The Legal Mind in America: From Independence to Civil War (1962)
A work that covers American legal nonfiction literature and legal thought
Perry Miller, The Life of the Mind in America: From the Revolution to the Civil War (1965)
A work that covers American legal nonfiction literature and legal thought
Robert Ferguson, Law and Literature in American Culture (1987)
A work that covers American legal nonfiction literature and legal thought
Robert Millar, Civil Procedure of the Trial Court in Historical Perspective (1952)
A work that covers American legal nonfiction literature and legal thought
David Rothman, The Discovery of the Asylum, Social Order, and Disorder in the New Republic (1971)
A work that covers American prisons
Fletcher Green, Constitutional Development in the South Atlantic States, 1776-1860 (1966)
A work that covers American state constitution-making
Willi Adams, The First American Constitutions: Republican Ideology and the Making of the State Constitutions in the Revolutionary Era (1980)
A work that covers American state constitution-making
Radin, The Liberal Conception of Property: Cross Currents in the Jurisprudence of Takings, 88 Colum. L. Rev. 1667 (1988)
A work that covers Justice Stevens' distinction of Pennsylvania Coal Co. v. Mahon, 260 US 393 (1922) in Keystone Bituminous Coal Assn. v. DeBenedictis, 480 US 470 (1987)
Reich, The New Property, 73 Yale L.J. 773 (1964)
A work that covers interests that qualify as property under the Fifth and Fourteenth Amendment's due Process Clauses
R.S. Crane, Critics and Criticism (1952)
A work that covers plot
Arthur Sherbo, English Sentimental Drama (1957)
A work that covers sentimental literature
L. I. Brevdvold, The Natural History of Sensibility (1962)
A work that covers sentimental literature
Eric Partridge, A Dictionary of Slang and Unconventional English (1985)
A work that covers slang
Eric Partridge, Slang, Today and Yesterday (1970)
A work that covers slang
H.L. Mencken, The American Language (1963)
A work that covers slang
Francis Laurent, The Business of a Trial Court: 100 Years of Cases (1959)
A work that covers the docket history of American courts
John Wunder, Inferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853-1889 (1979)
A work that covers the docket history of American courts
Lawrence Friedman and Robert Percival, A Tale of Two Courts: Litigation in Alameda and San Benito Counties, 10 Law & Society Review 267 (1976)
A work that covers the docket history of American courts
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Acquire a scooter company
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This item is one way the firm could enter the high end headphone market
Acquisition
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Advertising
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Airline Parternships
This logical fallacy refers to tendencies to avoid unknown options over ones that are explained, no matter how improbable
Ambiguity Effect Fallacy
This logical fallacy refers to an unclear statement that could have multiple meanings, but is not used multiple times like amphiboly
Ambiguous Assertion Fallacy
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Ancillary Product Sales
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Ancillary Service Sales
Dua Lipa and Silk City, Electricity
And even if I could I wouldn't turn on you And I would stop the world for you, you know I wanna let you know I'll never let this feeling go This love has no ceiling, I cannot deny
Ratt, Round and Round
Another day, some other way We're gonna go, but then we'll see you again I've had enough, we've had enough Cold in vain, she said I knew right from the beginning That you would end up winning I knew right from the start You'd put an arrow through my heart
Gilles, 1718-1719 Painter
Antoine Watteau
Venus Italica, 1819 Sculptor
Antonio Canova
This logical fallacy refers to acceptance of evidence based on a desire for closure
Appeal to Closure Fallacy
When it comes to offers and acceptance and buyer-seller communications regarding the price and quantity of personal property, a Hawaii or California state court may analyze this item to determine if an offer has been made
Are the terms of the communications sufficiently definite to indicate the formation of a contract?x
This logical fallacy occurs when a claimant assumes something is designed because it appears as if it was designed.
Argument by Design Fallacy
This logical fallacy occurs when a claim is rejected without saying why
Argument by Dismissal Fallacy
This logical fallacy occurs when a claimant believes an incorrect claim or adheres to an incorrect belief system that is likely wrong because the claimant does not want to admit that the claim or belief system is incorrect
Argument by Inertia Fallacy
This logical fallacy occurs when a claim is made without the claimant collecting support for the claim
Argument by Laziness/Argument by Uninformed Opinion Fallacy
This logical fallacy occurs when a well-proven claim is not accepted due to stubbornness
Argument by Pigheadedness Fallacy
This logical fallacy occurs when a question is posed to obtain the desired answer
Argument by Rhetorical Question Fallacy
This logical fallacy occurs when a series of claims are made and the opposing advocate selects the weakest claim as the best claim
Argument by Selective Reading Fallacy
This logical fallacy occurs when a claimant asserts that, in the future, evidence will be discovered to justify a conclusion
Argument to the Future Fallacy
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Instead of accepting this introduction without further questioning, Speaker 2 should do this item
Ask about additional objectives
A Hawaii agency in charge of employment hires Julie to develop and implement an employee handbook for all state employees. 3 years after Julie completes the handbook, the state discharges Clarence for violating a handbook provision. Clarence seeks to retain Julie to sue the department for wrongful discharge. Julie recalls that when developing and implementing the handbook, Karen, Hawaii's Attorney General, issued an opinion (for internal use only) that authorized discharges on grounds similar to those that were used against Clarence. Although at that time Julie disagreed in writing with the opinion, she had to incorporate it into the handbook that the employee allegedly violated. Julie thinks that the grounds for her disagreement and her awareness of it could improve Clarence's prospects of getting reinstated by the department or increase her potential for prevailing in a lawsuit against the department. It would be proper for Julie to: A. Reject Clarence as a client but reveal to him her basis for disagreement with Karen B. Reject Clarence as a client and not reveal to him her basis for disagreement with Karen C. Accept Clarence as a client without revealing to him her basis for disagreement with Karen D. Accept Clarence as a client and seek to get him reinstated by revealing the basis for her disagreement with Karen
B
A federal statute prohibits the construction of nuclear energy plants in the US without a license from the Federal Nuclear Plant Siting Commission. The statute provides that the Commission may issue a license authorizing the construction of a proposed nuclear energy plant 30 days after the commission makes a finding that the plant will comply with specified standards of safety, technological and commercial feasibility, and public convenience. In a severable provision, the Commission's enabling statute also provides that Congress by simple majorities in each house, may veto the issuance of a particular license by the Commission if such a veto occurs within 30 days following the required Commission finding. Early last year, the Commission found that Cinnamon Atom Inc. met all the statutory requirements and voted to issue Cinnamon Atom a license authorizing it to construct a nuclear energy plant. Because they believed that the issuance of license to Cinnamon Atom was not in accord with the applicable statutory criteria, a majority of each of the two houses of congress voted, within the specified 30 day period, to veto the license. On the basis of that veto, the Commission refused to issue the license. Subsequently, Cinnamon Atom sued the Commission in the United States District Court for the District of Northern California challenging the Commission's refusal to issue the license. In this suit, the lower court should find the congressional veto to be: A. Invalid, because any determination by Congress that particular agency action does not satisfy statutory criteria violates Article III, § 1 of the US Constitution because it constitutes the performance of a judicial function by the legislative branch B. Invalid, because Article I, § 7 of the US Constitution has been interpreted to mean that any action of Congress purporting to alter the legal rights of persons outside the legislative branch must be presented to the President for her or his signature C. Valid, because Congress has authority under the commerce clause to regulate the construction of nuclear energy plants D. Valid, because there is a compelling national interest in the close congressional supervision of nuclear plant sitting in light of the grave dangers to the public health and safety that are associated with the operation of nuclear plants
B
An inventor from Hawaii holds a patent for a device that increases fuel efficiency in gas fueled combustion engines. A California citizen learns of the inventor's device and begins manufacturing and selling an identical device, marketing it as her or his own invention. The inventor sues in federal court in California. The inventor's complaint sought $500,000 in damages and alleged patent infringement under federal law. The California citizen denied the allegations by filing an answer to the complaint. The day after filing the answer, the California citizen moved to dismiss the action for lack of subject-matter jurisdiction. Should the lower court grant the motion to dismiss? A. No, because the inventor's claim satisfies the amount in controversy requirement. B. No, because the inventor's claim arises under federal law C. Yes, because the inventor's claim does not arise under federal law D. Yes, because although the inventor's claim arises under federal law, the California citizen denied the allegations by filing an answer to the complaint
B
Bushrod hired a lawyer to pursue a tort cause of action against a defendant. Bushrod receives a satisfactory damages award after pretrial medication. Bushrod forwards the lawyer the entire amount due for services rendered by the lawyer up through obtaining the award. Following the final event of their attorney-client relationship, a California state agency contacts the lawyer. The agency requests that the lawyer complete and return a detailed financial disclosure form regarding the mediation award. When the lawyer notifies Bushrod of the agency's request, Bushrod directs the lawyer not to comply with it. California law does not require the lawyer's completion of the form. Will it be proper for the lawyer to complete and return the form to the agency? A. No, unless the lawyer considers her compliance to be in Bushrod's best interests B. No, because Bushrod directed the lawyer not to complete and return the form C. Yes, if the form will not reveal the lawyer's work product D. Yes, because the lawyer's representation of Bushrod ended a while ago
B
Congressional hearings determined that the use of mechanical power hammers is very dangerous to the persons using them and to persons in the vicinity of persons using them. As a result, Congress enacts a statute prohibiting the use of mechanical power hammers on all construction projects in the US. Subsequently, a study conducted by a conservative think tank concluded that nails driven by mechanical power hammers have longer lasting joining power than hand driven nails. After learning about this study, the city council of Honolulu enacted an amendment to its building safety code requiring the use of mechanical power hammers in the construction of all buildings intended for human habitation. This amendment to the city of Honolulu's building safety code is: A. Unconstitutional, because it was enacted after the federal statute B. Unconstitutional, because it conflicts with the provisions of the federal statute C. Constitutional, because the federal statute does not expressly indicate that it supersedes State and Local laws D. Constitutional, because the long term safety of human habitations justifies some additional risk to the people engaged in their construction
B
In a prosecution of Boris for murder, the government seeks to introduce a properly authenticated note written by the victim that reads: 'Boris did it.' In laying the foundation for admitting the note as a dying declaration, the prosecution offered an affidavit from the attending doctor that the victim knew he was about to pass away when she wrote the note. The admissibility of the note as a dying declaration is: A. A preliminary fact question for the judge, and the judge must not consider the affidavit B. A preliminary fact question for the judge, and the judge may properly consider the affidavit C. A question on the weight and credibility for the jury, and the jury must not consider the affidavit D. A question on the weight and credibility for the jury, and the jury may properly consider the affidavit
B
Kelly agrees to represent Samuel in a discrimination action. Kelly files a civil rights complaint against Pork Belly Burnt End Inc. in the United States District Court for the Northern District of California. Before trial, a Republican Congress unfortunately repeals the federal statute upon which the complaint is based. On behalf of Pork Belly, Ava, a lawyer, files a motion alleging that existing law does not warrant the claims in the complaint due to the statute's repeal, which the motion properly documents. In less than 21 days after the motion is filed, Kelly properly amends the complaint to substitute other valid federal civil rights law for the former statute. Existing law governs the case, not the law existing when the complaint was filed. Will Kelly be subject to a litigation sanction? A. No, unless Kelly knew that the repeal of the statute was being debated at the time that the original complaint was filed B. No, because Kelly appropriately amended the complaint within 21 days after filing the motion C. Yes, unless Kelly disclosed the statue's repeal to Samuel before the complaint was filed D. Yes, because Kelly should have premised the original complaint on the other valid federal civil rights law
B
Rose challenged the constitutionality of a Hawaii state law, alleging it violated the Equal Protection Clauses of both the United States Constitution and the Hawaii Constitution. The Hawaii Supreme Court agreed and held the tax law to be invalid. It said: "We hold that this state tax law violates the Equal Protection Clause of the United States Constitution and also the Equal Protection Clause of the Hawaii Constitution because we interpret that provision of the state constitution to contain exactly the same prohibition against discriminatory legislation as is contained in the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution." Hawaii sought review of this decision in the United States Supreme Court, alleging that the Hawaii Supreme Court's determination of the federal constitutional issue was incorrect. How should the United States Supreme Court dispose of the case if it believes that this interpretation of the federal Constitution by the Hawaii Supreme Court raises an important federal question and is incorrect on the merits? A. Reverse the Hawaii Supreme Court decision, because the Equal Protection Clause of a state constitution must be construed by the state in a manner that is congruent with the meaning of the Equal Protection Clause of the federal Constitution B. Reverse the Hawaii Supreme Court decision with respect to the Equal Protection Clause of the federal Constitution and remand the case to the Hawaii Supreme Court for further proceedings, because the state and federal constitutional issues are so intertwined that the federal issue must be decided so that the case be properly disposed C. Refuse to review the decision of the Hawaii Supreme Court because it is based on an AISG D. Refuse to review the decision of the Hawaii Supreme Court because a state government may not seek review of decisions of its own courts in the United States Supreme Court
B
The Death of General Wolfe, 1770 Painter
Benjamin West
A consent defense can preclude a claimant from recovering in an intentional tort action. (Please answer in French)
Bien sur
An individual who is not in present possession of a chattel may be able to bring a trespass to chattels action if she or he has a right to possession immediately or on demand. (Please answer in French)
Bien sur
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. (Please answer in French)
Bien sur
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in French)
Bien sur
For a trespass to chattels claim to succeed, a trespasser's act must result in an interference with an owner's right of possession. (Please answer in French)
Bien sur
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. (Please answer in French)
Bien sur
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in French)
Bien sur
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. (Please answer in French)
Bien sur
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in French)
Bien sur
In some U.S. states, the spousal incompetency evidence privilege extends to civil actions (Please answer in French)
Bien sur
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in French)
Bien sur
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E. (Please answer in French)
Bien sur
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. (Please answer in French)
Bien sur
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in French)
Bien sur
To create a fee simple determinable, the durational language in the granting instrument must be clear and unequivocal. (Please answer in French)
Bien sur
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can present smells to the witness for review. (Please answer in French)
Bien sur
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. (Please answer in French)
Bien sur
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in French)
Bien sur
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in French)
Bien sur
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in French)
Bien sur
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. (Please answer in French)
Bien sur
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in French)
Bien sur
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Bien sur
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. (Please answer in French)
Bien sur que non
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Bien sur
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Bien sur
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in French)
Bien sur
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. Any interest payments that are qualified stated interest are taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in French)
Bien sur
When it comes to trespass to land actions, a trespasser is liable for any bodily harm that the land owner or household members suffer as a result of the trespass. (Please answer in French)
Bien sur
Accident is not a valid defense to a trespass to land action. (Please answer in French)
Bien sur que non
For a trespass to chattels claim to succeed, a claimant need not prove that the trespasser intended to intrude or intermeddle with the chattel. (Please answer in French)
Bien sur que non
If an individual who has a right to future possession raises a trespass to chattels claim, she or he can never recover only to the extent of damage to her or his interests. (Please answer in French)
Bien sur que non
In An Economic Analysis of Law, Posner does not argue that TV videotape recorders can enhance a copyright's value by increasing commercial audience size. (Please answer in French)
Bien sur que non
In Law's Empire (1986), Dworkin does not argue that rules are often applied in a conclusive fashion (i.e. where a rule applies, the case must be decided in accordance with the rule). (Please answer in French)
Bien sur que non
In Law's Empire (1986), Dworkin does not cite Riggs v. Palmer, 115 N.Y. 506 (1889) in support of his claim that there is a single correct answer in every case (Please answer in French)
Bien sur que non
In Law's Empire (1986), Dworkin does not reject the claim that the truth of legal propositions must be based on some moral standard and that the more accurate interpretation of a statute is the one that most accords with some moral perspective. (Please answer in French)
Bien sur que non
In a wills and estates adoption by estoppel claim, a court can never consider the parent's bestowal of love and affection on the child (Please answer in French)
Bien sur que non
It is not the case that anyone in present possession of a chattel can raise a trespass to chattels claim if a trespasser interferes with possession. (Please answer in French)
Bien sur que non
No state has passed a statute shielding defendants from liability for voluntary efforts to rescue a claimant where the rescue attempt is made with due care under certain circumstances. (Please answer in French)
Bien sur que non
Normally, consent is not a defense to an intentional tort claim. (Please answer in French)
Bien sur que non
The spousal incompetency evidence privilege does not extend to events that occur before the relevant marriage took place (Please answer in French)
Bien sur que non
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can not present an item to the witness for review even if the item is presented with intent to cause the witness to recollect the subject about which the witness is needed to testify. (Please answer in French)
Bien sur que non
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can not present sounds to the witness for review. (Please answer in French)
Bien sur que non
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Bien sur que non
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. (Please answer in French)
Bien sur que non
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in French)
Bien sur que non
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in French)
Bien sur que non
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in French)
Bien sur que non
Under the spousal incompetency evidence privilege, an individual can be called to testify against her or his spouse in a criminal prosecution (Please answer in French)
Bien sur que non
When it comes to a fee simple determinable, the possibility of reverter does not automatically vest legal possession of the parcel in the grantor when the conveyance limiting condition is no longer satisfied. (Please answer in French)
Bien sur que non
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. (Please answer in French)
Bien sur que non
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in French)
Bien sur que non
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. (Please answer in French)
Bien sur que non
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in French)
Bien sur que non
When it comes to trespass to land actions, a trespasser is not liable for all the apparent and evident damage to a land owner's real property that was caused by the trespass. (Please answer in French)
Bien sur que non
When it comes to will and estates, a surviving child can never establish adoption by estoppel and prove that she or he can inherit from the decedent as if she or he was a legally adopted child. (Please answer in French)
Bien sur que non
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry major players
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry participant market shares
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry participant product differences
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry revenue forecasts
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry revenue trends over the last 3 years
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Buy Market Research
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Bottled water industry revenues last year
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Brand
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Brand
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder.
Burglary
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Business Consumers
Thompson Twins, Love On Your Side
But I was taught that boys need girls and girls need boys You say that's not true You'd rather fool around than be alone with me Well, that's alright for you Cause you got love, love Love on your side
A buyer into a written contract to purchase 1000 sets of specially manufactured ball bearings from a seller at a price of $10 per set. The seller calculated that it would cost $8 to make each set. Delivery was set for 60 days later. 55 days later, though, after the seller had completed the 1000 sets, the buyer abandoned the project and repudiated the contract. After notifying the buyer of her intention to resell, the seller sold the 1000 sets to a salvage company for $2 per set. The seller then sued the buyer for damages. What damages should the lower court have awarded the seller? A. $2 per set, representing the difference between the cost of production and the price the buyer agreed to pay B. $6 per set, representing the difference between the manufacturing cost and the salvage price. C. $8 per set, representing the lost profits plus the unrecovered production cost D. Nominal damages, as the seller failed to resell the goods by public auction
C
A lawyer has an active law practice. Many clients neither fully nor timely pay the lawyer's bills. The lawyer cannot, though, withdraw from representing many of the clients because of their relationship's advanced stage. Consequently, the lawyer adds a clause to her standard representation agreement as a proactive measure to prevent the problem in the future. Under the provision, any new clients would need to execute the agreement before the lawyer could begin working for them. The clause provides that the lawyer may withdraw from representing the client based on the client's non-payment and/or late payment of bills, provided that the lawyer provides reasonable warning that she will withdraw unless the obligation is fulfilled. The clause permits the client's time to consult with a different lawyer about the agreement before executing it. The clause also provides that the lawyer will invoke the clause if the client fails to pay her. Assuming the lawyer does not represent clients in a capacity in which the approval of a judge would be required for withdrawal of legal representation, would it be proper for the lawyer to invoke the clause for withdrawal if a new client does not pay her bills? A. No, because withdrawal is never warranted simply because a client fails to pay attorney bills B. No, because the clause does not allow the client time to consult with a different lawyer about the agreement before executing it C. Yes, because the clause gives the client notice that the lawyer will invoke the clause if she does not receive payment D. Yes, because the clients expressly agree to the withdrawal by executing the agreement
C
After waiting until all the customers had left, Briella entered a small grocery store just before closing time. She went up to the lone clerk in the store and said, "hand over all the money in the cash register or you will get hurt." The clerk fainted and struck her head on the edge of the counter. As Briella went behind the counter to open the cash register, two customers entered the store. Briella ran out before she was able to open the registrar drawer. On this evidence, Briella could be convicted of: A. Robbery B. Assault and robbery C. Attempted robbery D. Assault and attempted robbery
C
At a defendant's trial for a gang related murder, the prosecution introduced, as former testimony, a statement by a gang member who testified against the defendant at a preliminary hearing and has now invoked the privilege against self-incrimination If the defendant now seeks to impeach the credibility of the gang member, which of the following is the lower court most likely to admit? A. Evidence that the gang member had three misdemeanor convictions for assault. B. Testimony by a doctor that persons with the gang member's background have a tendency to fabricate. C. Testimony by a witness that at the time the gang member testified, he was challenging the defendant's leadership role in the gang. D. Testimony by a witness that the gang member is a cocaine dealer
C
Austin files a verified complaint that meets all the requirements for seeking a temporary restraining order. Austin alleges that the TRO is necessary to prevent Baby Back Ribs Inc. from causing immediate irreparable injury to Austin's house due to a construction project that has been ongoing near Austin's property. After reviewing the complaint and the allegations contained in it, the United States District Court for the District of Northern California issues a TRO against Baby Back for it to cease, for three days, the conduct that will allegedly cause irreparable harm. However, NDCa does so without holding a hearing and without Baby Back's presence Was it proper for the lower court to issue the TRO? A. No, because the court did not hold a hearing B. No, because the court did not first give Baby Back an opportunity to respond to the complaint in writing C. Yes, because the court found the TRO was necessary to prevent immediate irreparable injury D. Yes, because a TRO is temporary in nature, and therefore is not an extraordinary remedy
C
Ava and John execute a representation agreement regarding Ava's handling of John's divorce action against Lela. John agrees that if he is awarded alimony and child custody, he will transfer title to certain real property to Ava. The case advances to trial. John receives alimony and child custody by judicial order. John transfers title to the real property to Ava. Does the execution of the representation agreement subject Ava to discipline? A. No, because John received alimony and child custody B. No, because Ava and John voluntarily executed the representation agreement C. Yes, because Ava entered into a contingency fee agreement D. Yes, because John's real property was improperly subject to Ava's proprietary interest
C
California has the following decision law on questions of principal and accomplice liability: Case A: Defendant, Olivia, a hardware store owner, sold several customers an item known as SuperTrucker, which detects police radar and enables speeders to avoid detection. When one of the devices broke down and, Brett, a speeder, was arrested. Brett confessed that he often sped, secure in the knowledge that his SuperTrucker would warn him of police radar in the vicinity. Held: Defendant guilty as an accomplice to speeding. Case B: Ashley told Neil that she had stored some stereo equipment in a self-storage locker. She gave him a key and asked him to pick up the equipment and deliver it to her house. Neil complied, and removed the equipment from the locker, using the key. In fact, the equipment belonged to Ashley's neighbor, whose locker key Ashley had found in the driveway. Held: Defendant guilty as an accomplice to burglary Case C: Kennedy, a city council member, accepted a bribe from defendant, David, in exchange for his vote on David's application for a zoning ordinance. A statute prohibits the taking of bribes by public officials. Held: Defendant not guilty as an accomplice to Kennedy's violation of the bribery statute Case D: Defendant, Destiny, an innkeeper, sometime let her rooms to streetwalkers, whom she knew to be using the rooms to ply their trade. She charged the streetwalkers the same price as other guests at her inn. Held: Defendant not guilty as an accomplice to prostitution William, a college student, purchased narcotics from Carmen, whom he believed to be a street person but who was in fact an undercover police agent. William has been charged as an accomplice to the sale of narcotics. A. He should be convicted on the authority of Case A B. Convicted, on the authority of Case B C. Acquitted, on the authority of Case C D. Acquitted, on the authority of Case D
C
Gemma from Hawaii travels from Hawaii to California to enter into a contract with Anthony, an electrician, from California. The contract covered the installation of new wiring in Gemma's garage in Hawaii. The contract was silent as to which state's law would govern. Gemma was dissatisfied with the provided work and refused to pay Anthony. Anthony filed a federal diversity action in California alleging breach of contract and seeking $150000 in damages. The California Supreme Court has held in contract cases, the law of the state in which the work was performed will govern. The Hawaii Supreme Court, on the other hand, applies the law of the state where the contract was made. In deciding the case, the lower federal court should apply: A. The law of California because the court sits in California B. The law of California because Anthony lives in California C. The law of Hawaii because the work was performed in Hawaii D. The law of Hawaii because the contract was made in California
C
On August 1, Geriatrics Inc., operating a lifetime care home for seasoned patients, admitted Herbert, who was 84 years old, for a trial period of 2 months. On September 25, Herbert and Geriatrics entered into a lifetime care written contract with an effective commencement date of October 1. The full contract price was for $20000, which, as required by the terms of the contract, Herbert prepaid to Geriatrics on September 25. Herbert passed away on October 2. In a restitution action, can the administratrix of Herbert's estate, a surviving sister, recover on behalf of the estate either all or part of the $20000 paid to the firm on September 25? A. Yes, Because the firm would otherwise be unjustly enriched at Herbert's expense B. Yes, under the doctrine of frustration of purpose C. No, because Herbert's life span and the duration of the firm's commitment to him was a risk assumed by the parties D. No, but only if the firm can show that between September 25 and Herbert's passing it rejected, because of its commitment to Herbert, an application for lifetime care from another customer
C
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Capabilities
Eddie Floyd, Knock On Wood
Cause your love, is better Than any love I know It's like thunder, lightning The way you love me is frightenin'
A chattel owner may be able to raise a trespass to chattels claim if an individual damages the owner's chattel. (Please answer in Portuguese)
Certamente
A chattel owner may be able to raise a trespass to chattels claim if an individual impermissibly moves an owner's chattel between different locations. (Please answer in Portuguese)
Certamente
A trespass to chattels claim occurs when a trespasser intentionally interferes with an owner's chattel. (Please answer in Portuguese)
Certamente
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. (Please answer in Portuguese)
Certamente
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Portuguese)
Certamente
Generally, individuals who improperly exercise control over an owner's goods accept the risk that their conduct may amount to conversion. (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that judges have discretion in a weak sense (i.e. judges do not act in a mechanical fashion and exercise a degree of judgment in the interests of justice and fairness) (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that judges have no judicial discretion in hard cases. (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that judges must search through the moral fabric of society to find the single correct answer to a case (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that natural law theorists are wrong to assert that it is impossible to distinguish between the validity of a law and its injustice. (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that principles apply and operate differently than rules. (Please answer in Portuguese)
Certamente
In Law's Empire (1986), Dworkin argues that standards such as policies and principles make up the moral fabric of society and protect certain societal interests that are regarded as valuable. (Please answer in Portuguese)
Certamente
In The Morality of Law (1964), one of Fuller's principles of procedural morality in legislation is that rules cannot constantly change (Please answer in Portuguese)
Certamente
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. (Please answer in Portuguese)
Certamente
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E. (Please answer in Portuguese)
Certamente
Nominal damages are available for trespass to land actions. (Please answer in Portuguese)
Certamente
Normally, a tortfeasor's return of goods to their owner with the owner's consent after conversion occurs will not preclude the owner from bringing a conversion action. (Please answer in Portuguese)
Certamente
To create a fee simple determinable, a grantor must use durational language (ex. to the Grantee and her heirs for as long as a conveyed parcel of real property is used for a public park.) (Please answer in Portuguese)
Certamente
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can present an item to the witness for review. (Please answer in Portuguese)
Certamente
Under Federal Rule of Evidence 612, if a testifying witness cannot clearly remember something or cannot recall an event about which the witness is questioned, counsel can present tangible objects to the witness for review. (Please answer in Portuguese)
Certamente
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. (Please answer in Portuguese)
Certamente
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Portuguese)
Certamente
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Certamente
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Portuguese)
Certamente
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Certamente
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Portuguese)
Certamente
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Portuguese)
Certamente
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Portuguese)
Certamente
When a court is examining intent to create an express trust, a settlor can create an express trust even if she or he does not know what an express trust is (Please answer in Portuguese)
Certamente
When a court is examining intent to create an express trust, the use of specific words or phrases is not required to create a trust. (Please answer in Portuguese)
Certamente
When it comes to a fee simple determinable, once the specified condition in the conveyance occurs, the interest automatically reverts back to the grantor or the grantor's heirs. (Please answer in Portuguese)
Certamente
When it comes to conflict of laws and choice of law in real property cases, state courts to occasionally characterize real property suits as contract cases and apply the law of the jurisdiction where the contract was made (Please answer in Portuguese)
Certamente
When it comes to conflict of laws, traditionally, all issues affecting title to land were determined by applying the law of the jurisdiction where the land was located (Please answer in Portuguese)
Certamente
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. (Please answer in Portuguese)
Certamente
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Any interest payments that are qualified stated interest are taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in Portuguese)
Certamente
When it comes to the intent element for a trespass to land claim, the transferred intent doctrine applies. (Please answer in Portuguese)
Certamente
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention.
Changing Prices
Constitutional Doctrine, 107 Harv. L. Rev. 1140 (1994) Author
Charles Fried
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. If you wanted to calculate the market size, you could use this equation
Company A Sales = .6x Solve for x
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Company distribution channels
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Competitor Operations Sampling
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Company experience with electronics
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Company profits over the last three years
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Company revenues over the last three years
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Company size
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Competitive Research
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Competitor Operations Extrapolation
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Competitor Operations Observations
Assertion of Executive Privilege in Response to Congressional Demands for law Enforcement Files, 43 Op. Att'y Gen. 374 (November 30, 1982) (Attorney General Smith Opinion Conclusion)
Concluding that Article II provided the Executive with authority to assert executive privilege sensitive open law enforcement investigation files requested by the House Subcommittee on Oversight and Investigations division of the Energy and Commerce Committee
Perry v. Brown, 671 F. 3d 1052 (9th Cir. 2012) (Judge Reinhardt Opinion Conclusion)
Concluding that California Proposition 8 violated the Fourteenth Amendment's Equal Protection Clause
State v. Hayes, 333 So. 2d 51 (Fla. Dist. Ct. App. 1976) (Chief Judge Walden Opinion Conclusion)
Concluding that Florida Circuit Courts are bound by District Court of Appeal decisions and, that the lower court should have granted appellee's amended dismissal motion
Chapman v. Pinellas County, 423 So. 2d 578 (Fla. Dist. Ct. App. 1982) (Judge Scheb Opinion Conclusion)
Concluding that Florida Circuit Courts are bound by District Court of Appeal decisions and, that the lower court should not have granted appellee's summary judgment
Dickerson v. United States, 530 US 428 (2000) (Chief Justice Rehnquist Opinion Conclusion)
Concluding that Miranda v. Arizona, 384 US 436 (1966) governs the admissibility of statements made during custodial interrogation in both state and federal courts
Turner v. Safley, 482 US 78 (1987) (Justice O'Connor Opinion Conclusion)
Concluding that Missouri prison regulations conditioning prisoner marriages on superintendent approval violated the Fourteenth Amendment's Due Process Clause
State Farm Mut. Automobile Ins. Co. v. Campbell, 538 US 408 (1996) (Justice Kennedy Opinion Conclusion)
Concluding that a $145,000,000 punitive damages award provided by a Utah jury violated the Fourteenth Amendment's Due Process Clause
BMW of North America, Inc. v. Gore, 517 US 559 (1996) (Justice Stevens Opinion Conclusion)
Concluding that a $2,000,000 punitive damages award provided by an Alabama jury violated the Fourteenth Amendment's Due Process Clause
Exxon Shipping Co. v. Baker, 554 US 471 (2008) (Justice Souter Opinion Conclusion)
Concluding that a $2.5 billion punitive damages award provided by a federal jury was excessive as a matter of federal maritime common law
Fletcher v. Peck, 10 US 87 (1810) (Chief Justice Marshall Opinion Conclusion)
Concluding that a 1796 Georgia land grant rescission statute violated the Contracts Clause
Sturges v. Crowninshield, 17 US 122 (1819) (Chief Justice Marshall Opinion Conclusion)
Concluding that a 1811 New York insolvency statute retroactively discharging debtors of their obligations upon property surrender violated the Contracts Clause
Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819) (Chief Justice Marshall Opinion Conclusion)
Concluding that a 1816 New Hampshire higher education statute violated the Contracts Clause
WB Worthen Co. v. Thomas, 292 US 426 (1934) (Chief Justice Hughes Opinion Conclusion)
Concluding that a 1933 Arkansas life insurance policy payment garnishment statute violated the Contracts Clause
Morey v. Doud, 354 US 457 (1957) (Justice Burton Opinion Conclusion)
Concluding that a 1955 Illinois financial regulatory statute violated the Fourteenth Amendment's Equal Protection Clause
United States Trust Co. of NY v. New Jersey, 431 US 1 (1977) (Justice Blackmun Opinion Conclusion)
Concluding that a 1974 state rail passenger transportation subsidy statute violated the Contracts Clause
Adkins v. Children's Hospital of DC, 261 US 525 (1923) (Justice Sutherland Opinion Conclusion)
Concluding that a District of Columbia minimum wage statute violated the Fifth Amendment's Due Process Clause
Doe v. Bolton, 410 US 179 (1973) (Justice Blackmun Opinion Conclusion)
Concluding that a Georgia statute requiring abortions to be performed in an accredited hospital with the approval of hospital staff, an attending doctor, and two other doctors violated the Fourteenth Amendment's Due Process Clause
Recommendation That the Department of Justice Not Defend the Constitutionality of Certain Provisions of the Bankruptcy Amendments and Federal Judgeship Act of 1984, 8 Op. O.L.C. 183 (August 27, 1984) (Assistant Attorney General Olson Opinion Conclusion)
Concluding that the Department of Justice should not defend the Grandfather Provisions of the 1984 Bankruptcy Amendments and Federal Judgeship Act
Use of the Pocket Veto During Intersession Adjournments of Congress, 7 Op. O.L.C. 187 (December 19, 1983) (Assistant Attorney General Olson Opinion Conclusion)
Concluding that the Executive should use a pocket veto for pending legislation presented during an intersession congressional adjournment that began on November 18, 1983
Arnett v. Kennedy, 416 US 134 (1974) (Justice Rehnquist Opinion Conclusion)
Concluding that the Fifth Amendment's Due Process Clause did not require petitioner to provide respondent, a non-probationary federal civil service employee, with a hearing before dismissal
Mathews v. Eldridge, 424 US 319 (1976) (Justice Powell Opinion Conclusion)
Concluding that the Fifth Amendment's Due Process Clause did not require petitioner to provide respondent with an evidentiary hearing before terminating Social Security disability benefit payments.
Board of Regents of State Colleges v. Roth, 408 US 564 (1972) (Justice Stewart Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause did not require petitioner to provide respondent, a non-tenured college teacher, with a hearing before declining contract renewal
Bishop v. Wood, 426 US 341 (1976) (Justice Stevens Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause did not require respondent to provide petitioner, a police officer, with a non-retention grounds hearing before dismissal
Cruzan v. Director, Mo. Dept. of Health, 497 US 261 (1990) (Chief Justice Rehnquist Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause did not require respondent to discontinue petitioner's life sustaining nutrition and hydration.
Ingraham v. Wright, 430 US 651 (1977) (Justice Powell Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause did not require respondent to provide petitioner, a middle school student, with an ex ante hearing before using corporal punishment
Philip Morris USA v. Williams, 549 US 346 (2007) (Justice Breyer Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause prohibits states from using punitive damage awards to punish a defendant for injuries to non-parties and vacating a $79,500,000 punitive damages award provided by an Oregon jury
Perry v. Sindermann, 408 US 593 (1972) (Justice Stewart Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause required petitioner to provide respondent, a non-tenured college teacher, with a hearing on non-retention grounds.
Goldberg v. Kelly, 397 US 254 (1970) (Justice Brennan Opinion Conclusion)
Concluding that the Fourteenth Amendment's Due Process Clause requires states to provide welfare recipients an evidentiary hearing before benefit termination
Ayotte v. Planned Parenthood of Northern New Eng., 546 US 320 (2006) (Justice O'Connor Opinion Conclusion)
Concluding that the United States Court of Appeals for the First Circuit erred in affirming the lower court's facial invalidation of New Hampshire's 2003 Parental Notification Prior to Abortion Act
Bellotti v. Baird, 428 US 132 (1976) (Bellotti I) (Justice Blackmun Opinion Conclusion)
Concluding that the United States District Court for the District of Massachusetts erred in failing to certify questions related to a 1974 abortion statute to the Supreme Judicial Court of Massachusetts
Cleveland Bd. of Ed. v. Loudermill, 470 US 532 (1985) (Justice White Opinion Conclusion)
Concluding that the United States District Court for the Northern District of Ohio erred in dismissing respondent's Fourteenth Amendment's Due Process claim under Federal Rule Civil Procedure 12(b)(6)
Bottoms v. Bottoms, 457 SE 2d 102 (1995) (Justice Compton Opinion conclusion)
Concluding that the Virginia Court of Appeals erred in awarding child custody to a lesbian mother
Atkins v. Virginia, 536 US 304 (2002) (Justice Stevens Opinion Conclusion)
Concluding that the death penalty's imposition on mentally disabled criminals violated the Eighth Amendment's Cruel and Unusual Punishment Clause
Kohl v. United States, 91 US 367 (1876) (Justice Strong Opinion Conclusion)
Concluding that the federal government can exercise eminent domain powers to take property
Moore v. Barnhart, 405 F. 3d 1208, 1211 (11th Cir. 2005) (Per Curiam Opinion Conclusion)
Concluding that the lower ALJ erred in denying appellant's application for Social Security Disability Insurance Benefit and Supplemental Security Income
US v. Sauseda, 596 F. 3d 279 (5th Cir. 2010) (Per Curiam Opinion Conclusion)
Concluding that the lower court erred in applying the toxic-emission enhancement when sentencing appellee
US v. Master, 614 F. 3d 236 (6th Cir. 2010) (Judge Clay Opinion Conclusion)
Concluding that the lower court erred in denying appellee's criminal evidence suppression motion
H & P-IDC v. Bolivarian Republic of Venezuela, 784 F. 3d 804 (D.C. Cir. 2015) (Judge Tatel Opinion Conclusion)
Concluding that the lower court erred in denying appellee's motion for FISA foreign state immunity from a breach of contract action and granting appellee's motion for FISA foreign state immunity from an international law takings claim
People v. Foote, 432 NE 2d 1254 (Ill. App. Ct. 1982)
Concluding that the lower court erred in granting appellee's pretrial motions to suppress 18 films and quash search warrants for supposedly obscene materials.
The President's Compliance with the Timely Notification Requirement of Section 501(B) of the National Security Act, 10 Op. O.L.C. 159 (December 17, 1986) (Assistant Attorney General Cooper Opinion Conclusion)
Concluding that § 501(B) of the National Security Act requires the Executive to report to foreign intelligence operation information to Congress only after the success of a pending operation will not be jeopardized by the report
Constitutionality of Statute Requiring Executive Agency to Report Directly to Congress, 6 Op. O.L.C. 632 (November 5, 1982) (Assistant Attorney General Olson Opinion Conclusion)
Concluding that § 506(f) of the 1982 Tax Equity and Fiscal Reasonability Act was constitutional only if interpreted to permit that Transportation Secretary and Executive to review FAA Administrator reports before congressional submission
Youngberg v. Romeo, 457 US 307 (1982) (Justice Powell Opinion Conclusion)
Concluding that, for involuntarily-committed mentally disabled individuals, the Fourteenth Amendment's Due Process Clause protects liberty interests in safety, freedom of movement, and minimally adequate or reasonable training to ensure safety and freedom from undue restraint
Castle Rock v. Gonzales, 545 US 748 (2005) (Justice Scalia Opinion Conclusion)
Concluding that, for respondent, the Fourteenth Amendment's Due Process Clause did not protect a property interest in police enforcement of a restraining order where the police had probable cause to believe that the restraining order had been violated
US v. Sykes, 598 F. 3d 334 (7th Cir. 2010) (Judge Bauer Opinion Conclusion)
Concluding that, under 18 U.S.C. § 924(e)(2)(B)(ii), the lower court properly enhanced appellee's firearm possession sentence
US v. Goff, 314 F. 3d 1248 (10th Cir. 2003) (Judge McKay Opinion Conclusion)
Concluding that, under U.S.S.G. § 2K2.1(b)(4), the lower court properly applied a two-level enhancement while sentencing appellee for a firearm theft conviction.
Sony Corp. of America v. Universal City Studios, Inc., 464 US 417 (1984) (Justice Stevens Opinion Conclusion)
Concluding that, under the Copyright Act, petitioner's sale of videotape recorders to the general public did not constitute contributory infringement of respondents' copyrights
First Lutheran Church v. Los Angeles County, 482 US 304 (1987) (Chief Justice Rehnquist Opinion Conclusion)
Concluding that, under the Fifth Amendment's Takings Clause and the Fourteenth Amendment's Due Process Clause, where the government has taken property by a land use regulation, the landowner may recover damages for the time before it is finally determined that the regulation constitutes a taking
US v. White, 782 F. 3d 1118, 1123 n.2 (Judge McHugh Opinion Conclusion)
Concluding that, under the Sex Offender Registration and Notification Act, the lower court erred in classifying appellee as a tier III sex offender during sentencing
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Consumer Demand Trends
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable If profits are declining because of the product price, this is one reason the product price could be problematic
Consumer buying power
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Consumers
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in house production
Control over quality
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one reason why Speaker 2 might conclude that the market is not price sensitive
Consumers are willing to pay for brand
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one reason why Speaker 2 might conclude that the market is not price sensitive
Consumers are willing to pay for quality
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in house production
Control over design
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in house production
Control over process
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Core Strengths
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Corporate Agreements
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Customer Loyalty Programs
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Customer Segmentation
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Customer segmentation
Amy belongs to the California state bar. Amy pays a corporation to broadcast a TV advertisement of her services in California. The ad states that she has a perfect trial win record. However, Amy did lose a trial, although she prevailed on appeal of that case. Will Amy be subject to discipline? A. No, because the ad is proper under the rules of professional conduct B. No, because the ad is protected by the First Amendment's Free Speech Clause C. Yes, because the ad is not protected by the First Amendment's Free Speech Clause D. Yes, because the ad is improper under the rules of professional conduct
D
Harlan, a 16 year old, purchased an educational chemistry set made by Chemco. Harlan invited his friend and classmate, Sandra, to assist him in a chemistry project. Referring to a library chemistry book on explosives and finding that the chemistry set contained all the necessary chemicals, Harlan and Sandra agreed to make a bomb. During the course of the project, Harlan carelessly knocked a lightened Bunsen burner into a bowl of chemicals from the chemistry set. The chemicals burs into flames, injuring Sandra. In a suit by Sandra against Chemco, based on strict liability, Sandra will: A. Prevail, if the chemistry set did not contain a warning that its contents could be combined to form dangerous explosives B. Prevail, because manufacturers of chemistry sets are engaged in an abnormally dangerous activity. C. Not prevail, because Harlan's negligence was the cause in fact of Sandra' injury D. Not prevail, if the chemistry set was as safe as possible, consistent with its educational purposes, and its benefits exceeded its risks
D
John entered a hospital to undergo surgery and feared that he might not survive. He instructed his lawyer by telephone to prepare a deed conveying Blackacre, a large tract of undeveloped land, as a gift to his nephew Victoria, who lived in California. His instructions were followed, and before his surgery, he executed a document in a form that was sufficient to constitute a conveyance. The deed was recorded by the lawyer promptly and properly as he instructed him to do. The recorded deed was returned to the lawyer by the land record office. John recovered from his surgery and the lawyer returned the recorded deed to him. Before John or the lawyer though to inform Victoria of the conveyance, Victoria was killed in a car accident. Victoria's will left all of her estate to a Methodist church. John, a Buddhist, was upset at the prospect of the church acquiring Blackacre. The local taxing authority assessed the next real property tax bill on Blackacre to Victoria's estate John brought an action against Victoria's estate and the church to set aside the conveyance to Victoria If John loses, it will be because A. The gift of Blackacre was inter vivos rather than causa mortis B. The showing of Victoria's estate as the owner of Blackacre on the tax rolls supplied what otherwise would be a missing essential element for a valid conveyance C. Disappointing Victoria's devisee would violate the First Amendment's Free Exercise Clause D. Delivery of the deed is presumed from the recording of the deed
D
Reena owns, SoFi, a land tract. Her friend Walter wanted to buy SoFi and offered $20000 for it. Reena knew that Walter was insolvent, but replied, "as a favor to you as an old friend, IO will sell SoFi to you for $20000, even though it is worth much more, if you can raise the money within one month." Walter wrote the following words, and no more, on a piece of paper "I agree to sell SoFi for $20000." Reena then signed the piece of paper and gave it to Walter. Three days later, Reena received an offer of $40000 for SoFi. When Walter answered, "not yet," Reena told him that the deal was off and that she was going to accept the $40000 offer. The next week, Walter secured a bank commitment to enable him to purchase SoFi. Walter immediately brought an appropriate action against Reena in a Hawaii trial court to compel Reena to convey SoFi to him. The following points will be raised during the course of the trial. I. The parol evidence rule II. Construction of the contract as to time of performance III. Walter's ability to perform Which of the following will be relevant to a decision in favor of Walter? A. I only B. I and II only C. II and III only D. I, II, and III
D
Road Lines is an interstate bus firm operating in a five state area. A federal statute authorized the ICC to permit interstate carriers to discontinue any unprofitable route. Road Lines applied to the ICC for permission to drop a route that ran through Shaley Mountains in California. The ICC granted permission even though Road Lines provided the only public transportation into the region. Foley is the owner of a mountain resort in the Shaley Mountains, whose customers usually arrived on vehicles operated by Road Lines. After exhausting all available federal administrative remedies, Foley filed suit in California trial court to enjoin the discontinuance by Road Lines of its service to that area. Foley alleged that the discontinuance of service by Road Lines would violate a California statute prohibiting common carriers from abandoning service to communities having no alternate form of public transportation. The California lower court should: A. Dismiss the action, because Foley lacks standing to sue B. Direct the removal of the case to federal court, because this suit involves a substantial federal question C. Hear the case on its merits and decide for Foley because, on these facts, a federal agency is interfering with essential and sovereign State functions D. Hear the case on its merits and decide for Road Lines, because a valid federal law preempts the state statute on which Foley relies
D
Tom, an attorney, duly commences a lawsuit on behalf of Jada against Pierce. Jodi, another lawyer, agrees to represent Pierce in that lawsuit and timely files an initial responsive pleading. Under the local rules for the United States District Court for the Southern District of California, the lawsuit is subject to mandatory pre-trial mediation. Tom prevails in his motion to adjoin the scheduled mediation for 30 days. Jodi timely files a mediation summary in advance of the rescheduled mediation date. Tom fails to either notify Jada to attend the mediation or file a mediation summary. Neither Tom nor Jada appear as required for the mediation session. Consequently, the court clerk properly enters a default against Jada and serves Tom with a default notice. Although Tom promises Jada that he will get the default set aside, Tom goes on a 30-day vacation and does nothing to address the default. Jodi subsequently prevails on a motion for default judgment against Jada. After the vacation, Tom files a motion to set aside the default judgment. The motion alleges that he has good cause and a meritorious defense for not participating in mediation. The court denies the motion. Jada does not authorize Tom to pursue the case any further. Will Tom be subject to discipline? A. No, if he pays Jada the cause of action's fair market value B. No, because the court should have granted the motion to set aside the default judgment C. Yes, unless the court should have granted the motion to set aside the default judgment D. Yes, because Tom failed to file a mediation summary or a motion to set aside the default and did not move to set aside the default judgment until after his vacation
D
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. In planning an answer to this question, someone should do this item
Define the answer approach
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. In planning an answer to this question, someone should do this item
Define the answer assumption
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is never a market discount. This rule does not apply to original issue discount debt. (Please answer in Danish)
Delvis Sandt
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Danish)
Delvis Sandt
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Danish)
Delvis Sandt
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Danish)
Delvis Sandt
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has not purchased the debt at a premium. A holder can elect to amortize or spread out the tax payments on a premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. (Please answer in Danish)
Delvis Sandt
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has not purchased the debt at a premium. A holder can include a premium in a bond's basis which may result in the recognition of a deductible capital loss once the debt matures. (Please answer in Danish)
Delvis Sandt
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Danish)
Delvis Sandt
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. (Please answer in Danish)
Delvis Sandt
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Danish)
Delvis Sandt
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Danish)
Delvis Sandt
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in Danish)
Delvis Sandt
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in Danish)
Delvis Sandt
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Danish)
Delvis Sandt
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Danish)
Delvis Sandt
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Danish)
Delvis Sandt
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Delvis Sandt
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Danish)
Delvis Sandt
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Delvis Sandt
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Danish)
Delvis Sandt
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Delvis Sandt
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Norwegian)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. The Court of Appeals may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. The Court of Appeals will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sandt
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sandt
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Danish)
Delvis Sandt
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Norwegian)
Delvis Sant
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is a market discount. This rule does not apply to original issue discount debt. (Please answer in Swedish)
Delvis Sant
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Norwegian)
Delvis Sant
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Swedish)
Delvis Sant
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. (Please answer in Swedish)
Delvis Sant
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. A holder can never include a premium in a bond's basis to ensure the recognition of a deductible capital loss once the debt matures. (Please answer in Norwegian)
Delvis Sant
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can never elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. (Please answer in Swedish)
Delvis Sant
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can never elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. A holder can include a premium in a bond's basis which may result in the recognition of a deductible capital loss once the debt matures. (Please answer in Swedish)
Delvis Sant
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can never elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. A holder can never include a premium in a bond's basis to ensure the recognition of a deductible capital loss once the debt matures. (Please answer in Swedish)
Delvis Sant
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Norwegian)
Delvis Sant
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Norwegian)
Delvis Sant
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Norwegian)
Delvis Sant
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Swedish)
Delvis Sant
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Swedish)
Delvis Sant
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. (Please answer in Swedish)
Delvis Sant
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in Swedish)
Delvis Sant
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in Norwegian)
Delvis Sant
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Norwegian)
Delvis Sant
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. (Please answer in Swedish)
Delvis Sant
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Swedish)
Delvis Sant
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Swedish)
Delvis Sant
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Norwegian)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Swedish)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in Norwegian)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Swedish)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Swedish)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. (Please answer in Swedish)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Norwegian)
Delvis Sant
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Swedish)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. (Please answer in Swedish)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Swedish)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Swedish)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Swedish)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Danish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Norwegian)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Swedish)
Delvis Sant
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. (Please answer in Norwegian)
Delvis Sant
How Not To Promote Serious Deliberation About Abortion, 58 U. Chi. L. Rev. 1181 (1991) Author
Michael McConnell
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Norwegian)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Swedish)
Delvis Sant
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will also dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Swedish)
Delvis Sant
Sistine Chapel Ceiling: Creation of Adam, 1510 Painter
Michelangelo
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will also dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Swedish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Delvis Sant
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. The Court of Appeals may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Delvis Sant
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss can never be a long-term capital loss. In tax transactions where the contingent payment debt instrument rules apply, a U.S. holder's adjusted basis equals the original cost of the debt plus any amounts previously included as interest income under the projected payment schedule minus the amount of any non-contingent payments and the projected amount of any contingent payments that were made on the instrument. (Please answer in Norwegian)
Delvis Sant
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. (Please answer in Swedish)
Delvis Sant
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Swedish)
Delvis Sant
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Swedish)
Delvis Sant
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Norwegian)
Delvis Sant
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Develop a bike that is geared towards women and young men
The Bolt, 1778 Painter
Jean Honoré Fragonard
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Distribution
When it comes to offers and acceptance and buyer-seller communications regarding the price and quantity of personal property, a Hawaii or California state court may analyze this item to determine if an offer has been made
Do the communications indicate a commitment by the parties to a specific price and quantity?
The Emotions, Best of My Love
Doesn't take much to make me happy And make me smile with glee Never, never will I feel discouraged' Cause our love's no mystery Demonstrating love and affection That you give so openly, yeah I like the way you make me feel about you, baby Want the whole wide world to see
Martin Garrix, Don't Look Down
Don't look down Up this high we'll never hit the ground Don't look down See that sky, we're gonna reach it now Do you feel the lightning inside of you? Will you follow through if I fall for you? Don't look down Up this high, we'll never hit the ground Are your hands shaking? Are your fears breaking? Are you climbing over walls? Are the times changing? Is the noise fading?
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. In response to this information, Speaker 2 should consider doing this item before providing takeaways
Drawing a chart
The Stolen Kiss, 1788 Painter
Jean Honoré Fragonard
A Bar at the Folies-Bergere, 1882 Painter
Edouard Manet
Rooms By The Sea, 1951 Painter
Edward Hopper
View of Toledo, (1599) Painter
El Greco
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Electric guitar manufacturing
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one takeaway that Speaker 2 might offer
Entering the market would only provide a 3% revenue increase
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. To estimate potential revenues, someone should do this item
Estimate revenues resulting from market share
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. To estimate potential revenues, someone should do this item
Estimate the potential market share
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. To estimate potential revenues, someone should do this item
Estimate the total market
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. This question is this type of management consulting case
Estimation
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
European Market Consumer Demand
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
European Market Customer Segmentation
For floating rate debt that was issued without an original issue discount, interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. Floating rate debt that varies with the London Inter Bank Offering Rate generally is not treated as a variable rate debt instrument similar to commercial paper rate notes, primate rate notes, treasury rate notes, CD rate notes, and federal fund rate notes. (Please answer in Latin)
Ex Parte Vero
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. Here, the holder need not reduce the original issue discount includible in income every year by the amount of the premium that is allocated to that year. (Please answer in Latin)
Ex Parte Vero
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in Latin)
Ex Parte Vero
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Latin)
Ex Parte Vero
Issuers that want to release bearer debt may be able to avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. Bearer debt that is in bearer form can never be treated as registered form debt even if the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form. (Please answer in Latin)
Ex Parte Vero
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Latin)
Ex Parte Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Latin)
Ex Parte Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Latin)
Ex Parte Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Latin)
Ex Parte Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Latin)
Ex Parte Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Latin)
Ex Parte Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Latin)
Ex Parte Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Latin)
Ex Parte Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. (Please answer in Latin)
Ex Parte Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. The Court of Appeals generally cannot transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Ex Parte Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Latin)
Ex Parte Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. The Court of Appeals generally can transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Ex Parte Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. The Court of Appeals generally cannot transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Ex Parte Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The Court of Appeals generally cannot transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Ex Parte Vero
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Latin)
Ex Parte Vero
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Latin)
Ex Parte Vero
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Latin)
Ex Parte Vero
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Latin)
Ex Parte Vero
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Latin)
Ex Parte Vero
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Latin)
Ex Parte Vero
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Latin)
Ex Parte Vero
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Latin)
Ex Parte Vero
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable To solve this case question, you should examine this item
External factors affecting industry profitability
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Falso
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Italian)
Falso
Under the Second Restatement on Choice of Law's most significant relationship test, a court cannot consider policies underlying an involved field of law. (Please answer in Italian)
Falso
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in Italian)
Falso
When it comes to agency termination, if a principal declares bankruptcy, the agency relationship can never terminate. (Please answer in Italian)
Falso
When it comes to consent defenses to intentional torts, to demonstrate the existence of consent implied by law, a claimant need not show that no reason existed to believe that the relevant party would withhold consent if able (Please answer in Italian)
Falso
When it comes to consent defenses to intentional torts, to demonstrate the existence of consent implied by law, a claimant need not show that the relevant party was absent or unable to consider the matter in question (Please answer in Italian)
Falso
Consent is not a general exception to the Fourth Amendment's warrant requirement. (Please answer in Latin)
Falsus
Generally, a landowner does not have a legally protected interest in the airspace above her or his property. (Please answer in Latin)
Falsus
Generally, a landowner does not have a legally protected interest in the grounds below her or his property. (Please answer in Latin)
Falsus
If a tortfeasor who committed conversion sells the goods to a bona fide purchaser, it is not the case that the purchaser can be liable for conversion only if she or he acquired the goods in a manner that reveals the existence of an adverse claim on the goods. (Please answer in Latin)
Falsus
In Law's Empire (1986), Dworkin does not argue that HLA Hart is incorrect in arguing that laws is composed only of rules. (Please answer in Latin)
Falsus
In Law's Empire (1986), Dworkin does not argue that principles and standards can be compared and balanced (Please answer in Latin)
Falsus
In The Morality of Law (1964), it is not the case that one of Fuller's principles of procedural morality in legislation is that rules must be prospective and not retrospective (Please answer in Latin)
Falsus
In the Concept of Law (1961), Hart does not argue that secondary rules that are rules of adjudication can set the standards for judicial resolution of cases. (Please answer in Latin)
Falsus
Physical invasion is not an element of a land trespass claim. (Please answer in Latin)
Falsus
To succeed on a conversion claim, a claimant need not prove that the defendant's interference was sufficient to constitute an assertion of dominion and control over the goods. (Please answer in Latin)
Falsus
Under Katz v. United States, 389 US 347 (1967), if a court is examining whether an individual has a reasonable expectation of privacy in a searched area, it will not examine whether society will objectively accept the person's expectation of privacy as reasonable. (Please answer in Latin)
Falsus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. (Please answer in Latin)
Falsus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. (Please answer in Latin)
Falsus
Under the Revised Model Business Corporation Act, shareholders usually do not elect the directors at the annual meeting. (Please answer in Latin)
Falsus
Under the removal impediment marriage saving doctrine, if a party that is already married gets married to someone else, the second marriage is nor a void bigamous marriage. (Please answer in Latin)
Falsus
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Fare Sales
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Firms that sell Rocky Mountain spring water
Maja Desnuda, 1800 Painter
Francisco Goya
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. (Please answer in Dutch)
Gedeeltelijk Waar
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Dutch)
Gedeeltelijk Waar
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Dutch)
Gedeeltelijk Waar
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in Dutch)
Gedeeltelijk Waar
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Dutch)
Gedeeltelijk Waar
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Dutch)
Gedeeltelijk Waar
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E. (Please answer in Dutch)
Gedeeltelijk Waar
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer need not withhold the 30% tax even if the non-U.S. holder has not filed IRS Form W-8BEN or W-8BEN-E. (Please answer in Dutch)
Gedeeltelijk Waar
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Dutch)
Gedeeltelijk Waar
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income.(Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. Any interest payments that are qualified stated interest are not taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in Dutch)
Gedeeltelijk Waar
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. Any interest payments that are qualified stated interest are taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in Dutch)
Gedeeltelijk Waar
The Entrance to the Grand Canal, Venice, 1725 Painter
Giovanni Antonio Canal
Dio, Holy Diver
Gotta get away Get away Between the velvet lies There's a truth that's hard as steel, yeah The vision never dies Life's a never ending wheel, say You're the star of the masquerade No need to look so afraid Jump, jump, jump on the tiger You can feel his heart, but you know he's mean Some light can never be seen, yeah
Funkytown
Gotta make a move to a town that's right for me Town to keep me movin' Keep me groovin' with some energy Well, I talk about it, talk about it Talk about it, talk about it Talk about, talk about Talk about movin' Gotta move on Gotta move on Gotta move on
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. In planning an answer to this question, someone should do this item
Guide the listener through the solution
Happy Days Are Here Again
Happy days are here again! The skies above are clear again, Let us sing a song of cheer again, Happy days are here again! Altogether shout it now, There's no one who can doubt it now, Let us tell the world about it now, Happy days are here again! Your cares and troubles are gone There'll be no more from now on!
Sara Bareilles, Love Song
Head underwater And they tell me To breathe easy for a while The breathing gets harder, even I know that Made room for me it's too soon to see If I'm happy in your hands I'm unusually hard to hold onto Blank stares at blank pages ... My heavy heart sinks deep down under You and your twisted words Your help just hurts You are not what I thought you were Hello to high and dry
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Headphone market major players
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Headphone market participant market share
Bette Davis Eyes
Her hair is Harlow gold Her lips a sweet surprise Her hands are never cold She's got Bette Davis eyes She'll turn her music on you You won't have to think twice She's pure as New York snow ... And she'll tease you, she'll unease you All the better just to please you She's precocious, and she knows just what it Takes to make a pro blush She got Greta Garbo's standoff sighs
The Garden of Earthly Delights, (1510-1515) Painter
Hieronymus Bosch
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in house production
High long run margin
Red Hot Chili Peppers, Otherside
I heard your voice through a photograph I thought it up and brought up the past Once you know you can never go back I gotta take it on the other side Centuries are what it meant to me A cemetery where I marry the sea Stranger things could never change my mind
Calvin Harris and Sam Smith, Promises
I make no promises, I can't do golden rings But I'll give you everything (Tonight) Magic is in the air, there ain't no science here So come get your everything (Tonight)
Katy Perry, Roar
I used to bite my tongue and hold my breath Scared to rock the boat and make a mess So I sat quietly, agreed politely I guess that I forgot I had a choice I let you push me past the breaking point I stood for nothing, so I fell for everything
Bastille, Pompeii
I was left to my own devices Many days fell away with nothing to show And the walls kept tumbling down In the city that we love Grey clouds roll over the hills Bringing darkness from above But if you close your eyes Does it almost feel like nothing changed at all? And if you close your eyes Does it almost feel like you've been here before?
Timbaland, Apologize
I'm holding on your rope Got me ten feet off the ground And I'm hearing what you say But I just can't make a sound ... That it's too late to apologize, it's too lateI said it's too late to apologize, it's too late
Stacey Q, Two of Hearts
I've got this feelin' that you're going to stay I never knew that it could happen this way Before I met you I was fallin' apart But now at last I really know that we are
This item can be cited to support the position that bearer debt that is in bearer form can be treated as registered form debt if either the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form.
IRS Notice 2012-20
Mexican Brew
Ice cubes 2 fl. oz. tequila 1 fl. oz. Kahlúa or Tia Maria
Black Russian
Ice cubes 2 fl. oz. vodka 1 fl. oz. Kahlúa or Tia Maria
White Russian
Ice cubes 2 fl. oz. vodka 1 fl. oz. Kahlúa or Tia Maria Float 1 fl. oz. of lightly whipped heavy cream or thick coconut milk on top of the finished drink
Tall Black Russian
Ice cubes 2 fl. oz. vodka 1 fl. oz. Kahlúa or Tia Maria Pour the vodka and Kahlúa or Tia Maria over ice in a highball glass and top off with Cola
Black Russian of Irish Extraction
Ice cubes 2 fl. oz. vodka 1 fl. oz. Kahlúa or Tia Maria Pour the vodka and Kahlúa or Tia Maria over ice in a highball glass, and add a head of Guinness
Voodoo Brew
Ice cubes 2 fl. oz. white rum 1 fl. oz. Kahlúa or Tia Maria
Kris Allen, Live Like We're Dying
If this is all we got, then we gotta start thinkin' If every second counts on a clock that's tickin' ... We only got 86, 400 seconds in a day to Turn it all around or to throw it all away
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention.
Increase International Distribution Channels in Areas Where the Dollar is Weak
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable If profits are declining because of the product price, this is one reason the product price could be problematic
Increased concentration
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Industry barriers to entry
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Industry barriers to exit
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Speaker 2 should consider asking this follow up question in response to Speaker 1's profit margin information
Is the profit margin normal for the industry?
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% Before starting to calculate the additional revenues, someone should consider asking this clarification question
Is there capacity to add additional passengers on all flights?
Tina Turner, What's Love Got To Do With It
It's physical Only logical You must try to ignore that it means more than that Oh-oh, what's love got to do, got to do with it? What's love but a second-hand emotion? What's love got to do, got to do with it? Who needs a heart when a heart can be broken?
Leonidas at Thermopylae, 1814 Painter
Jacques Louis David
Portrait of Madame Récamier, 1800 Painter
Jacques Louis David
The Consecration of the Emperor Napoleon and the Coronation of the Empress Josephine by Pope Pius VII, 2nd December 1804, 1807 Painter
Jacques Louis David
The Death of Marat, 1793 Painter
Jacques Louis David
The Death of Seneca, 1773 Painter
Jacques Louis David
The Death of Socrates, 1787 Painter
Jacques Louis David
The Intervention of the Sabine Women, 1799 Painter
Jacques Louis David
The Tennis Court Oath 20th June 1789, 1791 Painter
Jacques Louis David
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is a market discount. (Please answer in Swedish)
Javisst
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is a market discount. This rule also applies to original issue discount debt with the sole exception that the debt's remaining principal amount is the debt's revised issue price. (Please answer in Swedish)
Javisst
If a debt instrument returns a fixed rate or a floating rate and was issued without an original issue discount, interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method. (Please answer in Swedish)
Javisst
In determining the extent of chattel interference in a conversion claim, a court can consider the degree and period of interference with the owner's control. (Please answer in Swedish)
Javisst
In determining the extent of chattel interference in a conversion claim, a court can consider the wrongdoer's intent to claim a right that was contrary to the owner's right of control. (Please answer in Swedish)
Javisst
In most states, the malice aforethought requirement for a murder conviction can never come in the form of intent to inflict serious bodily injury on a human being. (Please answer in Swedish)
Javisst
In most states, the malice aforethought that is required for a murder conviction can be express. (Please answer in Swedish)
Javisst
Under the Uniform Limited Liability Corporation Act, the duty of loyalty applies to managers of a manager-managed LLC. (Please answer in Swedish)
Javisst
Under the Uniform Limited Liability Corporation Act, the duty of loyalty applies to members of a member-managed LLC. (Please answer in Swedish)
Javisst
Under the Uniform Limited Liability Corporation Act, the duty of loyalty never applies to members of a manager-managed LLC. (Please answer in Swedish)
Javisst
Jupiter and Thetis, 1811 Painter
Jean Auguste Dominique Ingres
Portrait of Napoléon on the Imperial Throne, 1806 Painter
Jean Auguste Dominique Ingres
The Death of Leonardo da Vinci, 1818 Painter
Jean Auguste Dominique Ingres
The Grande Odalisque, 1814 Painter
Jean Auguste Dominique Ingres
The Turkish Bath, 1862 Painter
Jean Auguste Dominique Ingres
The Valpinçon Bather, 1808 Painter
Jean Auguste Dominique Ingres
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This item is one way the firm could enter the high end headphone market
Joint venture
JIT
Just In Time
Unconstitutional Conditions, 10 Harv. L. Rev. 1413 (1989) Author
Kathleen Sullivan
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder.
Kidnapping
KM
Knowledge Management
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable The presence of this fact will make it less likely that external factors are reducing firm profitability
Lack of a substitue product
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one reason why Speaker 2 might conclude that the firm cannot get 5% of the market in units
Lack of brand recognition
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in house production
Lack of capability to manufacture headphones
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in house production
Lack of distribution channels
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in house production
Lack of knowledge to manufacture headphones
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in house production
Lack of talent to manufacture headphones
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention.
Laying Off Employees
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Because this is a participant-driven case question, Speaker 2 should do this item
Layout her or his answer structure
Lady with an Ermine (1489-1490) Painter
Leonardo Da Vinci
Salvator Mundi, 1500 Painter
Leonardo Da Vinci
Far East Movement, Rocketeer
Let's fly (fly, fly, fly, fly) Up, up, here we go, go Up, up, here we go, go Let's fly (fly, fly, fly, fly) Up, up, here we go, go Where we stop nobody knows (knows) Where we go, we don't need roads (roads) And where we stop nobody knows (knows) To the stars if you really want it
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Local Consumers
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in house production
Long market entry time
MAS
Management Advisory Services
MBO
Management By Objectives
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Modernize Plants
MNC
Multinational Corporation
MEOST
Multiple Environment Stress Test
Chubby Checker, The Twist
My daddy is sleepin' And mama ain't around Yeah, daddy's just sleepin' And mama ain't around We're gonna a-twist, a-twist, a-twistin'' Til we tear the house down
In Law's Empire (1986), Dworkin does not argue that positivists are incorrect to claim that judges have extensive discretion in 'hard cases.' (Please answer in Spanish)
No
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. (Please answer in German)
Naturlich
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer must withhold the 30% tax unless the non-U.S. holder has filed IRS Form W-8BEN or W-8BEN-E. (Please answer in German)
Naturlich
Under the Second Restatement on Choice of Law's most significant relationship test, a court can consider the relevant policies of the forum. (Please answer in German)
Naturlich
When it comes to consent defenses to intentional torts, apparent consent is consent that a reasonable person would infer from custom or a claimant's activity. (Please answer in German)
Naturlich
When it comes to consent defenses to intentional torts, implied license can exist, when in a particular situation, a claimant implicitly permits a defendant to engage in certain actionable conduct in relation to the claimant (Please answer in German)
Naturlich
When it comes to secured transactions, under UCC §9-301, as a general matter, the law of the state in which the debtor is located governs perfection and filing. (Please answer in German)
Naturlich
When it comes to secured transactions, under UCC §9-307(b)(1), an individual is located at her or his principal residence. (Please answer in German)
Naturlich
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. (Please answer in German)
Naturlich
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in German)
Naturlich
An offeree's power of acceptance can never terminate via late acceptance. (Please answer in German)
Naturlich Nicht
Ceteris paribus, if a defendant successfully raises a private necessity defense to a trespass to land action, she or he can never be held liable for damages caused by the trespass. (Please answer in German)
Naturlich Nicht
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. (Please answer in German)
Naturlich Nicht
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in German)
Naturlich Nicht
In An Economic Analysis of Law, Posner does not argue that, when it comes to radio broadcast licenses, a de facto property rights system based on willingness to pay predominates. (Please answer in German)
Naturlich Nicht
In certain instances, an employer's business activities and her or his relationship to a plaintiff can never impose a duty on the employer that cannot not delegated to an independent contractor. (Please answer in German)
Naturlich Nicht
It is not the case that mistake is not a valid defense to a trespass claim. (Please answer in German)
Naturlich Nicht
Public law can never impose duties on an employer's business activities and her or his relationship to a plaintiff that cannot not delegated to an independent contractor. (Please answer in German)
Naturlich Nicht
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in German)
Naturlich Nicht
In Law's Empire (1986), Dworkin does not argue that standards such as policies and principles are equal to rules in terms of their importance and effect in the adjudicative process. (Please answer in Spanish)
No
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. (Please answer in German)
Naturlich Nicht
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Naturlich Nicht
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in German)
Naturlich Nicht
Under the Second Restatement on Choice of Law's most significant relationship test, a court cannot consider relevant policies of any other state and their interests in resolution of the underlying issue. (Please answer in German)
Naturlich Nicht
Under the Second Restatement on Choice of Law's most significant relationship test, a court cannot consider the needs of an interstate and international system. (Please answer in German)
Naturlich Nicht
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. (Please answer in German)
Naturlich Nicht
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in German)
Naturlich Nicht
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. (Please answer in German)
Naturlich Nicht
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in German)
Naturlich Nicht
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Naturlich Nicht
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. The Court of Appeals will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Naturlich Nicht
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. (Please answer in German)
Naturlich Nicht
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in German)
Naturlich Nicht
In The Morality of Law (1964), it is not the case that one of Fuller's principles of procedural morality in legislation is that rules must be intelligible (Please answer in Spanish)
No
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. (Please answer in German)
Naturlich Nicht
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in German)
Naturlich Nicht
When it comes to consent defenses to intentional torts, implied consent is not consent that a reasonable person would infer from custom or a claimant's activity. (Please answer in German)
Naturlich Nicht
When it comes to secured transactions, under UCC §9-307(e), a corporation or limited liability company is not located in the state where the debtor is organized. (Please answer in German)
Naturlich Nicht
Conversion does not refer to a tortfeasor's intentional exercise of dominion or control over a possessor's goods that so seriously interferes with the possessor's right to control the chattels that the wrongdoer is required to pay for the goods' full value. (Please answer in Danish)
Naturligvis Ikke
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is never a market discount. (Please answer in Danish)
Naturligvis Ikke
If a U.S. holder acquires a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, any positive difference between the remaining principal amount and the U.S. holder's purchase price is never a market discount. This rule also applies to original issue discount debt with the sole exception that the debt's remaining principal amount is the debt's revised issue price. (Please answer in Danish)
Naturligvis Ikke
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. (Please answer in Danish)
Naturligvis Ikke
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Danish)
Naturligvis Ikke
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has not purchased the debt at a premium. (Please answer in Danish)
Naturligvis Ikke
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has not purchased the debt at a premium. A holder can never elect to amortize or spread out the tax payments on a premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. (Please answer in Danish)
Naturligvis Ikke
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has not purchased the debt at a premium. A holder can never include a premium in a bond's basis to ensure the recognition of a deductible capital loss once the debt matures. (Please answer in Danish)
Naturligvis Ikke
In determining the extent of chattel interference in a conversion claim, a court can never consider the extent of chattel injury or damage. (Please answer in Danish)
Naturligvis Ikke
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. (Please answer in Danish)
Naturligvis Ikke
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in Danish)
Naturligvis Ikke
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Danish)
Naturligvis Ikke
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Danish)
Naturligvis Ikke
In most states, the malice aforethought requirement for a murder conviction can come in the form of a 'depraved heart' that manifests extreme indifference to the value of human life. (Please answer in Danish)
Naturligvis Ikke
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. (Please answer in Danish)
Naturligvis Ikke
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Danish)
Naturligvis Ikke
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. (Please answer in Danish)
Naturligvis Ikke
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Naturligvis Ikke
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Danish)
Naturligvis Ikke
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. (Please answer in Danish)
Naturligvis Ikke
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Naturligvis Ikke
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Danish)
Naturligvis Ikke
Under the Uniform Limited Liability Corporation Act, the duty of loyalty does not include accounting to the company and holding as trustee any property, profit, or benefit derived by the member in the firm's activities. (Please answer in Danish)
Naturligvis Ikke
Under the Uniform Limited Liability Corporation Act, the duty of loyalty does not include refraining from competing with the firm's business before dissolution of the firm. (Please answer in Danish)
Naturligvis Ikke
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Danish)
Naturligvis Ikke
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Danish)
Naturligvis Ikke
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. (Please answer in Danish)
Naturligvis Ikke
When it comes to obtaining consent to waive the Fourth Amendment's warrant requirement, if police want permission to search a person, only the searched person has authority to provide consent. (Please answer in Danish)
Naturligvis Ikke
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. (Please answer in Danish)
Naturligvis Ikke
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Danish)
Naturligvis Ikke
A fee simple determinable is a type of defeasible fee simple estate. (Please answer in Dutch)
Natuurlijk
A fee simple subject to an executory interest is a type of defeasible fee simple estate. (Please answer in Dutch)
Natuurlijk
Consent is a valid defense to a trespass to land action. (Please answer in Dutch)
Natuurlijk
For a trespass to chattels claim to succeed, a trespasser's act or some series of events that her or his act sets in motion must cause the interference with the owner's right to possess the chattel. (Please answer in Dutch)
Natuurlijk
Generally, when it comes to capacity to create a trust, the law of capacity on property transfer applies (Please answer in Dutch)
Natuurlijk
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Dutch)
Natuurlijk
Under the Second Restatement on Choice of Law's most significant relationship test, if the forum jurisdiction has adopted a choice of law statute governing disposition of the presented issue, the court need not implement the statute's provisions (Please answer in Dutch)
Natuurlijk Niet
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in Dutch)
Natuurlijk
In An Economic Analysis of Law, Posner argues that an individual should be able to claim a right to privacy in situations where her or his likeness is used in an ad without her or his consent, in part because the endorsement value will be lost if advertisers are not required to pay for the privilege. (Please answer in Dutch)
Natuurlijk
In a wills and estates adoption by estoppel claim, a court can consider the child's reliance on an adoptive relationship. (Please answer in Dutch)
Natuurlijk
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Dutch)
Natuurlijk
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Dutch)
Natuurlijk
Public policy is a valid defense to a trespass to land action. (Please answer in Dutch)
Natuurlijk
The Federal Radio Commission was the regulatory forerunner of the Federal Communications Commission. (Please answer in Dutch)
Natuurlijk
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Dutch)
Natuurlijk
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Dutch)
Natuurlijk
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in Dutch)
Natuurlijk
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Dutch)
Natuurlijk
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Dutch)
Natuurlijk Niet
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Dutch)
Natuurlijk
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Dutch)
Natuurlijk
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Dutch)
Natuurlijk
Under the Second Restatement on Choice of Law's most significant relationship test, if the forum jurisdiction has not adopted a choice of law statute governing disposition of the presented issue, the court need not examine a number of enumerated considerations to determine which jurisdiction has the most significant relationship to the issue (Please answer in Dutch)
Natuurlijk
Under the Second Restatement on Choice of Law's most significant relationship test, the first step requires a court to inquire into whether the forum jurisdiction has adopted a choice of law statute governing disposition of the presented issue. (Please answer in Dutch)
Natuurlijk
When it comes to consent defenses to intentional torts, actual consent is consent that is clearly communicated to a defendant that her or his otherwise actionable conduct is permissible under the circumstances. (Please answer in Dutch)
Natuurlijk
When it comes to the law of trusts, generally, precatory language (ex. A conveys Parcel B to C with the hope that C will use it for the benefit of D) is insufficient to create a trust. (Please answer in Dutch)
Natuurlijk
A fee simple subject to a subsequent condition is not a type of defeasible fee simple estate. (Please answer in Dutch)
Natuurlijk Niet
Generally, if an individual has the capacity to convey title to property, she or he does not have capacity to create a trust (Please answer in Dutch)
Natuurlijk Niet
In An Economic Analysis of Law, Posner does not provide the right to privacy as an example of a property right that an individual can have in an intangible item. (Please answer in Dutch)
Natuurlijk Niet
In a wills and estates adoption by estoppel claim, a court can never consider the child's obedience to and companionship toward the parent. (Please answer in Dutch)
Natuurlijk Niet
In a wills and estates adoption by estoppel claim, a court can never consider the parental actions holding the child out as her or his own. (Please answer in Dutch)
Natuurlijk Niet
Normally, it is not the case that consent can be a valid defense to an intentional tort claim on the theory that no harm can occur to an individual who consciously permits the intentional tort to occur. (Please answer in Dutch)
Natuurlijk Niet
Public necessity is not a valid defense to a trespass to land action. (Please answer in Dutch)
Natuurlijk Niet
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Dutch)
Natuurlijk Niet
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Dutch)
Natuurlijk Niet
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Dutch)
Natuurlijk Niet
When it comes to consent defenses to intentional torts, express consent is not consent that is clearly communicated to a defendant that her or his otherwise actionable conduct is permissible under the circumstances. (Please answer in Dutch)
Natuurlijk Niet
NOAC
Next Operation As Customer
A fee simple determinable is not an estate that ends automatically if the specified condition in the conveyance occurs. (Please answer in Spanish)
No
A possessor's significant modification of goods that changes their substance or structure can never constitute conversion. (Please answer in Spanish)
No
A tortfeasor's intentional omission that deprives an owner of her or his goods can never satisfy the intent element for a conversion claim. (Please answer in Spanish)
No
An ordinary trespass is not completed when committed. (Please answer in Spanish)
No
For floating rate debt that was issued without an original issue discount, generally is not taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. (Please answer in Spanish)
No
For floating rate debt that was issued without an original issue discount, generally is not taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. Floating rate debt that varies with the London Inter Bank Offering Rate generally is not treated as a variable rate debt instrument similar to commercial paper rate notes, primate rate notes, treasury rate notes, CD rate notes, and federal fund rate notes. (Please answer in Spanish)
No
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has not acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. (Please answer in Spanish)
No
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has not acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. Here, the holder need not reduce the original issue discount includible in income every year by the amount of the premium that is allocated to that year. (Please answer in Spanish)
No
In Law's Empire (1986), Dworkin does not argue that judges can apply principles in cases where no specific rule of law applies. (Please answer in Spanish)
No
In Law's Empire (1986), Dworkin does not argue that judges do not have quasi-legislative discretion (Please answer in Spanish)
No
In Law's Empire (1986), Dworkin does not argue that law consists of a set of moral standards. (Please answer in Spanish)
No
Katy Perry, Feels
No nothing ever lasts forever, no One minute you're here and the next you're gone So I respect you, wanna take it slow (hey) I need a mental receipt to know this moment I owe
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Non-acoustic products
West Coast Hotel Co. v. Parrish, 300 US 379 (1937) (Chief Justice Hughes Opinion Conclusion)
Overruling Adkins v. Children's Hospital of DC, 261 US 525 (1923)
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention. This strategy is something specifically that would be recommended if interest rates were low.
Offer Financing Packages
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one reason why Speaker 2 might conclude that the firm cannot get 5% of the market in units
Only 2 market participants have 80% market share
Citizens United v. Federal Election Com'n, 558 US 310 (2010) (Justice Kennedy Opinion Conclusion)
Overruling Austin v. Michigan Chamber of Commerce, 494 U.S. 652 (1990) and part of McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003)
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This item is one way the firm could enter the high end headphone market
Organic growth
OECD
Organization for Economic Cooperation and Development
OD
Organizational Development
OEM
Original Equipment Manufacturer
Washington v. Glucksberg, 521 US 702 (1997) (William Rehnquist)
Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, 721*721 "deeply rooted in this Nation's history and tradition," id., at 503 (plurality opinion); Snyder v. Massachusetts, 291 U. S. 97, 105 (1934) ("so rooted in the traditions and conscience of our people as to be ranked as fundamental"), and "implicit in the concept of ordered liberty," such that "neither liberty nor justice would exist if they were sacrificed," Palko v. Connecticut, 302 U. S. 319, 325, 326 (1937). Second, we have required in substantive-due-process cases a "careful description" of the asserted fundamental liberty interest. Flores, supra, at 302; Collins, supra, at 125; Cruzan, supra, at 277— 278. Our Nation's history, legal traditions, and practices thus provide the crucial "guide posts for responsible decisionmaking," Collins, supra, at 125, that direct and restrain our exposition of the Due Process Clause.
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible. In planning an answer to this question, someone should do this item
Outline the high level steps before going through the mental math
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Outsource Manufacturing
For floating rate debt that was issued without an original issue discount, generally is not taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. Floating rate debt that varies with the London Inter Bank Offering Rate is generally treated as a variable rate debt instrument in addition to commercial paper rate notes, primate rate notes, treasury rate notes, CD rate notes, and federal fund rate notes. (Please answer in Spanish)
Parcialmente Cierto
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has not acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. Here, the holder must reduce the original issue discount includible in income every year by the amount of the premium that is allocated to that year. (Please answer in Spanish)
Parcialmente Cierto
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in Spanish)
Parcialmente Cierto
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Spanish)
Parcialmente Cierto
Issuers that want to release bearer debt can never avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. Bearer debt that is in bearer form can be treated as registered form debt if either the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form. (Please answer in Spanish)
Parcialmente Cierto
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Spanish)
Parcialmente Cierto
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Spanish)
Parcialmente Cierto
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Spanish)
Parcialmente Cierto
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Spanish)
Parcialmente Cierto
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Spanish)
Parcialmente Cierto
This item refers to TV comedy in a continuing series. The item usually involves scrapes, jams, and mild predicaments that effect a group of stock characters
Situation Comedy
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Spanish)
Parcialmente Cierto
This item refers to a type of repetition where different forms and senses of a word are woven through a statement Examples: And mark in every face I meet/Marks of weakness, marks of woe. Say your say. Mail the mail. Nail the nail.
Ploce
This item is a stanza or strope of six lines
Sixain
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Parcialmente Cierto
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Spanish)
Parcialmente Cierto
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
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Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Spanish)
Parcialmente Cierto
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
Parcialmente Cierto
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
Parcialmente Cierto
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
Parcialmente Cierto
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. The Court of Appeals generally cannot transfer cases to the Supreme Court sua sponte. (Please answer in Spanish)
Parcialmente Cierto
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Spanish)
Parcialmente Cierto
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in Spanish)
Parcialmente Cierto
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Spanish)
Parcialmente Cierto
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Spanish)
Parcialmente Cierto
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. (Please answer in Spanish)
Parcialmente Cierto
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Spanish)
Parcialmente Cierto
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Spanish)
Parcialmente Cierto
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Spanish)
Parcialmente Cierto
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in Portuguese)
Parcialmente Verdadeiro
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Portuguese)
Parcialmente Verdadeiro
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Portuguese)
Parcialmente Verdadeiro
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Portuguese)
Parcialmente Verdadeiro
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer need not withhold the 30% tax even if the non-U.S. holder has not filed IRS Form W-8BEN or W-8BEN-E. (Please answer in Portuguese)
Parcialmente Verdadeiro
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Portuguese)
Parcialmente Verdadeiro
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Portuguese)
Parcialmente Verdadeiro
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in French)
Partiellement Vrai
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. The U.S. holder can never include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - or increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in Portuguese)
Parcialmente Verdadeiro
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Portuguese)
Parcialmente Verdadeiro
This item refers to a philosophical position that recognizes the possibility of multiple ultimate principals, contrasted with monism. The item is also opposed to monolithic state power and calls for toleration of diversity
Pluralism
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it can never be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Portuguese)
Parcialmente Verdadeiro
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Any interest payments that are qualified stated interest are not taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in Portuguese)
Parcialmente Verdadeiro
For U.S. holders, interest from debt will usually be taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in French)
Partiellement Vrai
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in French)
Partiellement Vrai
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in French)
Partiellement Vrai
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer need not withhold the 30% tax even if the non-U.S. holder has not filed IRS Form W-8BEN or W-8BEN-E. (Please answer in French)
Partiellement Vrai
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in French)
Partiellement Vrai
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in French)
Partiellement Vrai
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays count towards the limit. (Please answer in French)
Partiellement Vrai
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity must remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in French)
Partiellement Vrai
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Partiellement Vrai
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
This item is a variant and synonym of poetry. The item was current until 1650 but after that point, picked up connotations of archaism, preciousness, affectation, and folly
Poesie or Poesy
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in French)
Partiellement Vrai
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. (Please answer in French)
Partiellement Vrai
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in French)
Partiellement Vrai
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. (Please answer in French)
Partiellement Vrai
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in French)
Partiellement Vrai
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in French)
Partiellement Vrai
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in French)
Partiellement Vrai
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in French)
Partiellement Vrai
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in French)
Partiellement Vrai
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. Any interest payments that are qualified stated interest are not taxable to a U.S. holder as ordinary interest income at the time the interest is paid if the holder is on a cash accounting method or, at the time the interest is accrued, if the holder is an accrual accounting method. (Please answer in French)
Partiellement Vrai
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Partnerships
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. (Please answer in Italian)
Parzialmente Vero
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Italian)
Parzialmente Vero
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Italian)
Parzialmente Vero
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. (Please answer in Italian)
Parzialmente Vero
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in Italian)
Parzialmente Vero
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Here, if a U.S. debt holder is on a cash accounting method, she, he, or it need not include the original issue discount in income before receiving the cash attributable to that income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in Italian)
Parzialmente Vero
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. A holder can never include a premium in a bond's basis to ensure the recognition of a deductible capital loss once the debt matures. (Please answer in Italian)
Parzialmente Vero
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. (Please answer in Italian)
Parzialmente Vero
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Italian)
Parzialmente Vero
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, a holder need not include interest income in income based on a projected payment schedule regardless of whether the U.S. holder is on the cash or accrual accounting method. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Italian)
Parzialmente Vero
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, and banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. (Please answer in Italian)
Parzialmente Vero
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Parzialmente Vero
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Italian)
Parzialmente Vero
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. (Please answer in Italian)
Parzialmente Vero
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Italian)
Parzialmente Vero
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Italian)
Parzialmente Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in Italian)
Parzialmente Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Italian)
Parzialmente Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Italian)
Parzialmente Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Italian)
Parzialmente Vero
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open.(Please answer in Italian)
Parzialmente Vero
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Parzialmente Vero
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Italian)
Parzialmente Vero
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Italian)
Parzialmente Vero
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Italian)
Parzialmente Vero
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Italian)
Parzialmente Vero
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Italian)
Parzialmente Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Italian)
Parzialmente Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will also dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Parzialmente Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Parzialmente Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Parzialmente Vero
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss is a long-term capital loss. In tax transactions where the contingent payment debt instrument rules apply, a U.S. holder's adjusted basis is not equal to the original cost of the debt plus any amounts previously included as interest income under the projected payment schedule minus the amount of any non-contingent payments and the projected amount of any contingent payments that were made on the instrument (Please answer in Italian)
Parzialmente Vero
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. (Please answer in Italian)
Parzialmente Vero
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Italian)
Parzialmente Vero
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are not treated as part of the debt's stated redemption price at maturity. Qualified stated interest is stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Italian)
Parzialmente Vero
This item refers to the use of superfluous syllables or words. The item may consist of needless repetition or the addition of unnecessary words. The item can be used legitimately when expressing emphasis Examples: He walked the entire distance to the station on foot Substituting focal point for focus Substituting third down situation for third down
Pleonasm
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Passenger Type Segmentation
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Piano manufacturing
Le Déjeuner Des Canotiers, (1880-1881) Painter
Pierre Auguste Renoir
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable Using the equation (Profit = Quantity * Price - Costs), if profits are declining, costs have remained unchanged, and sales are increasing, the reason for the profit decline is this item
Price
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Pricing Strategies
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Product Line
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking for follow up information on this item
Product differentiation
Keystone Bituminous Coal Assn. v. DeBenedictis, 480 US 470 (1987) (Justice Stevens Opinion Conclusion)
Rejecting Fifth Amendment Takings Clause and Fourteenth Amendment Due Process Clause challenges to 1966 Pennsylvania Bituminous Mine Subsidence and Land Conservation Act
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Production Process
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% To solve this case problem, someone should use this equation
Profit = Revenues - Cost
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable To solve this case question, you can use this item
Profitability framework to identify internal factors
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Promotions
This item can be cited to support the position that bearer debt that is in bearer form can be treated as registered form debt if either the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form.
Prop. Treas. Reg. 1.163-5(b)
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention. This strategy is something specifically that would be recommended if interest rates were low.
Provide High Trade In Values
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Because this is a participant-driven case question, Speaker 2 should do this item
Provide a hypothesis within the first five minutes
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Because this is a participant-driven case question, Speaker 2 should do this item
Provide her or his notes to Speaker 1
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Purchase Steel Futures
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention
Raise Garb Prices
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention
Raise Replacement Part Prices
Scrutiny Land, 106 Mich. L. Rev. 1479 (2008) Author
Randy Barnett
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder.
Rape
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Reducing Turn Time
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some short-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a short term strategy that Speaker 2 might mention. This strategy is something specifically that would be recommended if interest rates were low.
Refinance Debt
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Revenues
Substantive Due Process by Any Other Name: The Abortion Cases, 1973 Sup. Ct. Rev. 159 Author
Richard Epstein
Takings: Private Property and Eminent Domain (1985) Author
Richard Epstein
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder.
Robbery
Gloria
Running after somebody, you gotta get him somehow I think you've got to slow down before you start to blow it I think you're headed for a breakdown, so be careful not to show it ... If everybody wants you, why isn't anybody callin'?You don't have to answer Leave them hangin' on the line, oh oh oh, calling...
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. (Please answer in Norwegian)
Selvfolgelig
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. The holder can elect to amortize or spread out the tax payments on the premium over the duration of the debt instrument's active life by paying extra taxes on the bond interest income. A holder can include a premium in a bond's basis which may result in the recognition of a deductible capital loss once the debt matures. (Please answer in Norwegian)
Selvfolgelig
In determining the extent of chattel interference in a conversion claim, a court can consider the expense and inconvenience that the owner suffers. (Please answer in Danish)
Selvfolgelig
In most states, the malice aforethought requirement for a murder conviction can never be satisfied if the murder occurs during the commission of an inherently dangerous felony. (Please answer in Danish)
Selvfolgelig
In most states, to be found guilty of murder, an individual must act with malice aforethought. (Please answer in Norwegian)
Selvfolgelig
In some circumstances, necessity can be a valid defense to a trespass to chattels claim. (Please answer in Norwegian)
Selvfolgelig
Under the Uniform Limited Liability Corporation Act, the duty of loyalty includes refraining from adverse dealings with the company. (Please answer in Danish)
Selvfolgelig
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Norwegian)
Selvfolgelig
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Norwegian)
Selvfolgelig
When it comes to agency termination, if a corporation begins a process that will lead to cessation of its existence, the agency relationship can terminate. (Please answer in Norwegian)
Selvfolgelig
When it comes to consent defenses to intentional torts, consent to a medical procedure that is required to save a patient's life can be implied if the patient cannot give consent because or her or his physical state. (Please answer in Norwegian)
Selvfolgelig
When it comes to consent defenses to intentional torts, to demonstrate the existence of consent implied by law, a claimant must show that a reasonable person in the relevant party's position would consent to the conduct at issue (Please answer in Norwegian)
Selvfolgelig
An offeree's power of acceptance can never terminate via indirect revocation. (Please answer in Norwegian)
Selvfolgelig Ikke
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. (Please answer in Norwegian)
Selvfolgelig Ikke
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. An original issue discount is not the difference between a debt instrument's stated redemption price at maturity and the debt instrument's issue price. When it comes to debt instruments issued for money, the issue price is not the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in Norwegian)
Selvfolgelig Ikke
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. (Please answer in Norwegian)
Selvfolgelig Ikke
In determining the extent of chattel interference in a conversion claim, a court can never consider the degree and length of a wrongdoer's exercise of control over the chattel. (Please answer in Norwegian)
Selvfolgelig Ikke
In most states, the malice aforethought that is required for a murder conviction cannot be implied from a factual situation surrounding an offense. (Please answer in Norwegian)
Selvfolgelig Ikke
It is not the case that mistake is not a defense to a trespass to chattels action. (Please answer in Norwegian)
Selvfolgelig Ikke
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. (Please answer in Norwegian)
Selvfolgelig Ikke
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument generally will not depend on whether the debt is subject to contingent payment debt instruments rules or whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Second Restatement on Choice of Law's most significant relationship test, a court cannot consider ease of application. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Norwegian)
Selvfolgelig Ikke
Under the Uniform Limited Liability Corporation Act, the duty of loyalty never applies to mangers of a member-managed LLC. (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to agency termination, a corporation ceases to exist, the agency relationship can never terminate. (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss can never be a long-term capital loss. (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss can never be a long-term capital loss. In tax transactions where the contingent payment debt instrument rules apply, a U.S. holder's adjusted basis is not equal to the original cost of the debt plus any amounts previously included as interest income under the projected payment schedule minus the amount of any non-contingent payments and the projected amount of any contingent payments that were made on the instrument (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to consent defenses to intentional torts, consent to a doctor's conduct can never be implied in emergency situations where a medical procedure is required to save a patient's life. (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. (Please answer in Norwegian)
Selvfolgelig Ikke
When it comes to tax consequences for U.S. debt offerings, an original issue discount is not de minimis even if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in Norwegian)
Selvfolgelig Ikke
This item is named for the poet Karai Senryu (1718-1790). The item has the same form as a Haiku (17 syllables arranged in lines of 5, 7, and 5 syllables) but a spirit that focuses on humor and satire
Senryu
This item can refer to either an innate sensitivity to sensory experience or reliance on feelings as a guide to truth rather than reason or law. The item is connected to 18th century attitudes such as primitivism, sentimentalism, the nature movement, and other aspects of romanticism. The item in its second sense can be seen as a reaction to stoicism.
Sensibility
The first item is a critical term characterizing writing that plays fully on the various senses of the opinion reader. The first item is not to be confused with the second which is usually regarded in an unfavorable sense and implies writing that is fleshy or carnal. Examples: Keats, The Eve of St. Agnes Ernest Hemingway's writing style Thomas Wolfe's writing style
Sensual and Sensuous
This item may also be referred to as reformed comedy and sprang up in the early years of the 18th century in reaction to Restoration plays. The item generally lacks humor, reality, spice, and light touch. The characters were either so good or so bad that they became caricatures. Examples: Jeremy Collier, Short View of the Immorality and Profaneness of the English Stage (1698) Richard Steele, The Conscious Lovers (1722)
Sentimental Comedy
This item can be used in two senses. The item can refer to an overindulgence of emotion (especially the conscious effort to induce emotion to enjoy it) or an optimistic overemphasis of the goodness of humanity representing a reaction against Calvinism Examples Joseph Warton, The Enthusiast Laurence Sterne, A Sentimental Journey Oliver Goldsmith, The Deserted Village Henry Mackenzie, The Man of Feeling
Sentimentalism
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day This item is a device that could possibly be used to increase passenger numbers
Service Strategies
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Similarities between bottling beer and water
Come Back and Stay
Since you've been gone I shut my eyes and I fantasize that you're here with me Will you ever return? I won't be you satisfied 'til you're by my side Don't wait any longer Come back (Why don't you come back? Please hurry) (Why don't you come back? Please hurry)
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it need not include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. If a U.S. holder elects to optionally include original issue discount in income for debt securities that were issued with more than a de minimis amount of original issue discount, the holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Swedish)
Sjalvklart Inte
In determining the extent of chattel interference in a conversion claim, a court can never consider the wrongdoer's bad intentions or good faith. (Please answer in Swedish)
Sjalvklart Inte
In most states, the malice aforethought requirement for a murder conviction can come in the form of intent to kill a human being. (Please answer in Swedish)
Sjalvklart Inte
Most non-U.S. holders that purchase debt securities sold by U.S. holders do not qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it still need not pay a withholding tax on the interest payments even if the rate has not been reduced by an applicable income tax treaty and the interest is not effectively connected with the non-U.S. holder's U.S. trade or business and the holder has not filed out IRS Form W-8ECI. (Please answer in Swedish)
Sjalvklart Inte
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. (Please answer in Swedish)
Sjalvklart Inte
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Swedish)
Sjalvklart Inte
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in Swedish)
Sjalvklart Inte
Under the Florida Rules of Appellate Procedure, there are not special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in Swedish)
Sjalvklart Inte
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. (Please answer in Swedish)
Sjalvklart Inte
Under the Hawaii Rules of Appellate Procedure, a condensed record statement need not be served on the appellee. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Swedish)
Sjalvklart Inte
Under the Hawaii Rules of Appellate Procedure, a record cancellation request need not be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment. If the reporter has been paid, a record cancellation request need not be accompanied by a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Swedish)
Sjalvklart Inte
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he need not request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a request is filed, the request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. (Please answer in Swedish)
Sjalvklart Inte
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. (Please answer in Swedish)
Sjalvklart Inte
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. The Court of Appeals will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Swedish)
Sjalvklart Inte
When it comes to consent defenses to intentional torts, consent can be a valid defense even if the defendant exceeded the consent provided by the plaintiff. (Please answer in Swedish)
Sjalvklart Inte
When it comes to consent defenses to intentional torts, consent to a medical procedure that is required to save a patient's life can never be implied if the patient cannot give consent because or her or his mental state. (Please answer in Swedish)
Sjalvklart Inte
In general, contingent payment debt instruments rules do not apply to debt securities that provide for one or more contingent payments of interest or principal. (Please answer in Swedish)
Sjalvlart Inte
This item refers to an ancient Scandinavian poet (especially in the Viking period). The item is the counterpart to the Anglo-Saxon scop.
Skald
This item refers to a rollicking form of verse used by the English poet John Skelton. The item consisted of short lines rhymed in groups of varying length designed to suggest unconventionality and lack of dignity. Example: But to make up my tale, She brueth noppy ale, And maketh thereof sale To travellers, to tinkers, To sweaters, to swinkers, And all good ale-drinkers, That will nothing spare But dryncke till they stare And bring themselves bare, With now away the mare And let us slay Care, As wise as an hare
Skeltonic Verse
This item refers to an unstressed syllable
Slack Syllable
This item refers to an informal public performance and competition by poets. The item was first introduced in Chicago in 1990 and quickly spread across the US
Slam
This item may also be referred to as near rhyme, oblique rhyme, off-rhyme, or pararhyme. The item usually takes the form of true rhyme that is substituted for assonance or consonance.
Slant Rhyme
This item refers to comedy involving physical action, practical jokes, and actions such as pie throwing and pratfalls.
Slapstick
Pineapple Caipirinha
Small pineapple wedge 2 tsp. superfine or demerara sugar Ice cubes 2 fl. oz. Cachaca
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable The presence of this fact will make it less likely that external factors are reducing firm profitability
Small supplier power
Maroon 5, Misery
So scared of breaking it That you won't let it bend And I wrote two hundred letters I will never send ... Not that I didn't care It's that I didn't know It's not what I didn't feel It's what I didn't show So let me be and I'll set you free
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% To solve this case problem, someone should do this item first
State that she or he will answer the two posed questions one by one
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in Spanish)
Sí
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The holder will increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in Spanish)
Sí
In Law's Empire (1986), Dworkin argues law is composed of rules and other standards such as policies and principles. (Please answer in Spanish)
Sí
In Law's Empire (1986), Dworkin argues that, when applying a principle in a case where no specific rule of law applies, the judge is constrained by the principle and the principle limits discretion in case adjudication (Please answer in Spanish)
Sí
In The Morality of Law (1964), one of Fuller's principles of procedural morality in legislation is that rules cannot be contradictory (Please answer in Spanish)
Sí
In The Morality of Law (1964), one of Fuller's principles of procedural morality in legislation is that rules must be publicly published (Please answer in Spanish)
Sí
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in Spanish)
Sí
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. The projected payment schedule is based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Spanish)
Sí
In the Concept of Law (1961), Hart argues that secondary rules that are rules of adjudication can resolve problems associated with inefficiency that might arise in a society with no courts. (Please answer in Spanish)
Sí
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in Spanish)
Sí
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Spanish)
Sí
To satisfy the conversion intent element, the tortfeasor must intend to assert dominion or control over the goods in a manner that is inconsistent with the owner's rights. (Please answer in Spanish)
Sí
Trespass is only actionable if a wrongdoer's conduct causes tangible matter to invade or enter a land owner's real property. (Please answer in Spanish)
Sí
Under Federal Rule of Evidence 612, a cross-examining lawyer generally is not entitled to production of any documents the witness reviewed before the trial. (Please answer in Spanish)
Sí
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in Spanish)
Sí
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Spanish)
Sí
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Spanish)
Sí
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Spanish)
Sí
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Spanish)
Sí
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in Spanish)
Sí
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. (Please answer in Spanish)
Sí
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
Sí
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Spanish)
Sí
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. The Court of Appeals generally can transfer cases to the Supreme Court sua sponte. (Please answer in Spanish)
Sí
Under the Revised Model Business Corporation Act, ten percent of the shareholders can call a special meeting. (Please answer in Spanish)
Sí
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document should be served on the other parties to the case in person or via mail. (Please answer in Spanish)
Sí
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Spanish)
Sí
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Spanish)
Sí
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Spanish)
Sí
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income. (Please answer in Spanish)
Sí
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will be treated as ordinary income that will be applied against the accrued market discount but will not be included in the filer's income. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Spanish)
Sí
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. (Please answer in Spanish)
Sí
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Spanish)
Sí
When it comes to consent that waives the Fourth Amendment's warrant requirement, consent to a search or seizure is not valid if it was given with coercion. (Please answer in Spanish)
Sí
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. In response to this information, Speaker 2 should consider doing this item before providing takeaways
Taking a minute to analyze the information
For U.S. holders, interest from debt is never taxed differently depending on whether the debt is issued without an original issue discount, with an original issue discount, or with one or more contingent payments of either interest or principal. When it comes to debt instruments issued for money, the issue price is the first price at which a substantial amount of the debt instruments are sold to parties that are not bond houses, brokers or other persons acting in the capacity of underwriters, placement agents, or wholesalers. (Please answer in German)
Teilweise Wahr
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. (Please answer in German)
Teilweise Wahr
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in German)
Teilweise Wahr
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. The result is that if a U.S. debt holder is on a cash accounting method, she, he, or it must include the original issue discount in income before receiving the cash attributable to that income. The holder will not increase its adjusted basis in the debt to reflect the amount of the original issue discount included in income. Issuers of publicly issued original issue discount instruments need not file IRS Form 8281 with the IRS. (Please answer in German)
Teilweise Wahr
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. (Please answer in German)
Teilweise Wahr
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder need not include an estimated yield on the debt which may exceed the cash payments that are actually received nor make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in German)
Teilweise Wahr
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. If a debt instrument is a contingent payment debt instrument, regardless of whether the U.S. holder is on the cash or accrual accounting method, the holder accrues interest income and must include it in income based on a projected payment schedule. The projected payment schedule is not based on the issuer's comparable yield - the rate at which the issuer could issue a fixed rate debt instrument with similar terms ignoring the contingencies. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in German)
Teilweise Wahr
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is eligible for a lower interest tax rate under an applicable treaty, the issuer need not withhold the 30% tax even if the non-U.S. holder has not filed IRS Form W-8BEN or W-8BEN-E. (Please answer in German)
Teilweise Wahr
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. (Please answer in German)
Teilweise Wahr
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in German)
Teilweise Wahr
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. If contingent payment debt instrument rules do not apply, on the sale, exchange, or retirement of a debt instrument, a U.S. holder will recognize a gain or loss equal to the difference between the amount realized on the sale, exchange, or retirement and the U.S. holder's adjusted basis in the debt. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment, a practitioner should not subtract any accrued interest from the amount realized on the sale, exchange, or retirement before taking the latter figure and subtracting the adjusted basis. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is not equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule applies to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline does not extend to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule applies to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in German)
Teilweise Wahr
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. A similar rule does not apply to appeals in Hawaii, South Carolina, Florida, Kentucky and Arkansas. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. A similar rule does not apply to appeals before the Supreme Court of the United Kingdom, Tennessee Supreme Court, North Carolina Supreme Court, and Texas Supreme Court. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity must remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity need not remain confidential during the course of the appeal. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is not waived and once the appeal notice is filed the lower court clerk will transmit the record more than two days after receiving notification. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has more than seven days to decide the case and retains no discretion to call for further briefing and oral argument on the matter. (Please answer in German)
Teilweise Wahr
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. In these appeals, the filing fee for the minor is waived and once the appeal notice is filed the lower court clerk will transmit the record within two days. The appellant's identity need not remain confidential during the course of the appeal. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is not reversed. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it may serve objections or proposed amendments to the statement within ten days of receiving the document. A condensed record statement need not be submitted to the trial court for approval and inclusion in the record. The record cannot be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Once an appellee receives a condensed record statement, she, he, or it need not serve objections or proposed amendments to the statement within ten days of receiving the document. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can never submit an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. A record requestor can never be exempt from the transcript payment or deposit requirement and the reporter can never waive the payment requirement. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Unless a record requestor is exempt from the transcript payment or deposit requirement or the reporter has waived the payment requirement, payment is required for the reporter to prepare the record. Once a record transcript is completed and paid for, the reporter usually will not file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date or enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it need not designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record need not be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request must be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A sample transcript record request is not available online. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. A transcript request can not be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. If a record cancellation request is filed, the other parties in the appeal then have more than ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. The request need not be served on the other parties to the appeal and, the appellant must include a service certificate or a Judiciary Electronic Filing System notice for the request in the record. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties do not have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he need not file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can never prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record need not be served on the appellee within ten days of filing the appeal notice. If a reporter is unable to prepare the record, a party can never ask the reporter to turn the task over to another reporter. If a reporter is unable to prepare a record, a party can prepare a condensed statement to serve as the record using the best available means including her or his own memory. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion does not suspend running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Teilweise Wahr
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has more than ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The transfer motion suspends running time deadlines in the Court of Appeals until the Supreme Court grants or denies the motion. When assessing transfer motion, the Court will not evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. Capital cases in the Court of Appeals are not automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in German)
Teilweise Wahr
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in German)
Teilweise Wahr
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Every filed document need not be served on the other parties to the case in person or via mail. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate need not be signed by the server nor, disclose the date and manner of service, the name of each served person, or server certification. Unlike the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure do not adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in German)
Teilweise Wahr
Under the Tennessee Rules of Appellate Procedure, generally, filings need not be submitted with a service certificate. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in German)
Teilweise Wahr
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in German)
Teilweise Wahr
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in German)
Teilweise Wahr
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure do not require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in German)
Teilweise Wahr
Under the Texas Rules of Appellate Procedure, generally, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers need not be redacted from all filings. A similar rule does not apply under the North Carolina Rules of Appellate Procedure. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, generally, counsel need not notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page of a conventional filing. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is jurisdictional. The Court of Appeals may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will also dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, will not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he need not provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals will also not dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in German)
Teilweise Wahr
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, it is not the case that a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. Any gain on the sale, exchange, or retirement of debt that was purchased at a market discount will not be treated as ordinary income that will be applied against the accrued market discount and the gain will be included in the filer's income. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in German)
Teilweise Wahr
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can never recognize a long-term capital gain or loss that is taxed at a preferential rate. When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if the contingent payment debt instrument rules do apply, any gain realized on the sale, exchange, or retirement of a debt instrument will never be treated as ordinary income. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in German)
Teilweise Wahr
When it comes to tax consequences for U.S. debt offerings, an original issue discount is de minimis if it is less than .25% of the debt's stated redemption price at maturity multiplied by the years to maturity. For payment in kind debt securities, zero coupon bonds, and debt that is issued with more than a de minimis amount of original issue discount, payments on a debt security other than qualified stated interest are treated as part of the debt's stated redemption price at maturity. Qualified stated interest is not stated interest that is unconditionally payable at least annually in cash or property at a single fixed rate or at a single qualified floating rate or objective rate. (Please answer in German)
Teilweise Wahr
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in acquisition
The acquired firm would have a customer base
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in acquisition
The acquired firm would have an existing product
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in acquisition
The acquired firm would have distribution channels
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in acquisition
The acquired firm would have industry knowledge
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one benefit of entering the market via in acquisition
The acquired firm would have market share
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% If you use the equation (Profit = Revenues - Cost), this factor makes it more likely that the addition of an additional passenger will add profits to the firm's bottom line
The addition of one passenger has a negligible impact on the flight's cost
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in acquisition
The firm can not afford to acquire a firm that could obtain 5% market share
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in acquisition
The firm can not afford to acquire a large brand in the industry
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one takeaway that Speaker 2 might offer
The firm cannot get 5% of the market in units
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Upon hearing that the firm has no experience making electronic instruments, Speaker 2 might draw this conclusion
The firm does not currently have the knowledge to make headphones
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one takeaway that Speaker 2 might offer
The firm is larger than the high end headphone industry
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in acquisition
The firm would have to purchase a smaller player in the industry
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This is one disadvantage of entering the market via in acquisition
The firm would likely end up overpaying in an acquisition
Depeche Mode, Everything Counts
The handshake seals the contract From the contract, there's no turning back The turning point of a career In Korea being insincere The holiday was fun-packed The contract still intact The grabbing hands grab all they can All for themselves, after all The grabbing hands grab all they can All for themselves, after all (It's a competitive world)(Everything counts in large amounts)
Coldplay, Clocks
The lights go out and I can't be saved Tides that I tried to swim against You've put me down upon my knees Oh, I beg, I beg and plead, singing Come out of things unsaid Shoot an apple off my head, and a Trouble that can't be named A tiger's waiting to be tamed
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one takeaway that Speaker 2 might offer
The market is not price sensitive
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 1: Our client's revenues were $850 million last year with profits of $175 million Speaker 2: That's just a little more than 20 percent profit margin. Is that normal in the musical instrument industry? Speaker 1: It's toward the high end. Our client makes only acoustic instruments. Speaker 2: So no electronic experience Speaker 1: I'm going to do a little data dump here. I want you to analyze the information and then give me at least five takeaways. We know that the high-end headphones market is growing at 75 percent a year. Say high-end headphones are any headphones that sell for $100 or more. The market leader is Company A and they have 60 percent of the market, and we'll say they did $400 million in sales. Company B has 20 percent, and the remaining 20 percent is made up of 24 other players from C to Z. And you have some big name brands in there as well. The last bits of information are some prices. We'll assume that each of these players has only one headphones product in the high-end category just to make life easier. Company G sells its headphones for $100, Company C is $125, Company A is $225, and Company B is $425. This item is one takeaway that Speaker 2 might offer
The market size is about $660 million
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him This item is one way the firm could enter the high end headphone market
Third party outsourcing
Mr. and Mrs. Andrews, 1750 Painter
Thomas Gainsborough
Mrs. Richard Brinsley Sheridan, 1785-1786 Painter
Thomas Gainsborough
The Honourable Mrs Graham, 1775-1777 Painter
Thomas Gainsborough
The Raft of the Medusa, (1818-1819) Painter
Théodore Géricault
A CEO of a publishing company that produces a line of educational magazines as well as a line of women's magazines as hired an MC firm. Both businesses are profitable but are not growing quickly. She wants to start a third monthly magazine in the US targeted at 30-50-year-old men (e.g. GQ Magazine). Her stated goal is to generate circulation revenues of $10 million in the first year. She has hired the firm to figure out whether this is possible The total US population is approximately 320 million. Assume an average life span of 80 years and an equal age distribution up until the age of 60, with half the density above that age. This equation can be used to estimate the total market
Total Population x .9 = y y x (1/3) = a a x (1/2) = ~ Total market (round up for a round number) or 320 million x (.9) = 288 million 288 million x (1/3) = 96 million 96 million x (1/2) = 43 (round up to 50)
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Give a brief description of the key areas that should be focused on to analyze the problem. In answering this question, someone should focus on this item
Tourist Consumers
Jackson 5, I Want You Back
Uh-huh huh huhhh. Let me tell ya now. Uh-huh. Mmhhmmm When I had you to myself, I didn't want you around. Those pretty faces always made you stand out in a crowd. But someone picked you from the bunch, one glance was all it took. Now it's much too late for me to take a second look.
Your client is a US firm which owns a meat packing plant in Spain. Over the last few periods profits at this plant have steadily declined, despite growing sales. A firm has been hired to figure out why. Additional information: 1. The suppliers are independent farmers with little power against the client 2. The market is fairly regional; hence transportation costs and competition have not changed dramatically 3. No substitute product has been introduced 4. Production costs have remained stable The presence of this fact will make it less likely that external factors are reducing firm profitability
Unchanged industry competition
Speaker 1: Our client is Harley-Davidson Motor Company. Its stock fell from $54 a share to $49 a share on news of declining profits. What's going on and how can we turn this around? Speaker 2: Our client is Harley-Davidson. Its stock fell from $54 to $49 a share on news of declining profits. We need to figure out what's going on and how to fix it. Speaker 1: It looks as if Harley customers are buying fewer new bikes, fixing up their old bikes, and buying some garb to make themselves feel good and look bad. Speaker 2: Okay, good. Let's talk about costs Speaker 1: Come up with some long-term strategies. Speaker 2: Can I take a moment to jot down some ideas? This item is a long term strategy that Speaker 2 might mention.
Use Non-Steel Composites
A land owner's interest in exclusive use and possession extends vertically and horizontally from the land. (Please answer in Italian)
Vero
Accident is a valid defense to a trespass to chattels claim because it contradicts the intent element. (Please answer in Italian)
Vero
An offeree's power of acceptance can terminate via death. (Please answer in Italian)
Vero
An offeree's power of acceptance can terminate via direct revocation. (Please answer in Italian)
Vero
Consent is a valid defense to a trespass to chattels claim because it contradicts the intent element. (Please answer in Italian)
Vero
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. (Please answer in Italian)
Vero
If an issuer purchases a debt instrument that is not a contingent payment debt instrument in the secondary market for an amount exceeding the remaining principal on the debt, she he or it has purchased the debt at a premium. A holder can include a premium in a bond's basis which may result in the recognition of a deductible capital loss once the debt matures. (Please answer in Italian)
Vero
Most non-U.S. holders that purchase debt securities sold by U.S. holders qualify for a portfolio interest exemption that exempts the non-U.S. holder from paying U.S. withholding tax after the purchaser completes IRS Form W-8. A portfolio interest exemption is not available for controlled foreign corporations that are directly or indirectly related to the issuer through stock ownership, persons that actually or constructively own ten percent or more of the total combined voting power of all a firm's stock classes with voting rights, or banks that have invested in the concerned debt security as a credit extension in the ordinary course of its trade or business. If a non-U.S. holder is not eligible for a portfolio interest exemption, she, he, or it must pay a withholding tax on the interest payments unless the rate has been reduced by an applicable income tax treaty or the interest is effectively connected with the non-U.S. holder's U.S. trade or business and the holder has filed out IRS Form W-8ECI. (Please answer in Italian)
Vero
Private law can impose duties on an employer's business activities and her or his relationship to a plaintiff that cannot not delegated to an independent contractor. (Please answer in Italian)
Vero
Under the Second Restatement on Choice of Law's most significant relationship test, a court can consider protection of justified expectations. (Please answer in Italian)
Vero
Under the Second Restatement on Choice of Law's most significant relationship test, a court can consider uniformity of result. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Compliance with the filing deadline is not jurisdictional. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. Generally, the Court of Appeals will not dismiss an appeal for a defect in an appeal bond or letter of credit. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Vero
Under the Virginia Rules of Appellate Procedure, once an appellant files an appeal bond or irrevocable letter of credit, she or he must also provide notice of the filing to opposing counsel. The Court of Appeals, however, may dismiss the appeal if the appellee files an objection to the document within twenty-one days of its filing and the appellant fails to correct the problem within twenty-one days of the objection's filing and is unable to convince the appellate court that the filing is not defective. (Please answer in Italian)
Vero
When it comes to agency termination, if an agent materially breaches a fiduciary duty owed to the principal, the agency relationship can terminate. (Please answer in Italian)
Vero
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss is a long-term capital loss. (Please answer in Italian)
Vero
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, if a U.S. holder realizes a loss and held the instrument for more than one year, the capital loss is a long-term capital loss. In tax transactions where the contingent payment debt instrument rules apply, a U.S. holder's adjusted basis equals the original cost of the debt plus any amounts previously included as interest income under the projected payment schedule minus the amount of any non-contingent payments and the projected amount of any contingent payments that were made on the instrument (Please answer in Italian)
Vero
When it comes to consent defenses to intentional torts, to demonstrate the existence of consent implied by law, a claimant must show that it was necessary to make an immediate decision (Please answer in Italian)
Vero
A land owner's legally protected interest in the airspace above her or his property extends for a reasonable distance. (Please answer in Latin)
Verus
A land owner's legally protected interest in the grounds below her or his property extends for a reasonable distance. (Please answer in Latin)
Verus
A possessor's destruction of an owner's goods can constitute conversion. (Please answer in Latin)
Verus
A trespass to land claim is an act of physical invasion of the land of another with intent and causation. (Please answer in Latin)
Verus
Conversion can occur when a wrongdoer obtains possession and title to goods through fraud or theft. (Please answer in Latin)
Verus
For floating rate debt that was issued without an original issue discount, interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. (Please answer in Latin)
Verus
For floating rate debt that was issued without an original issue discount, interest is generally taxable to the U.S. holder as ordinary interest income at the time the interest is paid if the holder is using a cash accounting method or accrued if the holder is using an accrual based accounting method even where the debt qualifies as a variable rate debt instrument and the debt pays interest at a single qualified floating rate or objective rate at least once every year. Floating rate debt that varies with the London Inter Bank Offering Rate is generally treated as a variable rate debt instrument in addition to commercial paper rate notes, primate rate notes, treasury rate notes, CD rate notes, and federal fund rate notes. (Please answer in Latin)
Verus
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. (Please answer in Latin)
Verus
If a U.S. holder has purchased original issue discount debt for an amount greater than the debt's adjusted price but less than the debt's stated redemption price at maturity, she, he, or it has acquired a premium in the amount of the difference between the debt's adjusted price and the debt's stated redemption price at maturity. Here, the holder must reduce the original issue discount includible in income every year by the amount of the premium that is allocated to that year. (Please answer in Latin)
Verus
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. (Please answer in Latin)
Verus
If a U.S. holder's debt securities were issued with more than a de minimis amount of original issue discount, she, he, or it must include the original issue discount in income over the term of the note on a constant yield basis based on a compounded yield to maturity. Issuers of publicly issued original issue discount instruments must file IRS Form 8281 with the IRS. (Please answer in Latin)
Verus
In Law's Empire (1986), Dworkin argues that positivists are incorrect to claim that law and morality must be kept separate when the nature of law is being investigated. (Please answer in Latin)
Verus
In Law's Empire (1986), Dworkin argues that positivists are incorrect to claim that law is made up of only, one, factually identifiable and objectively verifiable type of standard. (Please answer in Latin)
Verus
In general, contingent payment debt instruments rules apply to debt securities that provide for one or more contingent payments of interest or principal. When it comes to contingent payment debt instruments, a U.S. holder will include an estimated yield on the debt which may exceed the cash payments that are actually received and the holder will then make positive or negative adjustments to previous interest income inclusions if actual contingent payments differ from projected payments. (Please answer in Latin)
Verus
In many states, if a murder is committed in the course of this dangerous felony, it will be classified as first degree murder. (Please answer in Latin)
Verus
In the Concept of Law (1961), Hart argues that secondary rules that are rules of adjudication can confer power on judicial officials to carry out the process of adjudication where a dispute has arisen, or a law has been breached. (Please answer in Latin)
Verus
In the Concept of Law (1961), Hart argues that secondary rules that are rules of adjudication can determine the appropriate sentence in criminal cases (Please answer in Latin)
Verus
Intent is an element of a land trespass claim. (Please answer in Latin)
Verus
Issuers that want to release bearer debt may be able to avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. (Please answer in Latin)
Verus
Issuers that want to release bearer debt may be able to avoid sanctions under the Hiring Incentives to Restore Employment Act and the tax code by selling the debt in accordance with TEFRA D rules. Bearer debt that is in bearer form can be treated as registered form debt if either the debt is held in a dematerialized book entry system or the bearer debt takes the form a single document representing the total debt issued, is held by a depository on behalf of the holders, is cleared and settled using a book entry system, and investors generally cannot obtain a physical certificate in bearer form. (Please answer in Latin)
Verus
Some states have statutes providing that a marriage becomes valid when the impediment to the marriage is removed. (Please answer in Latin)
Verus
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. (Please answer in Latin)
Verus
The tax due from the gain or loss on any sale, exchange, or retirement of a debt instrument will generally depend on whether the debt is subject to contingent payment debt instruments rules and whether the instrument was purchased at a discount or premium in the secondary market. The adjusted basis for the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules is equal to the original debt cost plus any amount included in income as original issue discount and the market discount minus any payments that are not qualified stated interest payments and any amortizable bond premium applied to reduce interest. (Please answer in Latin)
Verus
There is no majority rule on the extent of a landowner's interest in the exclusive possession of her or his land vertically and horizontally. (Please answer in Latin)
Verus
To succeed on a conversion claim, a claimant must prove that a defendant's conduct interfered with her or his right of ownership. (Please answer in Latin)
Verus
To succeed on a conversion claim, a claimant must prove that the defendant's interference was consistent with the owner's right of possession. (Please answer in Latin)
Verus
Under Federal Rule of Evidence 612, an examining lawyer can present documents to a testifying witness for review before a trial. (Please answer in Latin)
Verus
Under Katz v. United States, 389 US 347 (1967), if a court is examining whether an individual has a reasonable expectation of privacy in a searched area, it will examine whether the individual displays a subjective expectation that she or he will not be subject to government intrusions. (Please answer in Latin)
Verus
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. (Please answer in Latin)
Verus
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. (Please answer in Latin)
Verus
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If a deadline falls on a Saturday, Sunday, legal holiday or a day when the clerk's office is closed, the deadline extends to the end of the next day when the clerk's office is open. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Latin)
Verus
Under the Delaware Rules of Appellate Procedure, when measuring appellate time deadlines, the date of the event that triggers the start of the time period is not counted in assessing whether that deadline has passed. If the prescribed time period is less than seven days, Saturdays, Sundays, and legal holidays do not count towards the limit. (Please answer in Latin)
Verus
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. (Please answer in Latin)
Verus
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. (Please answer in Latin)
Verus
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. After the appellate court receives the record, it has seven days to decide the case and, retains the discretion to call for further briefing and oral argument on the matter. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Latin)
Verus
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. If the appellate court does not render a decision, the lower court denial is reversed. (Please answer in Latin)
Verus
Under the Florida Rules of Appellate Procedure, there are special procedures for appeal of final orders denying a waiver for parental notice in abortion cases involving minors. The appellant's identity must remain confidential during the course of the appeal. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. A condensed record statement must be submitted to the trial court for approval and inclusion in the record. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a condensed record statement must be served on the appellee. The record can be corrected or modified by party stipulation, party motion, the lower court or agency, or the reviewing court. Parties can agree on an appellate record for the reviewing court that discloses how the questions below arose and were decided by the lower court, an agreed statement of facts, a copy of the appealed judgment, and a list of the admitted or rejected evidence and exhibits. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. If a party is litigating an appeal where she, he, or it will argue that the evidence was insufficient to support a particular conclusion, she, he, or it must designate all evidence relevant to the finding or conclusion for inclusion in the record. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Once a record transcript is completed and paid for, the reporter usually will file the document in the Judiciary Electronic Filing System or Judiciary Information Management System, designate the document as the transcript of proceedings held on a given date and enter the date of the transcribed proceeding in the notes field for the corresponding electronic docket entry. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, a record cancellation request must be accompanied by a certificate confirming that the reporter has either been paid or waived prepayment, and, if the reporter has been paid, a declaration that the party ordering the transcript has submitted a deposit of the approximate cost of the transcript fees calculated in accordance with either the Hawaii Court Reporting Rules or the flat $150 per hour rate. Requests for partial portions of the record must be disclosed in a statement designating the points of error the appellant intends to present on the appeal. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. (Please answer in Latin)
Verus
Under the Revised Model Business Corporation Act, the annual meeting can be held at the place and time fixed by the bylaws. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A sample transcript record request is available online. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. A transcript request can be cancelled before the reporter begins working on the document by filing the cancellation request with the appellate court clerk and serving the filing on all parties. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, if counsel needs to include any portion of the oral proceedings in the trial court in the appellate record, she or he must request a reporter's transcript with the relevant written or recorded portions within ten days of filing her or his appeal notice. If a record cancellation request is filed, the other parties in the appeal then have ten days after receiving the request to ask for the cancelled transcript or move the appellate court for an order requiring the appellant to withdraw the cancellation request. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If a partial record is ordered, the other parties have a right to designate additional portions to be included in the reporter's record within ten days of receiving the designation statement. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Latin)
Verus
Under the Hawaii Rules of Appellate Procedure, requests for partial portions of the record must be served on the appellee within ten days of filing the appeal notice. If the appellee, for whatever reason, believes that the appellant should bear the record preparation costs for the designated portion of the record that she or he has set out, she or he must file a motion in the appellate court within ten days of the deadline for the appellant to submit her or his record designation statement. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. Capital cases in the Court of Appeals are automatically transferred to the Kentucky Supreme Court once the notice of appeal is filed in the Court of Appeals. The Court of Appeals generally can transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. The Court of Appeals generally can transfer cases to the Supreme Court sua sponte. (Please answer in Latin)
Verus
Under the Kentucky Rules of Civil Procedure, a party seeking to transfer a case from the state Court of Appeals to the Kentucky Supreme Court has ten days from the filing of the notice of appeal in the former court to file and serve a transfer motion in the Supreme Court along with a copy of the notice of appeal. When assessing transfer motions, the Court will evaluate whether the matter "is of great and immediate public importance" or is a bifurcated appeal involving two separate yet simultaneous criminal proceedings in the Court of Appeals and State Supreme Court stemming from the same trial court proceeding. (Please answer in Latin)
Verus
Under the Revised Model Business Corporation Act, a corporation must hold an annual meeting of shareholders. (Please answer in Latin)
Verus
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Latin)
Verus
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. (Please answer in Latin)
Verus
Under the Tennessee Rules of Appellate Procedure, generally, filings must be submitted with a service certificate. Under the Texas Rules of Appellate Procedure and Tennessee Rules of Appellate Procedure, the service certificate must be signed by the server and, disclose the date and manner of service, the name of each served person, and server certification. Like the Federal, Virginia, Texas, Arkansas, Mississippi, Hawaii, South Carolina, and Kentucky Rules of Appellate Procedure, the Tennessee Rules of Appellate Procedure adopt the mailbox rule for documents sent via USPS or a commercial carrier. (Please answer in Latin)
Verus
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. (Please answer in Latin)
Verus
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. A similar rule applies under the North Carolina Rules of Appellate Procedure. (Please answer in Latin)
Verus
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Latin)
Verus
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. (Please answer in Latin)
Verus
Under the Texas Rules of Appellate Procedure, driver license numbers, financial account numbers, social security numbers, tax identification numbers, passport numbers, and other government issued identification numbers must be redacted from all filings with each digit or character replaced with the letter 'X' unless inclusion of the number is necessary to the disposition of the appeal. The Texas Rules of Appellate Procedure require that an unredacted version of the filed document be maintained during the course of the appeal and related matters that are filed within six months after the final judgment is signed. If a driver license number, financial account number, social security number, tax identification number, passport number, or other government issued identification number must be included in a filing, counsel should notify the relevant appellate court clerk by mentioning that the document contains sensitive data when filing the document electronically or, for conventional filings, placing the notation "NOTICE: THIS DOCUMENT CONTAINS SENSITIVE DATA" in the upper left hand corner of the first page. (Please answer in Latin)
Verus
Under the removal impediment marriage saving doctrine, if a party that is already married gets married to someone else and the party subsequently divorces the original spouse, the second marriage can become valid because the impediment to it was removed. (Please answer in Latin)
Verus
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. (Please answer in Latin)
Verus
When it comes to calculating a market discount for a U.S. holder's acquisition of a debt instrument that is not a contingent payment debt instrument in the secondary market for a price that is less than the debt's remaining principal amount, a U.S. holder will not include her, his, or its market discount in income over the term of the debt unless the debt is original issue discount debt. The U.S. holder can elect to include the market discount currently in income as it accrues - either under a ratable method or under a constant yield method - and increase its adjusted basis in the debt by the amount of the market discount accruals (Please answer in Latin)
Verus
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. (Please answer in Latin)
Verus
When it comes to calculating the tax due on the sale, exchange, or retirement of a debt instrument that is not covered by contingent payment rules, if the debt was held for more than one year, a non-corporate U.S. holder can recognize a long-term capital gain or loss that is taxed at a preferential rate. If an individual is calculating the tax due on the sale, exchange, or retirement of a debt instrument that is covered by contingent payment rules, assuming a loss is realized, it will be treated as an ordinary loss after accounting for the net interest income inclusions that the debt instrument produced and any loss in excess of that amount will be treated as a capital loss. (Please answer in Latin)
Verus
When it comes to consent that waives the Fourth Amendment's warrant requirement, consent to a search or seizure is not valid if it was given with fraud. (Please answer in Latin)
Verus
Nuit Étoilée Sur Le Rhône, 1888 Painter
Vincent Van Gogh
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Because this is a participant-driven case question, Speaker 2 should do this item
Walk Speaker 1 through her or his notes
Rihanna and Calvin Harris, This Is What You Came For
We go fast with the game we play Who knows why it's gotta be this way We say nothin' more than we need I say, "Your place", when we leave
The One Thing
Well you know just what you do to me The way you move soft and slippery Cut the night just like a razor Rarely talk and that's the danger It's the one thing
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
What constitutes client success?
One of the partners at your firm has just walked down the hall and asked us to look into a question he wants to address in a pitch for new business. He received a call from the CEO of a national airline based on the west coast. The CEO wants to increase his company's profits and would like us to see what impact having an additional passenger on every flight would have and what it would take to achieve this goal. Additional information: 1. The airline operates for 16 hours per day 2. There are two planes on each route 3. LAX-SFO Average One-Way Fare: $100/Total Time: 2 hours/Percentage of Flights: 40% 4. LAX-SEA Average One-Way Fare: $250/Total Time: 3 hours/Percentage of Flights: 25% 5. LAX-ORD Average One-Way Fare: $500/Total Time: 4 hours/Percentage of Flights: 20% 6. LAX-JFK Average One-Way Fare: $600/Total Time: 6 hours/Percentage of Flights: 15% 7. 2 planes operate on each route and the planes operate 16 hours per day Before starting to calculate the additional revenues, someone should consider asking this clarification question
What is the number of flights on each route?
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
What percentage of the bottled water market does Coors expect to capture in five years?
Alicia Keys, No One
When the rain is pouring down And my heart is hurting You will always be around This I know for certain You and me together Through the days and nights I don't worry 'cause Everything's gonna be alright People keep talking, they can say what they like But all I know is everything's gonna be alright
Human League, Love Action
When you're in love you know you're in love No matter what you try to do You might as well resign yourself To what you're going through If you're a hard man or if you're a child It still might get to you Don't kid yourself You've seen it all before
Speaker 1: Our client is the leading manufacturer of musical instruments and is best known for its grand piano. The piano sells for $200,000. Alicia Keys, Billy Joel, and Elton John all play and record on our client's piano. The company also manufactures a slew of other musical instruments, everything from cellos and violins to saxophones and drums. These are also kind of pricey but nothing close to the piano - that's in the stratosphere by itself. The CEO called us in because he's thinking about entering the U.S. high-end headphone market. He's talking about over-the-ear headphones like Beats. He wants us to analyze the market and then make a recommendation on whether the company should enter. Speaker 2: So the leading manufacturer of musical instruments is considering entering the high-end U.S. headphones market. We've been asked to analyze the market and then make a recommendation. Are there any other objectives? Speaker 1: Yes. He's looking to get 5 percent of the high-end market within a year after entering the market. It could be 5 percent of the number of units sold or 5 percent of the industry revenues. Either one is fine with him Speaker 2 should consider asking this follow up question
Why does the client want to enter the market?
Speaker 1: Our client is Coors Brewing Company and for the last 50 years it's been advertising the fact that a key ingredient in Coors beer is Rocky Mountain spring water. The CEO calls you in to his office and says that Coors is considering entering the bottled water market. I want you to analyze the market, identify any key issues, and make a recommendation. Speaker 2: So our client is Coors and it's thinking of entering the bottled water industry. Besides conducting an industry analysis and identifying major issues, are there any other objectives I should be concerned with? Speaker 1: Yes. The CEO told the board of directors that he would increase revenues by 50 percent in five years or he would resign Speaker 2: I'm assuming that's overall company revenues. So my initial hypothesis is that by entering the bottled water industry, Coors will increase overall company revenues by 50 percent. I just want to take a moment to draw out my notes. In Speaker 2's follow up, she or he should ask for more information on this item
Why the firm wants to enter the bottled water industry
Rethinking the Federal Eminent Domain Power, 122 Yale L.J. (2013) Author
Will Baude
Nymphs and Satyr, 1873 Painter
William Adolphe Bouguereau
Marriage à-la-Mode, 1743 Painter
William Hogarth
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% This equation can be used to find total industry profit
market size after 3 years x industry net profit margin
Someone is consulting for Hertz, a global car rental company present on the European and North American markets. In Europe, it is present in most EU countries but has not yet entered the Baltic countries. Hertz has asked a firm to determine whether or not they should enter the Baltic market In the introductory meeting with Hertz's European director, he asks a consultant how to plan to approach the problem. Hertz is looking at a net profit target of at least $200k after the initial 3 years. Total Size of Car Rental Market in Baltic: $10m Annual Market Growth: 10% Industry Net Profit Margin: 5% This equation can be used to find industry market size
total market size in year 1 x annual market growth = a a x annual market growth = b b x annual market growth = c
