OOO KKK Legal Waiting in Plain English PF Sy SIE FE axe ESPERO {£2 © Bryan A. Garner BEORRK By Me RAF HH het PEKING UNIVERSITY PRESSSLA Bie: BF 01 -2007 -5269 3 EAB ( CIP) BR PRR RRS EAE ARK SM A/ (HE) MMA (Caer, B.A.) HB RRS. ICR ACHR AAP AR EL 2008. 1 (ESP. KER) ISBN 978 -7 -301 ~ 13271 ~5 I. Oi @8- WRK - BRK -Ste- ako WV. HBIS HB ASL As BE CIP SCH BEF (2007) HS 197011 (FB Gy SAE RAS IRS] (Tian ) BRA A PL AT Legal Writing in Plain English; A Text with Exercises 2001 by Bryan A. Gamer Al rights reserved. -# HB: FHRELRAS PRB: BLSAT HM RAEL: Bryan A. Garner BRK HE KE HR: BOM eB HK ew: MIME 4% 4 BS. ISBN 978 -7 ~301 ~ 13271 -S/H - 1919 th AR Be AT: TER Ee Mt it Sh: AGTEK RTH 205 G 100871 a dik http://www. pup. on 4 +H: ABIDE 62752015 RATE 62750672 MAREE 62117788 HH RRL BB 62754962 3) -F M8 FH: lew@ pup, pku. edu, en B fl &: RMT RRMA RA A BB. RE 730 86% x 980 AK 16 FEAR 16 NIK 261 FF 2008 1 AMAA 2008 4 1 ASE 1 RADE cf Bhs 28.00% a FT, ROUEAHRAARDRARZBIRSBAS. 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KEfeo YORE EMRAROHARARM, MRR HAT FAR TB. ORAL LAER RASTA, (ADE BE fe Ee ARIE Mo RSNPRS, WEGMAN RH. AKAM ARHERAS PERMA REESE. HITE TOEH, SRT REE SS MERRAH HOA. REPHEAAARMAMAAZS, (BRK BE ATLA 34000 PT EAS HATER AS EAE CH bE HR. AR AS BARAT] 2 BR UT TE ERY CA RE Fb, PDB BL eA Bl A 2 PA EAS #3—John R. Trimble ff Betty Sue Flowers, ##{IZEM AW +E BS AR BK, BHANLR AFIT RS. Trimble BR TRH 15, 25, 29 #150 AA ABE; Flowers Iss 2 WS HEAT BEER. FRAIL Z Ril Michael L. Atchley, Thomas D. Boyle, Beverly Ray Burlin- game, Charles Dewey Cole Jr. , Tina G. Davis, Jerome R. Doak, Ronald Dworkin, Lawrence Friedman, Michael A. Logan, Richard A. Posner, and Steven C. Seeger ORBEA T HOI. HIRE RTEOS ES, RRS Ray {Fdbe - DA -#HRMASOEES (SIMA BIE T RE. Hh JE Kathleen Coles, A. Darby Dickerson, Kay Kavanagh, Joseph Kimble, Karen Larsen, Kathleen O'Neill, #1 Kathryn Tullos, RDG TRE RBA). SMMSEAS ALATA Linda J. Hal- vorson HRERA-BIFA ORB T RSA mW. Beverly Ray Burlingame, Josoph F. Spaniol Jr. , David W. Schultz, Elizabeth C. Powell #1] David Bemelmans CRAZMTASMMRL) BBR WRIA T AIL. Cynde L. Horne Fl Wanda Raiford (8) FQSe HT IEAM MY ESS, Tiger Jackson HPS |B 0 Ke Ja, (EBM Karen Magnuson, ih xf AJL" iE (LATHE ABE F 1999 4, AAEM Bodleian RAAPIA, MRM BK Tony Honore ft, BRUM {AT YSU ER CEST AT EESRMR MBF Teo MBM AIL Caroline A Alexandra, ti/(12 TRORAMSEH, APMC TAR A iH Bryan A. Garner BLGRM, RBMF 2000 # 12 Al i =eNe A ee “Notwithstanding anything to the contrary contained in any other document ( or any part thereof)...” KSLAETRIS, TERRA TTI, KEKBSAKIGRA THOME, Late iueneaeT PENRO BAD IEELE AFP SIE EB ELS IS, fa He ARIE RHEE 6 EACH BA, Si, HA, ESRABMANRSE M, OPSKEREAR BAAR ET» PRIEST ESA “FF 1s” ARMOR SRR. AREA, AER EMOTK, BAMZUNSAOLREREYE OR, BRUISE A. A, YR PRR PEER LIL ROE LP IR GRILL, IER ASEM A: OR LOR. PROCITE i Ti, ROX AMAA POR, EER DR, RSE BORBRABE. SHAN, MM Aa EIA OMT Ait, HOHRAMR HOT. KHREMBEEMALSME, FRADE BATE. KBLAORERE SMT ATER Be BRS EM. RESHABH, GEAR SERS, ALAS EM, AGREE, RUM, DEALERS -BRMUTE MOA B—-, RNS MERASR-FHULE, PERMARE TAY So HOLMER HHH DA. KRAMER RARE SH (ls HR EAPO TET, TS th se A EET Ho ERHRFRRECEWA. NESE AOEE. RR hi HEERLREL HLA. EMTS BEAE ZR Bo, STRAP H, RIN KPREHEEORRELEM OE. ARMARERHT RNS OA, ERT MMA RARE ALL erm mse een ne eee aREWLALIGREF. RLF -BAEMOR, AEE TBO RIT. TEE, RSMAS HE US, FHA MORI. RE, CRRA LB RMOLRALS ARS A, HAR ORES A SBA, AI, WUE T RWB, BRERA TCHR RRAZAES. (KHSRERASEMBM, ORBIT RRES fi S. ATL LMMCEALR MMA EORE, ROKER EN iG. BRAK A, ERROR RAD. WAAR DBAS RRNA BRIER VER » PER, ROSSRAHEEROT ERE TSR: DERE ZELLER. HE, EAGER BERTIE EE TAROT ho BEA AUR. (MSL MEAT AR, BAER --B. ERA ANS . ATRACHERFHARHWA, NETIEHDSES-EBRELEOR AUR. SOR, RES EDSR OME. Re RAMS ERM, ROK MIA. HRLESTALE, PREBAARRGARRRKL. KEES EHR DMA MAEM. Fit, ESE ARMA Rca A TAS YEO S EIS AR. TE AR EER BEAASHEN, MERUSORMRURRBRES EA * KLBRABRA ERATE. ° KARA ERWALIER DEA ° HARSHOBULE, (KbAAT RAMEE. 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BL) ~~ 145 ZetH and/or PEW RIK 152 SCE BRB 154 CEN OL (A BOTS we Se A PSEC Sia ADR 156 MRAM EG RERRKASRS REA LPO EFE AW REECE AA WR CE 8 EAE TR ROL 167 SHRBHSARR—_HHREBZ— SHARKS ZRO PARAM ERAS 170 ABSWGAKS BRASS MASS R——~ 172 FRSC FS BEM SR 174 ge PRE RENMP ER 185 186 RRM RE SSR ARREAD Bikes 189 SEAT AB BURSA AE WCE OSLER ANAS Sem iideoeceoeebegets Sac cea on BARS PRONE IRN LT, \s EARS OF EIR SAID» BER TB PE EAH (demand letters) IL-8 (opinion letters) , 18 BT Rt HX & HE HK (research memos ) , HH i® ( motions ) , 34k (Briefs) , 3:3 43 (Judicial Opinions) .4-[5] ( Contracts) , 7:3] ( Statutes) A Bil (Ordinances) 945, RESHMAPIADA LIM Z Mh (LITA EB # CPE HSE S OMT. BREN 20 A (58 A BADD BWIA T A FEARS: ° REE °£ary © Peas ARSHARHLE POSE RLBE AE, PTOI TTR MSE LLx = 5 eS SMO Buuex 1 #&—REWERBR Seen HISAR A? DRESS BA — AIDES 2 Sf RASA STE SOA AAA BLA, Ben SA KAT HOC AA RERABVEUKA GM (LERS OIA ART i REE HERELE MOLE LAE SEER. THANE, RHR S. O28 ESN TAROARZLA, RAMMED AEE. RARDR BRAM SASDATAAMD ARE OER. FE LEER RETR. BO NEF REE LARA FORE HAWAII TT ALO A SE BLE EB ‘3HR. PENA HR 50 ARETE, MRR S RET CEE AS RG TPR MIR. TTERIA AS RHR, (RARE FR MNE MAAR ER ERIE. A ERT RR WERKE BSL ES BFE. WET MARAE LMA), B— FREES TURBO: And in the outset we may as well be frank enough to confess, and, indeed, in view of the seriousness of the consequences which upon fuller reflection we find would inevitably result to municipalities in the matter of street improvements from the conclusion reached and announced in the former opinion, we are pleased to declare that the arguments upon rehearing have convinced us that the decision upon the ultimate question involved here formerly rendered by this court, even if not faulty in its reasoning from the premises announced or wholly erroneous in conclusions as to some of the questions incidentally arising and necessarily legitimate subjects of discussion in the decision of the main proposition, is, at any rate, one which may, under the peculiar circumstances of this case, the more justly and at the same time, upon reasons of equal cogency, be superseded by a conclusion whose effect cannot be to disturb the integrity of the long and well-established system for the improvement of streets in the incorporated cities and towns of California not governed by freeholders’ charters, ERMRAWEBRHA? CORRES WES AT MRA ERA LLT TBR. Mune. BOR ORR IS FIL PERO FT 3 Ty ROI aT HB HS AR NC BEA ET THR PAGS AE BL DESAARARONE, KEWL, RAL PA AUT BS BO AITA RAB Le, PE —MEE MGT ERIE FARA A bs STH , RAS >A BREAD ERE REA OBER. EASA, BEPEERS FAG WASHED .— A AG EN TH IT ERS REEL +BAB SUBBNES. RLELERH-ZRES PERF HK.ge eee e uate ELSES & 3 ARNE AREF. HEMREEWE TROLL DIS—H APNE. ROVAE (Casenote) HEREN GEAR, LAME MER OE: (1) RAZ PRAM Xb (Case name and citation) ;(2) {HHH (Brief facts) ;(3) APBD (Question for decision) ;(4) ZEBERM (Holding) (5) HARE ch (Reasoning) . ERR MAT AS EAN 125 x 175 mm HY 2S BO RHR). ROMER LAIMA . BAC LAT REGAL TKLARELEAOASAS REA. ERSEZ A.B HBR TREWRERBS BEE AF EATER MGA SR: Case: Henderson v. Ford Motor Co. , 519 S. W.2d 87 (Tex. 1974) SIRE. Facts: While driving in city traffic, Henderson found that, despite repeated attempts, she couldn't brake. To avoid injuring anyone, she ran inté a pole. An investigator later found that part of a rubber gasket from the air-filter had gotten into the carburetor. Henderson sued Ford on various theories, including defective design. Her expert witness didn’t criticize the design of the gasket, carburetor, or air-filter, but did say that the positioning of the parts might have been better. No one testified that the air-flter housing was unreasonably dangerous from the time of installation. ‘Yet the jury determined that the air-filter housing was defective and that this defect had caused Henderson’s damage. Question; The expert witness didn't testify that the design was unreasonably dangerous—only that it could be improved on. Is this testimony sufficient to support a jury finding that a product's design is unreasonably dangerous? Holding; Mere evidence that a design could be made better—without evidence that the design itself was unreasonably dangerous—is insufficient to impose liability on a manufacturer, Reasoning: A person suing on a design defect must provide some evidence that the design of the product made it unreasonably dangerous. Specifically, the evidencemust show that a prudent manufacturer who was knowledgeable about the risks would not have placed the particular product in the stream of commerce. Mere speculation that a products might be improved on does not constitute evidence of a design defect. A manufacturer is not required to design the best product scientifically possible. ames 3: TSR OIS— Se HAE Serrano-Moran v. Grau-Gaztambide, 195 F.3d. 68 (1st Cir. 1999). SORIA PER HS eh B15 fee RE trike AUR SI: ORO — DRONE Floudiotis v. State, 726 A.2d 1196 (Del. 1999) SUR IRE PEER S Pe I BE DG fie EE — RS Hee BRT: RTS — BIRHIRE: Atlas Food Systems @ Services, Ine. v. Crane National Vendors, Inc. ,99 F.3d 587 (4th Cir, 1996). SURES Pe ERS Pe, 1 SE — 18 A trie 2 4 ei ee AR ae Ht Ws ae EH SM EME RAMS (Eh WAAR EM HARE RZ A AMSHS PEARLS ERRATA AAS RHE BBB rs BG 8 iB AP et FEA TER AGAMA, ABARAT HERE BAM ACHES Be EH EARL UF. RERRNVRAS ASRS R. CRIT METHtet asa, DME SES EASA MENS EA, Boe LRT EseEw SED OU FOE: 1. HERE SHAS—AFERTES, PERE RER TER; 2. ARIE RIALS es SB ASNT UL RR EBA; 3. HBA. S— Mantes 4. SRBOT IS, BEB (LS GRA BIL) GPE RE TE (BB. ESOS EF SH BRP MALY HK KALE Betty Sue Flowers 8-H HD. MEE — TPP BED Bll (1) BUF (Madman) , BBR RAR AY OIE Hs (2) ESL (Architect) , BIA RUE GH OR 32 Be aH Se He AE Hs (3) ROE (Carpenter) BI SER RAI LEE TL fF (4) Hee A (Judge) , MRE AER PLA O FRAN E—ANORRT REESE MRED RN BARE. Are EIS“ OF” RRR. MF" WT PRR, AE ERAS MRE. YE RT” AR AR TT, BESMSA. UNE KARSS CEH IL, KRELSEAICE PRBNE] , PRAT LUA RIE RTP 0 ATA DR” REE HC” BATA EE RA EA” SR THE. (AER MN SEA ERT” DEM EMNRET EME UTES “MT” Eee RFR, SURES ALL. ALL LL“ BEA” THF” BES SRbARHES. MARTERT “HF” RH RET BBS OA RAR a, EE FUG” BHI ARR RETEST o MR RE” BOS IE RE RANT iA EEL. TA, RAE" RI” Fhe METAR RENE HEL AB Aa TR SEE LH RHE BO HE HES CE Ro HE Hel Ae HE SE Ee ROU PSE E HE, ELL OR © BM Bery S$. Flowers, Madman, Architect, Carpenter, Judge; Roles ond the Writing Process, 44 Proceedings of the Conference of College Teachers of English 7-10(1979) « — gg TERS Heide UN ]BX. PRB AL CRETE, AREAS S.A” ie “SESS” TPE AY “ BU RUBS ER,” ee RADA ES" PR” ty “RE” WO PRET RE OGA RAL ALL” Ze" BR” ANTE PS an KH Ae TS Tp GENE SEB AE EE FUE AS NHRSATIS “REIL” £5 ERE — BS) HATTER PR STARS RE. SORE LE Tine T “ae” A I” eA SS. TES AU OSB NRE EF AR FE AS BK. LE BAAN TS HOS EATEN. ERS “REIN LHR RF AT ER UI” OBHALPETEEIMES 5 Ei KEV NERERWA-ABREABIL SRA HAY Ltt. MRES ONE PAH FRAGA RE EME T 0 TR OK WSLS SBATS -PSleh REL SHR NBR, FH BPE EE TH Dy QR ESE * ADE” “RESID” IT PERUSE SET — Se WE, “RE” BZ GUE AN HERE MIE MANS. REDS. RECA S AMR BAM PALER BEA" RA. NTRSCSMES BHOLEERABEN. KASS RT ME, WER BESTA. KRW SEA KA, GH WELEOTE A EREAPS LSU MAR. “BEA RSET RM i SL” AH HARIRA— EDS L RAT BU PRS ELE LE DEKE MOS Ete RE He. CORE MARAE MOSER LSM, RRKRERRLTRAS RS RS ZEA REE” BTR, RR AE Ce ALIA” DE RF” RAI OL. RANA REA LAT AAS. Att, K WX AAR ES REA THe BORO A ERE | Hee RANT Ra? , SA PR RECE BOR ELI” SG UEDS CESK BRO AOL SR IHF ES EAT]. TEL» PRT ak Hh A 9 ER ( Ee Ui Paid T ITI 2H) ES RA NERA. AME D RRL tN eaeABA EGO eS PETIA EAT A IV BBS} BEAR LCD) ,BBTEX ERS ELAR DRE S BBE Xo SEB BUT AES T EEL RF” ee A Be HRA. AL, BERSHAM SORE BIC PRAR—-FRKAD Oe. $52 FE iB $240 IF OR RD De I th A LL HE MRF" ORB. VTE SER RAEI PATA ARR ee i, CMBASCR OP: REWEGDMSOBAREH I. (RG ORI BRO LR AUS UE. ESERIES | — ARS 5 TR SS BRATS EIS BU ACT HIT ABO AR L | ORATAR BEE AT A BE a ABE BRE MRR Ze, RNAS OE, CE, ATA BHES SILI Hil. GEA PERUSE AN, ORE] LL oe MR AE RMR eI— ME eR ETE AE EET RTD BET NE) RET SABRE TH . KARR BHO Ml TE EA MA EE Fh. MER LEA BAIT RAT . BMRA SA: BCL fe 8 FR JT 1 SBE A PAU BABAR, Penfold BRAD At ASE AER RAR Se RT sf 1” AAC PFT SRB ARI? 2. MRT 3, — RA IU AA a 0 A Al Aea aR 0 eet ma hae - DARA 4 se 89 O RAR HH 0 BA RR O Lertkte ‘aaa 10°aera a SS ESRB FES Pe ND cre arecemieneRSRCEROREEETS. 0 ate CAROL TY RE AF RIA SDL OB 4, W RAAF BLAH A BRK : Thrower/ Moores 3 AY HJM : ROI Wh Mh mS FTE BS A BE SE FE He RASH. 5. ROAR: PRAGMA. AR TER ILM A. 6. Bi. MORSE T ERR TRS ES EB: SEAR HEMATOL LA TAS Ro.) SOMRABAS ARIAT . LRAT Hi PHeAEM RMN HFN. AREA IE OBR HSH Pla: ° SAT HOR BRT. ENE RO BRAS Bl 2 SHUR 0 BT We Tr Td. — FH Re EE BE Ee HAG PERSE. © lt Sie URE EN AER NEAL BAAR. ° CERATEA BBA FEN. * HTHAMMAANSEARIOD KH SL, PRA Ee SL AMER AW ALR © CHB LARNER, Mine By THE © (A RAE BAD FOE" Ate Si BETAS aR HOLE WIE. PALIN , MRED FY LL RAT MRE ICR MAF BE RFo © BAW T Sires AE, UR A i eB AR BG EE “ROUT EAT RAT” UL DUS, “RE” OLE BH RS ES OE ERA 0) MAM ET , ATR REACT TBE PRK EA BREE SHAFT AT 9 ATT ANT RE FAY Rt 57S Fs BiB DADE TS SORE OE, RAE ONE EME. EMR ETT DRAB RE £EN OPTS AL TMT ES EM AS br (TL 4 IN) ESSERE FRI SRE ER HATS EE RESID” SAAT BOD Ks TEA TL 25 Fi) LDMOS UES A AEBIL” BRE iim‘Sea 12 RT RAR ATR ER IL FRET. 4 Flowers HRW OS FPMEAA HN HRSA BES BAB SARAWAEN. RIKEBSNNRR-TADETASORA A AREA Ut. OIA BAIS es eB. HY RRR OLATHE BRS” 0 BAA”) AXCMRABS. DBR A BIC HEHIR E A BARRE . RRAN ARTE AT 99 Ha, “KE RRA AG” MARS Tl. Akl EMSS RE, SHRECRRRERLEBR HS EM, BY REBAR EA PEER R AO LHe. TK RRA — ANAL BNF REN RAMA ERA RED REALM AAR MICRA OTGR, MEEMAEBA SR, AK SSFP ROR EEE. MRAA— That MAILE 10 5) bee BFR WS BESS S RE ESUIB” , FA 25 SSPROINT ALAS REE” , FHS AY 10 5h RB BEAN” ETH ABARKN ER. KID AA Pht TE MARES BAHT H]AA REL PRA RU toe eS WBS ML ATT 2 OB BLA Ho RES ‘(ERR Ase — MES IER ( REMI T ie 7 RT LABS IRET ) 0 FA—Sk a ACRE, ANDRA TE , RS He PE RBS RK DREBREAL SAG T HRA FE Hs SE He 8 OR I (FL PIS—-KAS). MYCE, MELO REEL EY BAER TER JRE] ARGS A IF AR SH ASAE 2 "PRS: RATES — APA PRE LVR BBB: FAROESE TEMA RUSH IE. KBE AMPA AREA.SCATTER ag TEARS HIE AC aeRO, 5 3 HSERMESMAZAS AH TERA HORA BRIS BOR EATER IER, LEKMLA RES (EH Blt HOBARKRY HARE ca FP aE OT HR TIE ELEMPSHPERR STOMA RAK. in, MEFRFA AA MORSE A BeHE: ELL ( assignment) #8 25 ( default ) , 28 ft ( delivery ) . Ji (indemnity) 340 (notices) fF8k (payment) RFF (remedies) Fo AT HE SCAT BATON eR FE OS A TDW, RO es RH A IE Rate. 7 ATA UBTEL OL AUS HE, RR PE ABS EIN TEIN Se EL. HE SER, ASFA RE OR PE, ORT OT CREME FUGA. KAUR FE RA MRI A CC aT Bho RTT, ESPEN OLAS EE ML: ‘This is an appeal from an order of the Circuit Court of Jackson County entered February 10, 1999, affirming the June 20, 1998 order of the Mississippi Workers’ Compensation Commission directing the Jackson County School District to pay immediately the assessed amount of $52,218 to the South Mississippi Workers’ Compensation Fund. WEASWRETIS, LEON MARE ARAM RSENS REM SEE BPSD ERS BI SESH RS UPS UATE T (RACIST BEF RBI BE AE A IH F BA RPE BNR AUTIAL I (amicus brief) , WIE T ZEM FoREEDE SEAT ANE ANAL PR AME PB PUA AO ARR DPA A EE AEE, “hold” TAO AES LSS FIST RAAT AEE I. Introduction The Court of Appeals held that capability of the lease to produce in paying quantities does not hold an oil and gas lease after the primary term and that actualmarketing is necessary to perpetuate the lease in the secondary term. The Court of Appeals’ holding is contrary to the fundamental principle of Arkansas oil and gas law that marketing is not essential to hold a lease where there is a well capable of producing in paying quantitie The Court of Appeals’ decision will create title uncertainty in thousands of oil and gas leases in the state. As this Court is well aware, thousands of wells across Arkansas have been shut in or substantially curtailed from time to time. Under the Court of Appeals’ decision, it will be argued that many of these currently productive and profitable Arkansas oil and gas leases terminated years ago if there was a timeframe when gas was not taken from the lease in paying quantities for the period specified in the cessation of production clause—olten as short a time as sixty days. The issues of this case already affect a dozen or more cases now being litigated in Arkansas. The Court of Appeals’ decision will encourage waste of a valuable natural resource and harm lessors and lessees by requiring continuous marketing of gas even at fire-sale prices. URES FAS FBR? RASTA ERIE? PHILA DRE—F LARP ERR. WER CAMEL RH HES TED A, — ee Be i A a se 8G, FR thi ee SABHA SIE Tihs Ho abeech ty GAS A BULB DSS) o I. Introduction Since first considering the issue more than 30 years ago, the Arkansas Supreme Court has consistently held that the word “produced” ~-as used in the habendum clause of an oil-and-gas lease-means “capable of producing in paying quantities. ” The Court of Appeals in this case overrode that settled principle by holding that; (1) capability to produce in paying quantities does not maintain an oil-and-gas lease after the primary term—rather, gas sales and deliveries are necessary to perpetuate a lease in the secondary term; and (2) the cessation-of-production clause is a special imitation to the habendum clause. The court further held, incorrectly, that equities may be ignored in determining whether a lease terminates,EAS (EMM SER BUM conmescenareceie Rt niepeeaarenteCCR These holdings, besides being legally incorrect, are apt to prove catastrophic, since they will create title uncertainty in thousands of oil-and-gas leases in this state. As this Court well knows, thousands of wells across Arkansas have been shut in or substantially curtailed from time to time. Under the new ruling, litigants will argue that many currently productive and profitable Arkansas. oil-and-gas leases actually terminated years ago, when, for whatever reason, gas, was not taken from a lease in paying quantities for the period specified in the cessation-of-production clause—often as short a time as 60 days. Indeed, the issues in this case already affect a dozen or more Arkansas cases in various stages of litigation. The Court of Appeals’ decision, besides encouraging waste of a vital natural resource, and besides spawning needless litigation, will harm lessors and lessees alike by requiring continuous marketing of gas, even at fire-sale prices. PES—TROREVLMURSRNREMAY. RESBER— KR BXMBNE, B—Bia BASH? BREA BALAI RON RABE 27 KRAMER TS ehMT Ame? & a SmsS: AS Fike AE I. DAES AF FF SK: “In March 2000, Gilbert Spaulding applied to the Workforce Commission for extended unemployment benefits.” ASHES — PIAS A) FEE © The lower court did not err by affirming the Workforce Commission's denial of Spaulding’s request for extended unemployment benefits , since those benefits were not available during the period for which he sought eligibility. (ERCP IDS FL AI OE EB © ‘The state supreme court reversed the intermediate appellate court's affirmance of a summary judgment granted to Pilsen Corporation, the plaintiff, which had only requested a partial summary judgment on the discrete issue of fraud. © The issue is whether Davis Energy has granted its neighbors an easement to ause a private road that enters a Davis fuel-storage yard, when for three years Davis has had a guard at the road’s entrance but has posted no other notice about private property or permission to enter, and for seven years the owners of adjacent property have used the road to reach their own property. © The plaintiff Los Angeles Dodgers, corporation with offices and its principal office in Los Angeles, California, is the owner of a professional baseball team that, since 1958, has played baseball in Los Angeles, California, and before 1958 played baseball in Brooklyn, New York, under the name “the Brooklyn Dodgers. ” But in that year moved the site of its home games from Brooklyn to Los Angeles. BAS: BUEREONAER RAS PRBS. PP AR ALE BBD BO TNER TE ARIE BK * This action arose ou’, of a request by Pan-American to cancel its surety bond posted with the Land Reclamation Cominission to ensure reclamation on a portion of the Prelancia Fuels mine site. The Commission filed a petition for declaratory judgment and application for a temporary restraining order and preliminary injunction on February 16, 1996, to determine whether Pan-American could lawfully cancel its surety bond. Pan-American made its request after legislation had been passed that, according to Pan-American, would increase its liability under the bonds. The trial judge disagreed with Pan-American, At the request of the Commission, after a brief evidentiary hearing, a temporary restraining order and preliminary injunction were granted on February 16, 1996, preventing Pan-American from canceling the bond at issue until final judgment on the declaratory-judgment action. © In Sinclair, the court awarded the niece of Sinclair a constructive trust. Sinclair's niece was suing Purdy’s estate for one-half interest in property that she claimed her uncle owned and had promised to bequeath to her in exchange for caring for him until his death. The court observed that the property was purchased in: his sister's name. This was done for business purposes and because he and his sister shared a close relationship. There was also an agreement between the siblings that thesister would, be allowed to keep only’ half the property. The court ruled that withholding the property from the niece would be @ breach of promise; hence, a constructive trust was awarded in favor of the niece. © Kathcart filed the instant patent application on April 11, 2000, niore than one year after he filed counterpart applications in Greece and Spain on November 21, 1998. Kathcart initially filed an application in the U.S. on November 22, 1997, claiming most of the same compounds as in the instant application. When he filed abroad, however, in 1998, he expanded his claims to include certain ester derivatives of the originally claimed compounds. It is the claims to these esters, which Katheart has made the subject of a subsequent continuation-in-part application, the application now before the court, that are the issues here. Both foreign patents issued prior to the instant application in the U.S. , the Greek patent on October 2, 1999, and the Spanish patent on January 21, 2000. BBA: WHERE WHALER AMPH, feb S— He GRAB OTANI RAS SRR RAE. RENCE hil REO NA HAAG SRR HERS PRA BORE aR ARES PEBERRS He SS OE S — HRT AE iF. CHRD BHREEM SAD STEP RE ATER ARS ‘SEHR SEA NBL CIE, ORS BEY SF BE 0 SB HY USS 0 GE RE THERM SSAA NPE, AS HAL EI ( LEAT FEB UMM) WBS. AU RB DARI Sao METEORS RHODES. MEATLESS ONE MRT RA. ZMAHEE TER ORR RT BE RH A mda “waa ornmmnascreora ES are Te et Ee LOGUE BB IEA, REONSRE, SRME SM. 5 EIR ( memo) AIR (brie), RANGES AS Bi — ATMA, SE Sa” FR REE Mo ESSE RBE ES SUAS RE— MISH BIE A LA eee, KEBAB REZ PRBS SARE MM AT Eee Ss Bee AR SRE, EFRAGR. NAR DAS 2 aS RTA bth me BIA TERRA. HATHA #710 ( subheadings ) BYE HATA, te tA mH SB ee BH Hg, TO 5) BS He AS (OI HEB at ch 1B BE HK Bw, FS, HSE PRAY Oe LPR STARR SELES Re} as ERRATIC By i Pe He . ABE BE ARIAS! (126 8 RRM EDIRC AREA sya, © Sabo: TRA. * SNE A hi ARH EL basy * CAVETRS pam. AER * CATT CRAMER. * DRA BERD ABSUASAK RROD ERR RAR | “SHUN” (83S 45 4h). | ia: STC HOATH De SAREE LN (RS aa FGRES KARR, LSE . WETTER — Bis, bes EIA. Bee erty iF RRAEHARS. 4.5 Upon the additional property closing, the Purchaser will; CA) authorize the title company to release the additional property escrow fonds to the Additional Property Seller; (B) execute and deliver such documents as may be reasonably required by the Additional Property Seller or the title company; (C) deliver a certificate of good standing, a certificate of Purchaser's corporate existence, and copies of all documents requested by the Additional Property Seller toshow the Purchaser's corporate existence (D) execute and deliver the additional bill of sale, assuming the obligations under the additional contracts from the date of the additional property closing and the obligation relating to the physical and environmental condition of the additional property 5 (E) at the additional property closing, Purchaser and the Additional Property Seller will execute and deliver an additional closing statement setting forth the amount held in the additional property escrow and all prorations, adjustments, and credits to that escrow, and, if necessary, a post-closing agreement for the additional property closing for any adjustments based on estimates that are to be readjusted after the additional property closing. SERA F 4.5 BOR MEBEZE T 4.1,4.2,4.3,4.4,4.6 SHEED HAA AERA BRE. RAY APRA AT HE TARE BHERAS. FA te RT «SARA MKD FL, BG EB TI AAERRET ARB.” PERMAERY—-TH DRM. AKAM HARRAATHA EME. HP RREA— FRET RERDARRADY aR: 4.5 Purchaser's Obligations upon Closing. Upon the additional property closing, the Purchaser will: (A) authorize the title company to release the additional property escrow funds to the Additional Property Seller; (B) execute and deliver such documents as may be reasonably required by the Additional Property Seller or the title company ; (C) deliver a certificate of good standing, a certificate of Purchaser's corporate existence, and copies of all documents requested by the Additional Property Seller to show the Purchaser's corporate existence; (D) execute and deliver the additional bill of sale, assuming the obligations under the additional contracts from the date of the additional property closing and thempgs FB et ee REST obligation relating to the physical and environmental condition of the additional property ; (E) at the additional property closing, Purchaser and the Additional Property Seller will execute and deliver an additional property escrow and all prorations, adjustments, and credits to that escrow, and, if necessary, a post-closing agreement for the additional closing statement setting forth the amount held in the additional property closing for any adjustments based on estimates that are to be readjusted after the additional property closing. (E)PRUARRRA SARE. (KEPT MAS LB 9 hz) BUTS Se HE TRE US EIA BO BL FLL RB SPY OR AE AS BAT FAUT ERE T (RAS PRB PEAY NRA TL BE Fl. . & 3 R-MST 1950 FMOALELERA ARKHAM R RAK ORE MLS APR. ARUN RR me EEL, TATE LATTE. SR ORGES REO (ede a LB SEL AE PRI DNR LARA SARTO HL PRES: SA ROA SER HH — MLE , HEE > ey = BIE BIASES Bia. MEAS RATER. MRS ERE S (eB RR PEAT REDE BOAT DL BE A TBE BRE: TAR HR RAIA 3) BEE IB BALS ( proay stateriont) REAM (prospectus), HR ABS HM LRERM. BAHPETUS WM Garner, Securities Disclosure in Plain English §§ 41-43 (1999) . DRE LE RRO T Me EA DS ABE. RES SERSSkah goa = BEARS PENSE AU x (eA a LA, HST RK BH SARTO Hse Yama Re ATA GFP RANE IRAP RE ME: LES RGER RICHES SEAM LEAR HSEMAH. (ANSE HI. PRAT OF IH A BREM) FE 35 1 BREAKAGE: It is not necessary that an investment adviser’s compensation be paid directly by the person receiving investment advisory services, but only that the investment adviser receives compensation from some ours for his or her services. RMIFHKET GF 1/3 TAARABMERE RRA MRD iba SMM GAH: Although the investment adviser must be paid, the source of the payment does not matter. BS—TOF RNA T FARRAH ABH. HB — KAW SCA 79 Mil RAF RILERE: Since, under the Equal Employment Opportunity Commission Guidelines pertaining to sexual harassment, an employer is liable for hostile-environment sexual harassment only if it knew or should have known of the harassment and failed to take prompt and effective steps to end the harrassment, it is possible for employers to be exonerated from liability for hostile-environment sexual harassment when sexual harassment has occurred by individuals within an organization, but the organization took prompt action to prevent further harassment. MFI SE SUT. RT At WATT KR.EEOC Guidelines allow courts to exonerate an employer from liability for hostile- environment sexual harassment if the employer. acts promptly to prevent further harassment. KS HR AF IEA 24 NE LRT 2/3, A BAR BF RBE-VRABRAOBS. AMBRE BHT) 1S TS ialREREIN, NESS) 20 Mal AMD SRSS AEA 30 SARS. T-TREE SERA 0 MAIRRAARWEE. BEL JLFRAWEAMSA BE AFH. CYA LE MPEWNE LAY ACME RMW ERM. ba PR ORR EARR, BMF ME 1/3 RESASLS AN BO CLUS AAT AE (a RFR AER BAF ESS RH Sk A ES EBS ERAT ACNE. DO, PAAR REE AE BE SEM. & 3 BMS: a APAWAFETS. A-MARSEPE MESA. HEMMER AERBH HR HLF EES Even assuming that the fog caused injury to Roelke, Amskills had no duty to prevent that injury because it was idiosyncratic and Amskills could not have been expected to foresee such injury. ¢ At.no time prior to the initial public offering did the underwriters or any officers, directors, or employees have knowledge of any facts that would suggest that “Plain Harbor” could not be completed on schedule and in accordance with specifications. * Beale has wholly failed to allege facts that, if true, would establish that ‘competition among the nation’s law schools would be reduced or that the public has deen in any way injured, and this failure to allege facts that would establish an-injurysun 2 ES HN ARIE vu to competition warrants the dismissal of her restraint-of-trade claim. © The Business Corporation Law does not address the ability of a New York corporation to indemnify individuals who are not its employees. © The court examined a number of cases and stated that there appeared to be only a limited number of instances in which there would exist a duty to disclose the illegal conduct of persons who, through, political campaigns, seck election to a public office. PRBS): ER TER ARID TEE FEF FF BS GT, © The County sent an inspector who made observations as to the condition of the sidewalk and concluded that it was uneven. © Although a review of the casclaw reflects that there are no decision in the Eleventh Circuit concerning this issue, the great weight of federal authority favors the exclusion of third parties from a Rule 35 independent medical examination. © There is caselaw for the proposition that use restrictions are not always strictly enforced when a lease is assigned by a tenant in bankruptcy and the property. in question is not part of a shopping center. © The court appeared to premise much of its opinion upon the argument that consumers stand at a significant disadvantage in product-liability actions based on ordinary negligence principles. Consequently, strict product liability was intended to relieve the plaintiff of the burden of having to prove actual negligence. © With respect to matters not covered by the provisions of the Uniform Rules for the New York Court of Claims (the Uniform Rules) , the Court of Claims adheres to the rules set forth in the Civil Practice Law and Rules (the CPLR). Ct. Cl. R. § 206.1 (ce). Because the Uniform Rules do not discuss disclosure of expert witnesses, it follows that the Court of Claims’ rules on the subject are governed by the CPLR. © ‘There are cases that are factually similar to the present case, but that are controlled by older statutes—i. e. , the pre-1965 legislative scheme. There are no eases that have been explicitly decided under § 1511 since the 1965 amendment, so Smit is unclear what effect the amendment has on cases that are factually similar to the present case. © Arbitration as a means of settling disputes was at first viewed by the courts with much disfavor, but today is being used increasingly as a substitute for litigation for the adjudication of disputes arising out of contracts. © The court rejected the defendant's argument that the headlines were not the product of sufficient skill or effort, finding that because many of the headlines consisted of eight or so words that imparted information, copying of the headlines might at least in some instances constitute copyright infringement. © To say that one who has contracted to serve for a number of years at a low salary or at distasteful work and seeks to better his or her condition by a contract with another party should be penalized in every case by inability to enforce this second contract seems harsh, and under these or other extenuating circumstances, the courts have often deemed damages to be sufficient recompense to the injured employer without also invalidating the second contract. BRAS: EAR BONA FG FREES 193 HBS HF 130 al, In addition to the two cases cited just above, both (as mentioned) dealing with the California State Bar Rules of Conduct, Rule 3-310 of the California State Bar Rules of Professional Conduct describes circumstances in which an attomey is embroiled in the representation of adverse interests. Rule 3-310 is concemed primarily with situations in which the attorney’s duty of loyalty and duty of confidentiality to clients are called into question. Therefore, to date, there are “no Rule 3-310 cases disqualifying a district attorney as a result of a prosecution of an individual whom the district attorney used or is used ‘as a witness in another Prosecution. Most cases that involve ‘district-attorney conflicts under Rule 3-310 consist of a former attorney-client relationship between an accused and a district attorney. In such cases, the rule serves to protect an accused from a prosecution in which a district attorney unfairly benefits from information gained during the course ofcada 3 SEARS HEE RUN cM ace his or her representation of the accused. Other Rule 3-310 cases involve overzealous prosecutions in cases where a district attomey is for one reason or another personally or emotionally interested in the prosecution of the accused. Le R-DRMERNIS HERE, WRRE—-TS RRS EAR BARES — HEAR ORF. Bs | BALAI RIE 20 LA AFHKEAR AR ARE SANS VET RE. ERAT #S5DF RES RA BARRE RES DK, ADIL KERR. ARE, BMRA #35 MARAT 3 NAMM AF INDE AARBD ATO EATS, GEES ES TK, DRE 20EA. ERAS (eT RAF RRS ARAA ERMA: Rh ERR IN BL) RATE SH IE AA BR ROH REE Wi BAS 23 bi). MA-+ARMLARS AS DBE ARORA th. AUTEM EGE— TEOMA ES ZAKS IAPR HABE KAFESBRA. RETARA—AURT RS FARM BE MAO WE BOS Se fe A) SLA“ Bue” A“ And” , SBS AM — Aes Db BRENT MS RS EEL RE RE PERES ARBRE REM SE, Ate aD DAP ELK. 20 RAE SUE? HS RAMEE PERRO Sy LL Bl. RB—F W. W. Buckland #422 ini] HPA E13 FRAO S 2ER20%) - WITT (John Austin) a9 BARRE HIE» © BM Rudolf Flesch, How to Write in Plain English; A Book for Lawyers and Consumers 20-21 (1979) ; Robert Gunning, The Technique of Clear Writing 32-34 (1952), 24%.ey FES ge Sti Ze SaaS: neh Austin’s propositions come to this. There is in every community (but he dose not really look beyond our community) person or body that can enact what it will and is under no superior in this matter. That person or body he calls the Sovereign. The general rules that the Sovereign lays down are the law. This, at first sight, looks like a ular reasoning. Law is law since it is made by the Sovereign. The Sovereign is Sovereign because he makes the law. But this is not circular reasoning; it is not reasoning at all. It is definition. Sovereign and law have much the same relation as center and circumference, Neither term means anything without the other. In general what Austin says is true for us today, though some hold that it might be better to substitute “enforced” for “commanded.” Austin is diffuse and repetitive and there is here and there, or seems to be, a certain, not very important, confusion of thought, But with the limitation that it is not universally true, there is not much to quarrel with in Austin's doctrine. E SCAU RIE BAD TIE HE ES A ES wT AD E DHORARAENT REX PR? SRA. PHRET RFI ONF , Citi S Bech WAAAY Thomas D. Boyle H#—GHEM HHO ES Gunther demanded an early trial date and breakneck discovery. What Gunther wanted, Gunther got. Now that Findlay seeks a hearing on its summary-judgment motion, however, Gunther wants to slam on the brakes, complaining that it needs more time to gather expert opinions. Gunther ostensibly demanded the accelerated trial date to force a prompt resolution of its claims. Gunther may now have that resolution, but does not want it. Must Findlay’s motion, already delayed once, be delayed again to accommodate Gunther's tactical timetable?. . . Gunther's motion to continue is tactical only. It lacks authority and merit. It is no more than an attempt to get more time to answer Findlay's motion for summary judgment, which has already been reset once. Even so, by the time Findlay's motion is heard on August 13, Gunther will already have had eight weeks to prepare a © W.W. Buoldand, Some Reflections on Juripradence 48 (1945)a, BD REARS tt cor ROR, Ne response. If Gunther wants to defeat Findlay’s motion, it needs only to identify disputed facts of each point in the motion. Indeed, Gunther spends much of its motion for continuance arguing’ the merits. Rather than wasting time and money with its delay tactics, Gunther should simply address the points in Findlay’s motion head on. If Gunther shows the existence of genuine factual issues, then so be it. LHARB AIT RGA MAP SAKRA 1S a. ERAT RAR EECA A) RHE AES FEIN TRA AAS & 3 Baas: PAK AF REDS Maat: © Appellee Allied Indemnity of New York respectfully suggests that oral argument would be of little benefit because the dispositive issue has been recently authoritatively decided by the Texas Supreme Court in National Union Fire Insurance Co. v. CBI Industries, Inc. , 907 8, W. 2d 517(‘Tex. 1995), and by this Court in Constitution State Insurance Co. v. Iso-Tex, Inc. , 61 F.3d 405 (Sth Cir. 1995) , because the facts and legal arguments are adequately presented in the briefs and record, -and because the decisional process would not be significantly aided by oral argument. [91 ja] * Although no Kansas cases were found that explicitly hold that Kansas requires a corporation to have a valid business purpose in order to engage in certain specified corporate transactions, either for mergers or consolidations, or for a sale of assets followed by a dissolution and liquidation, in a 1994 Supreme Court of Kansas case involving a cash-out merger where the dissenters claimed the defendant's board of directors breached its fiduciary duties to the dissenters, the court cited as one of the trial court's pertinent conclusions of law that it is not necessary for a corporation to show a valid corporate purpose for eliminating stockholders. [105 ial] © The court of appeals noted that the Environmental Protection Agency ( EPA) had already issued the’ applicant a National Pollution Elimination System permit for26 the actual discharge of wastewater, which would occur from the outfall pipe, and that the issuance and conditions of such permits were generally exempt under the Clean Water Act from compliance with the Environmental Impact Statement ( EIS) requirement, and accordingly the court concluded that the Corps “had properly excluded the environmental implications of the discharges from the outfall pipe from its analysis and instead considered only the construction and maintenance of the pipeline itself in determining that the issuance of the permit did not constitute a major federal action. [112 ja] AS: BCS FAB RSP HS IS HIE 20 TAILLE © At best, the lack of precise rules as to the treatment of routine corporate transactions forces investors and others who seek to understand accounting statements in all of th r complex fullnes: to wade through pages of qualifying footnotes, the effect of which is often to express serious doubts about the meaningfulness and accuracy of the figures to which the accountants are attesting. Equally bad, while the footnotes, carefully read and digested, may enable the sophisticated analyst to arrive at a reasonably accurate understanding of the underlying economic reality, the comparison of figures published by one firm with those of any other is bound to result in seriously misleading distortions. Indeed, the figures for any given company may not be comparable from one year to the next, for although auditing standards require that the prineiples used by a firm must be “consistently applied” from year to year, the “presumption” of consistency may be overcome where the enterprise justifies the use of an alternative aeceptable accounting principle on the basis that it is preferable. (52 FIDE :S7 ial] * It follows that in order for Wisconsin to compel school attendance beyond the eighth grade against a claim that such attendance interferes with the practice of a legitimate religious belief, it must appear either that the state does not deny the free exercise of religious belief by its requirement, or that there is a state interest of sufficient magnitude to override the interest claiming protection under the Freesneer” ARS He Exercise Clause. Long before there was general acknowledgement .of the need for universal formal education, the Religion Clauses had specifically and firmly fixed the right to free exercise of religious beliefs, and buttressing this fundamental right was-an equally firm, even if less explicit, prohibition against the establishment of any religion by government. ‘The values underlying these two provisions relating to religion have been zealously protected, sometimes even at the expense of other interests of admittedly high social importance. ‘The invalidation of financial aid to parochial schools by government grants for a salary subsidy for teachers is but one example of the extent to which courts have gone in this regard, notwithstanding that such aid programs were legislatively determined to be in the public interest and the service of sound educational policy by states and by Congress. [ 5235)4}4€:51 ia] © Some time subsequent thereto defendant, Brian Dailey, picked up a lightly built wood-and-canvas lawn chair that was then and there located in the back yard of the above described premises, moved it sideways a few feet and seated himself therein, at which time he discovered that the plaintiff, Ruth Garratt, was about to sit down at the place where the lawn chair had formerly been, at which time he hurriedly got up from the chair and attempted to move it toward Ruth Garratt to aid her in sitting down in the chair, whereupon, due to the defendant's small size and lack of dexterity, he was unable to get the lawn chair under the plaintiff in time to prevent her from falling to the ground. [ 3738)4}4€:126 i]] © Since it is undisputed that the sugar was stolen, and that it was purchased by Johnson, the question at issue for jury determination is the state of Johnson's mind when he purchased it. While the jury is unauthorized to convict unless it finds that Johnson himself had guilty knowledge, such knowledge may be proved by circumstances here to warrant the conclus: ion that Johnson, when he purchased the sugar, knew it to have been stolen, and did not in fact honestly believe that the sellers were sugar dealers or were properly authorized by the Ralston Mill to sell sugar for it. In arriving at this conclusion, the jury might have considered the time and arrangements for the purchases, statements of Johnson to Gordon: showing that heknew that he was taking a risk, the absence of any invoice or regular billing procedure, the contradictory statements of Johnson after his arrest, and the unlikelihood of the sellers’ having come into possession of such large quantities of sugar to be sold below wholesale price in a legal manner. [5H 4:58 141] BAAD: RRR T HY AMR 40 Rede OF RSF 20 LAA. EBRBERER FAREAF OWRD “EOF OKERHEAREBAZ ES, F-YELEN AF OE FU TEREAT. EINE (— ed PROM. RAF HRABR B-AOP EGO: ‘The partnership may buy a bankrupt partner's interest. RRA E ODT MRE, SIAM RE a MDARRIER HIKED F AME If any partner becomes a bankrupt partner, the partnership, at its sole option, exercisable by notice from the managing general partner (including any newly designated managing general partner) to the bankrupt partner (or its duly appointed representative) at any time prior to the 180th day after receipt of notice of the occurrence of the event causing the partner to become a bankrupt partner, may buy, and upon the exercise of this option the bankrupt partner or its representative shall sell, the bankrupt partner's partnership interest. BABES OP RM LMA RTE IF RRR BREW: The parinership may buy any bankrupt partner's interest. To exercise its option to buy, the managing general partner must provide notice to the bankrupt partner no later than 180 days after receiving’ notice of the event that caused the bankruptcy.ed cs BES Heit seein came SEE IES, GEE RSH VR RE ZEEE ET EA AE eR THAFH. Ak, RADE BS HE i SDH EAT ETreMApdzZa. Opts BT LG AAS eV ARR IR TUBA TS GRE. RPHRAWAF MR-ESA MIA: In the event that the Indemnitor shall undertake, conduct, or control the defense or settlement of any Claim and it is later determined by a court that such Claim was not a Claim for which the Indemnitor is required to indemnify the Indemnitee under this Article VI, the Indemnitee shall, with reasonable promptness, reimburse the Indemnitor for all its costs and expenses with respect to such settlement or defense, including reasonable attomey's fees and disbursements. ELSA AAT DEA RRMA INE (SIL 34 aj 4H) PET DL LRA RS ‘The Indemnitee must promptly reimburse the Indemnitor for all its costs and expenses of settlement and defense, including reasonable attorney ’s fees and disbursements, if: (a) the Indemnitor undertakes, conducts, or controls the defense or settlement of any claim; and (b) a court later determines that the claim was not one for which the Indemnitor must indemnify the Indemnitee under this Article VI. WIZE, SKM & a BWMAA: SE FA FRCS AE HAN a TP © Ms. Lenderfield, during the course of her struggle to provide for her children as a single parent, accrued considerable debt to her family and others. © Chesapeak’s assertion that it is not a proper defendant in this ease and, therefore, that relief cannot be granted is incorrect. ® ‘The court, in finding that Office McGee was acting more as.a school employeethan as a police officer in searching Robinson, ruled that an official's primary role is not law enforcement. PMB): HPADFRS DAE aK ial A © Plaintiff's testimony that he had never had a back injury and had never been treated by a doctor for a back ailment before this workplace accident is suspect. © The Trustee, at any time, by an instrument in writing executed by the ‘Trustee, with the concurrence of the City Council evidenced by a resolution, may aceept the resignation of or remove any cotrustee or separate trustee appointed under this section. © In Barber v, SMH( US), Inc. , the Michigan Court of Appeals held that the plaintiff's reliance on a statement made by the defendant that “as long as he was profitable and doing the job for the defendant, he would be defendant’s exclusive representative” as establishing an oral contract for just-cause employment was misplaced. © Taxes imposed by any governmental authority, such as sales, use, excise, gross-receipts, or other taxes relating to the equipment, except for the personal- property tax, for which Biltex, Inc. is assessed and liable by applicable law, must be reimbursed by Galbum, Inc. BAAS: R-MART H PETA ARADARED ROLES (OAS BS) WEB. RRA —iB( GSE) MAEM TS Wert ANF. WRUKRT—TS ERS A PO SA PREP OMEKORE, FAESPMARHC. Ba SEMEOSRAT RBS PRU GEA WOR EES LOM ORAL ME CALA) YR5S GLEN TLE TSE Co SH. HPIFMWESCEAROEE. EDBAWAMRHEREORS (LED, The court dismissed the appeal. ) MRE SARA LET EBS 44C4n, The appeal was dismissed by the court. ) » RIMM, EHBSAOAKE: ° Ah, CATO FEE os By eh BC ER Ae A TT (SETS Ba) aE SE) MRA AMEMER MRS: SR ate ial (S)) © ae: {HERERM, ROEDERER OS ARPA ° CHER NRBEMAD EARLE CEA SM FEE, AL TRE 0 HR ENR SEMPRE (HSA AREAR EAM) » ‘HOR AEE RT HORE Spee TE EL AER RA A EI ZR PTE ASHER LE AHH TE Pa FT 0 AWE PULET ALD RUA DEAR. FLA 50% LI RN ETIRE ES — Hi SURI EWUE (BSI AR PE. SUCRE NFR RE ARH ORE BLN DA HS A SNAIM-ed RIE) RAE be ay FCA, is, are, was, RA were) ROSES , BBA DREN LEAT ER BAITS dn FITS: is dismissed are —_docketed was vacated were reversed been filed being affirmed be sanctioned am. honored Au FEN DF ew: © In 1998, only ten executives were covered by Article 12. © Prospective investors are urged to consult their own tax advisers.© The 2001 Plan is intended to facilitate key employees in earning a greater degree of ownership interest in the Company. BATA LT BAK TE AF # In 1998, Article 12 covered only ten executives. ‘© We urge prospective investors to consult their own tax advisers. © With our 2001 Plan, we intend to help key employees obtain a greater ownership interest in the Company. EHC RAE, PEP] RP BET iF BZ: af pHa absence 98 panes venue, His Cnt shoul dios te petition ER vee poise, O1USC.§ a) gens the) ‘The{Plaineiffs choice of foram, te-this instance fr govemeDby the ERISA enue provision, 2056-6-5-1130o) Section 11322) does no: alow tse this action tofoe-mainesined) ia the Eastern Distict of New York. Porter, ‘ott shan Signs Hee this action should coe-dnmiood)nder 18 UC. § L406\a} because the Plaintiff is engaged in blatant forumshopping. in such circumstances, ik” Court nea sok transter the case), not required that the sive Seeanwioned, since te Dilendants do not have significant contacts with the Eastern District of New York seyecesshul) + At the time en fhe Pitta for beets sori ihe “etteesofhOMln Administrator ween eoneat ab Se Pennsylvania, ‘« As of September 10, 1999, ere Plan a war ove’ 0 Omaha, Nebraska. ees + Soficee! ie Plan Administ eaintingn a Eastern Distt of New York + The boner ender th flare snouredy by Cosmopolitan Casualty snd Life fu New York, EE) Plaintiff lso locks any connection to the Eastern District of New York ‘When she Gled her claim for benefit, she resided in Manhattan, which Gis located) inthe Southern District of New York. Plaintiff currently resides in Westchester County whichis Tikewise inthe Southern District. ROR AES BET LUE PARR BIE T SER On TLL RIT — Leni aH. AS. TAI ZEte,scctoneimraemeaaerm 2, PSEA OM oli ermaerenennesiema P-AEE: EBA be HAART BMA, KBE ih, BRBEERA WE Ah ARS be Shi] AR RETAT Rina BAVA eA. Hed: Last week, I heard it argued by a client that national insurance should cover all legal fees. JRE LE MATE it ZS T Maia being, ALI NDF PRE A BB OR IS (REL I heard, TRE it argued), BS HE 5 MRI: Last week, I heard a clierit argue that national insurance should cover all legal fees. AMOK SAAR RR MET THAR, BI Ieee {Ri REo & a BMAD: BRTAAF AMARA RBA: © Testimony was heard from the plaintiff and from three witnesses on behalf of the corporation. © This is a purely legal question to be determined by the court. ©’ McCormick's motion for partial summary judgment on the duty to defend should be denied. © Plaintiff's opposition violates Rule 313 of the California Rules of Court and may be disregarded by the court. ARS): MPLA AST SDR FABRE MAS Ema: The intention of the donor is established at the moment the funds are dedicated to a charitable cause. This dedication imposes a charitable trust for the donor's objective as effectively as if the assets had been accepted subject to an express Timitation providing that the donation was to be held in trust by a trustee solely for the‘cma 36 purpose for which it was give. It is imperative that the objectives of individuals who give to charity be strictly adhered to. © There are situations in which a motion for rehearing should be granted. Before the enactment of CPLR § 5517, it was held that when such a motion was granted, any appeals from the prior order would be dismissed. The CPLR was amended to “alter casclaw holding that an appeal from an order had to be dismissed upon entry in the court below of a subsequent order.” [ Citation. ] Thus today, §5517(a) states that after a notice of appeal from an order has been served, the original appeal will not be affected if a motion for rehearing is entertained. The appeal will be neither mooted nor canceled by the grant or denial of a motion for rehearing. © Jurisdiction was conferred on the district court by 28 U.S.C. § 1331. The complaint was dismissed with prejudice on March 31, 1999, and judgment was entered in favor of the Cauthorns. A timely notice of appeal was filed by Perkins on April 7, 1999. Jurisdiction is conferred on this court by 28 U.S.C. § 1291. © During the taxable years at issue, the replacement fuel assemblies had not begun to be used by the company for their specifically assigned function, namely, to generate electrical power through nuclear fission. Nor were the assemblies placed in a state of readiness for their intended use during the years in which they were acquired. That did not occur until the spring of 2000, when, after more than a year of careful planning, the reactor was shut down, various maintenance tasks were performed, spent fuel assemblies were removed, the reactor was reconfigured using the new fuel assemblies in conjunction with partially spent assemblies that were not replaced, and low power testing was performed to ensure that the reconfigured reactor core performed safely in accordance with specifications. Only after those procedures had been successfully completed did the replacement fuel assemblies generate salable electric power and, hence, ineome.to taxpayer. Only at that point could be considered to have been placed in service. BARS: R-WAANY HHA 50% AMARA RAM LE (KEEEA ARES ASE ARUN aisha RRS EB) BEDS PR RUSE) AGES HRESE PH. ee MEXTESSARO NE HNPRME BRT EE A aS PR. BASAL SRN HLH R—TESD A PRET EBBR. | CAFTA, RAFAMAS EMMASRREWSS 4 RMSE RHERRA— eH RE PEOUARRS LRA AH. PTA ROM ESS ARB AM PT RRA AR: Bae ‘The jury weighed the evidence carefully, skillfully, and wisely. ERAT ‘The facilities are available to directors, officers, and corporate counsel. Zia VT ‘The facilitics are available to directors, officers, and corporate counsel. Sie The perpetrator drove to Minnesota , changed cars, and dropped the box on the side of the road outside St. Paul. LEAR ASE FT GH EGF AO TCR AEE, BUR FERN: To prove a claim of false advertising under the Lanham Act, Omega must show that Binnergy (1) made a false or misleading statement, (2) that actually deceived or was likely to deceive a substantial sogment of the advertisement’s audience, (3) on ‘a subject material to the decision to purchase goods or services, (4) about goods or services offered in interstate commerce, (5) that resulted in actual or probable injury to Omega. ZEA BHISCHH #1 ABI, #2 AE that 5/44) #3 Aled RIP ALADIE MASST AELAIEN a x B. BX spy a eR ONS SUES —7> that Mao LRAT RG PERO FRE EE — (NAB) SB BD TaD | RUE that BHAT. To prove a claim of false advertising under the Lanham Act, Omega must show that Binnergy made a statement that (1) was false or misleading, (2) actually deceived or was likely to deceive @ substantial segment of the advertisement’ s audience, (3) related to a subject material to the decision to purchase goods or services, (4) related to goods or services offered in interstate commerce, and (5) resulted in actual or probable injury to Omega. SB HA RS FD) Ha OPA 2 HH “RIAN” 6 RURZAAWES. RB LMR: both... and (+++ Ailee+) either... or (+++ “KK” DAME neither... not only ... but also (7A(B+ Eodnis FR —aPIAERLE not only ZS, BBA — ARAL FS shia WAT VERZE but also fai. (HE, FER MFADET AR: Domestic violence is a force that causes suffering not only to the victim of an attack, but it also has detrimental effects on any children in the home. ENF BE — SPAIN ICRORDEEE not only ... but also DK. ULF AY ARRAS ES TER: Domestic violence causes suffering not only to the victim of an attack but also to any children in the home. SALHEOM BRAS RRH ASKER SIFU SEM Wo KER BY wae: ECPI, RED AP SHOTS * The court relied heavily on the district court’s statement that the would-begg TRS (esa ONT intervenors retained the right to appear through counsel, to participate in the fairness hearing, to conduct discovery, and standing to appeal the court's approval or disapproval of the class-action settlement. © Tenant will probably not be able to have the lease declared void and unenforceable for vagueness because it contains all the essential elements of a lease: a description of the premises, the amount of rent to be paid, the term of the lease, and identifies the parties. © The Younger doctrine also applies to a state civil proceeding that is (1) ongoing, (2) implicates important state interests, and (3) affords an adequate opportunity to raise federal claims. AREA) : 1 FBS BROOM FBT ES MAELO AA. ScHHAN PRE (RT (A) 25h) BEL BME, ZEORIA HS Si BO WTR LS (BY (CC) (A) #OBHELE . FPA GOR RS ( BLS 34 NTS) o PRAT Doe See, ARE 2.1 No Default or Violation of the Law. The execution and delivery of this Loan Agreement, or the bond indenture, and any other transaction documents by the Authority, will not result in a breach of the terms of, or constitute a default under, (A) any indenture, mortgage, deed of trust, lease, or other instrument to which the Authority is a party or by which it or any of its property is bound or its bylaws or any of the constitutional or statutory rules or regulations applicable to the Authority or its property. BAAS: ETAT AE DRAL TOA © The essential elements of a fraud claim under New York law are that: (1) the defendant made @ misrepresentation (2) of a material fact (3) that was intended to induce reliance by the plaintiff (4) which was in fact relied upon by the plaintiff ‘30 maa(5) to the plaintiff's detriment. © Where there are already allegations of defects in design, manufacturing, and warnings, a claim that the manufacturer should have recalled its 1999 produets is redundant, prejudicial, and directed to the wrong institutional forum. * Under Georgia law, the elements necessary for the application of equitable estoppel are (1) a false representation or concealment of facts, (2) it must be within the knowledge of the party making the one or concealing the other, (3) the person affected thereby must be ignorant of the truth, (4) the person seeking to influence the conduct of the other must act intentionally for that purpose, and (5) persons complaining must have been induced to act by reason of such conduct of the other. B10 REBRSESE NARHA WRG A EBARRARAE ABS DT. BOR ERAD RECLE LADERA. KUL, CAME SE-BKWRABAK (ai: No more than one officer may be in the polling place at a given time. HURRA RE BA AFEASEABAR, RARRHLERSE eM: Only one officer may be in the polling place at a given time. HE. F SRB LALEOSEN LVRRASSRM AYR: A member who has no fewer than 25 years of credited service but has not yet attained the age of 60 years and is 1:ot eligible for retirement may not voluntarily retire tion with the board. f no fewer than HAR, at least; 42 not yet attained Bp is under; 438 may not + without EMS RM X/MF RAR: carly without first filing a written epp!rR 9 ARS eI SEA HU seca soaalbest eeneatomenae, Even if you're a member who is not otherwise eligible for retirement, you may voluntarily retire if you are under the age of 60 and have at least 25 years of credited service. To do this, you must file a written application with the board. (BE AMBER SAKB RR. WRB E— MES, BARA EAE BEB (BUR “Don't leave the footpath. ” (ABE ATE) RIF —#), HTRRUFAS,-#KRHAMLAM EHS RERS RT RM: “Pleasé discard anything other than tissue in the trash dispenser. ” (T#43PR#K ID LLIh (UHR PRUE 0) A SARA CAFE: “Please don’t discard anything except tissue in the toilet. ” (#2441 LUMO REDE.) RESET BROT LA RNA, LERAZRS SEAT RONF ZS — BORD AA BED BERBERA N EAE A. REAPIFE EXS MI PARE AEA. Exercises BTA SI: MW PHATUTEREREBARE FF ERA EBA: © Notice will not be effective unless it is delivered in person or by certified mail, return receipt requested. © In the absence of any proof to the contrary, the coust should presume that the administrator's functions have not ceased. © No termination will be approved unless the administrator reviews the application and finds that it is not lacking any requisite materials. PAB: BPAADFKS RAG EBA: © There is no issue of material fact that Renfro cannot establish that Aniseed, Inc. owed her a duty to prevent the injury she claims to have suffered. . © Bendola cannot be permitted to stand on nothing more than unsubstantiated and self-laudatory statements as a basis for denying summary judgment. © No reason for refusing confirmation of the master's report not covered by the "a ea“uy utanscnemnene xg RX yeep ‘strate exceptions in the rule is disclosed by the record or urged by the defendants. © A plan shall not be treated as not satisfying the requirements of this section solely because the spouse of the participant is not entitled to receive a survivor annuity (whether or not an election has been made), unless both the participant and the spouse have been married throughout the one-year period ending on the date of the participants death. BRRA: M—-BRROVEARH— PF, MDB TAP LAERLE ROBIE. MERIRE SS HERR HS PEAR, HE NEE GR AOR Bo. Bit | Ses HihwS WARES FR ER SIE" FELICE” HE. TALE Hea MARA RB RA”. Ath MRR OLB, RL AT WARE. BPRS AE: © Melinda Jackson died three weeks later in Columbus, Ohio. © Melinda Jackson died in Columbus, Ohio, three weeks later. © Three weeks later, while visiting Columbus, Melinda Jackson died. BT AF EAR BIAT HE PRARB. SAAMERRTE WL PRRRARAR. B= AMRIT HORA BAS ELE SOR FART. ESSMIN ROANSEM ARN ARE ARIS, HDA “VERAD EOBDKEETAMEERE APR (RARER BM) fee, MBEAN HE. WE FRAEIT : Fenster International Racecourse, Inc. respectfully asks this Court to enter a aeERS (IER ET summary judgment and, further, to find that there is no just reason to delay enforcement or appeal pursuant to Illinois Supreme Court Rule 304A. RESEMF LET AAWEARRAAR-E: Fenster International Racecourse, Ine, respectfully asks this Court to enter a summary judgment and to find that, under Illinois Supreme Court Rule 304A, there is no just reason to delay enforcement or appeal. OR AE a) BEATIN EA RE, BEA, IRE CREE BEES EA IE » & a BaAA: BTAFRS eRe E MAD: © This Court dismissed the whistleblower claim against the Governor on August 27 in response to the Governor's Plea to the Jurisdiction. © The right to stop the work is the single most important factor in determining whether a party is in charge of the work within the meaning of the Act. © The Commission is not in a position to provide additional affidavits and other evidence to support its contention that Bulworth and Islington are an integrated enterprise at this time. © The court may authorize a preappearance interview between the interpreter and.the party or witness if it finds good cause. © Silver Siding contends that it had no control over the hazardous substance released to create the emergency, and that the Department of Natural Resources therefore has no jurisdiction over Silver Sidings under the Spill Bill (see § 260.510, RSMo 1994). In fact, Silver Sidings owned the property where the release occurred, owned the underground storage tanks from which the hazardous substance was released, permitted the hazardous substances to be stored in its tanks on its property, and had every right as a landowner to control how its land and tanks were used—all relevant factors under the Spill Bill. Thus, Silver Sidings is “a person having control over a hazardous substance involved in a hazardous-substance emergency” within the smemeaning of the Spill Bill. PRES) Bh—FAIRUA A FF 8 EE I] A I, FE RA. aa R-BRRT WEL NEE FARA DB. BS ibe Eas. BASS: FARMS EH VE, RULGAF ARM AA DWC. MRK T +S HERE Ste SRE AWS, BAS 3 BRAS, S— RANA Lh Sans | 22 | weReENTE A ERIE EWAUT ZENA, CMARARLEOTERE. Bh FWA SA CAAT”. “... observed a fungal infection of unknown etiology on the upper lower left extremity” ( Ze 7: F REL NAAR AUT BRE) WERE KEM TBR PRES AMARA. TEA, “etiology” (BBE “RA” ) XA IAS“ the patient is being given positive-pressure ventilatory support” (55the patient is on a ventilator” #4 (Al , BB SE 5 ATE LOE AL” ) VERO RHA, AIT HE BE SH RO AGRE HAS BARREL AWS: When Officer Galvin entered the lot, he observed the two males exiting the lot. He then initiated a verbal exchange with a female white subject, who stated that she had observed two male whites looking into vehicles. When she pointed out theeubjects as the two male whites who had exited the lot previously, Officer Galvin promptly engaged in foot pursuit of them. # Base 1 exiting” ( [FiF “leaving” ene “WI” ) exchange” (4824 7°“started talking”, GEME“HIGVHA” ) “stated” (SF said” , 1H) .“male white” (jal “ white men” AA) 33, feE HEE — TI SR PR ERR ERITREA A NPSVAR ORE ATS RRR SRA OE LOTERLANEARNTT » SU PR HE ALE, ORAS SEH AT I (ER A aH AR) 5K Sf WRAW RES ESO RRB RASR ERRATA eT TERRA RH ROE WARES AIC. IRD RH AA ERAT IB? ESE — BARE AY AUB ( Eom, habeas corpus, ASR ) s HE He ea A AS SEE HEB SC aL TT “PAT We’. UA FRR ART RATE BERK anet about (36F) dehors the record outside the record (JERZINY) inter sese among themselves (#54124 489 ) motion for vacatur motion to vacate ( BE JE HIG B9 1H ) sub suo periculo at one’s own peril (SF AZHRE) KEGIF SHUR LAME AAR. EMA MO KAN AORESEST SARA HaGCTE 68 SEPSIS TLE ETT CB SB tO AT ik”: RRS BRK as to about, of, by, for, in (3. At.) —— 4 " TEARS rena y eae nae TEATS, 4 ae ena 26 bring an action against sue (#2) herein in this [ agreement, etc. ] (HEL AR HES EE] BD inasmuch as since, because (919) instant case here, this case (Ith ,iX“SE(E) in the event that if (WR) not less than at least (28/>) prior to before (+++ ZA) pursuant to under, by, in accordance with (385) said (adj. ) the, this, that (iX4S,384) same (pron. ) it, them (&) subsequent to afier, (46-28) such this, that, those, the (3X, 98 ,J3#2 ,ix4+) thereafter later (JE3K , BE PIR) therein init, in them, inside (#£----- Hi) RAAT ERRRUT BEM, CAEL i IAT EE PABA MINERS. EF RHAR AK PRAT TBH EERE said, same, A such 2H BAS al Ce 8h OE The Undersigned hereby extends said lien on said property until said indebtedness and Loan Agreement / Note as so modified and extended has been fully paid, and agrees that such modification shall in no manner affect or impair said Loan Agreement / Note or the lien securing same and that said lien shall not in any manner be waived, the purpose of this instrument being simply to extend or modify the time or manner of payment of said Loan Agreement Note and indebtedness and to carry forward the lien securing same, which is hereby acknowledged by the Undersigned to be valid and subsisting. LSA SUN ay (to AR FCB the Undersigned” ) , ERE AES ASS RTI: Williams extends the lien until the Note, as modified, has been fully paid. The SesIDR S ARSE = TERS HEAR RO ERTS 1 modification dose not affect any other terms of the Note or the lien, both of which otherwise remain in force. BAUR T BME AT AE ERA. (IRB RESO TS ARREST” RLAELLEN FAI IEE PIR, RRE] LUD EIR S WHR. & a BMAD: SPHERE RY BWR: © A prehearing conference was held on July 15, 2000, and the result of said conference was that Rawson was given an extension of time until August 6 to respond to Vicker’s motion. Rawson subsequently failed to file any response thereto. © In the event that any employee is requested to testify in any judicial or administrative proceeding, said party will give the company prompt notice of such request in order that the company may seek an appropriate protective order. © The court asks whether the plaintiff is guilty of unreasonable delay in asserting its rights. Such determination is committed to the trial court’s sound diseretion. The emphasis is on the reasonableness of the delay, not the length of such delay. © Subsequent to the Bank’s dishonor and return of the forged check, the U.S. Attorney served the aforementioned subpoena upon the Bank and directed the Bank to deliver to his office forthwith, upon receipt, at any time and from time to time, any and all bank checks, cashier’s checks, and similar items stolen in the robbery that transpired on July 2, 2000. HRB: EF FIER RE BOH : © All modification, interlineations, additions, supplements, and/or changes to this Contractual Amendment are subject to and conditioned upon a fully executed signed, and dated acceptance, approval, and confirmation at Pantheon’s corporate headquarters. 47Sa d8 @yesrru hae BE, Soe ERE ENA ‘© An interpreter is needed if, after examining a witness, the court arrives at the conclusion that the witness is without the ability to understand and speak English at a sufficient level of proficiency to comprehend the proceedings in such a way as to assist counsel in the conduct of the case. © This letter shall confirm our understanding and agreement that if your loan application on the above-described property is approved, you shall occupy the same as your primary residence within thirty (30) days of the closing date. You are aware that if you shall fail to do so, such failure shall constitute a default under the Note and Security Instrument executed in connection with your loan, and upon occurrence of such default the full and entire amount of the principal and interest payable pursuant to said Note shall become immediately due and payable at the option of the holder thereof, Pursuant to the provisions of § §3670, 3671, and 3672 of the Internal Revenue Code of the United States, notice is hereby given that there have been assessed under the Internal Revenue Code of the United States, against the following- named taxpayer, taxes (including interest and penalties) which after demand for payment thereof remain unpaid, and that by virtue of the above-mentioned statutes the amount (or amounts) of said taxes, together with penalties, interest, and costs that may acerue in addition thereto, is (or are) a lien (or liens) in favor of the United States upon all property and rights to property belonging to said taxpayer. Baas: R-HRRT HAPS TAOEELB. SHAKE 3 MAA MS TER (memo), FRAGA KAR: (1) BPMs (2) MBA: (3) FBP PE Hw BR. WOR FY RE HET 2 5 | A BC (bb ho FBT FA RAS LE 48 77) RTE. ae PEGS MAES ENE PRE ER (S-AD MKT RINE) ABTORETIAN IRR ITEILE. MRMRET—TS teal RSE ASMA — BRE