Petition

Question: Contract law (Dunno which law to apply)? by state i mean US state.(this question apply to US only) If assuming that the parties from different states entered into a contract, what aspects of the relationship would be most important in determining personal jurisdiction over an out-of-state party if a lawsuit was filed claiming breach of contract? which state law shall it apply to the person who breach it? Somebody help me

Answer: A) You can't get into federal court unless the aggregate claims are more than $75,000. If you have claims that high, you should have had a clause in the contract stating what state's courts have jurisdiction (these clauses have usually been upheld, assuming one party has minimum contacts (International Shoe Test) with that jurisdiction). B) The best forum would be the jurisdiction where the contract was signed, though other forums may have jurisdiction to hear the case if International Shoe is met. C) If the contract does not have a clause stating that a certain jurisdiction's law will apply, then...crap, I got an A in CivPro, but that was a while ago... Oh, I just re-read the question. As to personal jurisdiction, all you need is either minimum contacts (International Shoe), domicile, or 'tag' service. As to what law will apply, I found some notes, so you can see for yourself: McGee v. International Life Insurance Co. – If the contact between the defendant and the state of California is minimal, such contact must be closely related to the claim in order for the state of California to have jurisdiction. In other cases, we’ve heard a lot about the defendant’s interest, but in this case we hear a lot more about the plaintiff’s interest and the state’s interest. Stevie Y. describes McGee as the “outer extreme” of jurisdictional aggressiveness. Hanson v. Denckla – Are there sufficient contacts between the defendant and the forum for the state to have specific jurisdiction? If there are only minimal contacts between a state and a defendant, then the contacts must be closely related to the claim. Mere contracting is not enough to establish personal jurisdiction. There must be more in the way of contacts. As we move beyond McGee and Hanson, we’ll see the Court sort of back off from having such limited contacts constitute jurisdiction. Justice Warren suggests that the defendant must act to “purposefully avail” himself of the “privilege of conducting activities within that state”. Is this “stuff”, the transacting of business and sending of money between the Delaware trustee and the now dead lady in Florida sufficient to establish minimum contacts? The Court concludes that it is not enough. The Court concludes there is no personal jurisdiction in Florida over the Delaware trustee. The Court applies the minimum contacts test just like in McGee. World-Wide Volkswagen Corp. v. Woodson – Can a state court exercise in personam jurisdiction over a nonresident corporation when the only connection between the defendants and the forum is that one of their products ended up in the forum state? In order for a state court to exercise in personam jurisdiction over a defendant, there must exist minimum contacts between the defendant, forum, and claim. The key to the case: Does the test of minimum contacts a one-part test or a two-part test? Justice White says that the main functions of the Shoe test are (1) to protect the defendant against having to litigate in far-off lands and (2) to keep the states’ power in line. The first function is known as the “convenience” prong of Shoe. The second function is known as the “sovereignty” prong. The five fair play factors Asahi Metal Industry Co. v. Superior Court – Asahi is the case that makes the five factor test law. In World-Wide, it’s only dicta. On an exam, know and go through all five prongs. However, the big three are the first three, where the defendant’s burden is primary. (1) Burden on the defendant – burdens on corporate defendants tend to be diluted as compared to burdens on individual defendants. (2) The state’s interest – what interests does the forum have in having that litigation in that state as far as protecting its citizens and corporations? (3) The plaintiff’s interest – everyone would prefer to sue in their own forum. (4) Interstate efficiency interest – is this forum better, more efficient, more expedient, or cheaper than any other forum? It is rare that jurisdiction in a case turns on efficiency, because it can usually be argued both ways. (5) Interstate policy interest – this would be a stretch. The Courts of Appeals these days tend to lump this and efficiency together. Note that these factors have nothing to do with minimum contacts, but rather with “traditional notions of fair play & substantial justice”. Justice White implies that “minimum contacts” is the threshold, and thus if you don’t have contacts, you never get to fair play. But what do we need in terms of contacts to meet the threshold? The court never gives us a clear definition of “minimum contacts”.

Question: Question for sexuality and sociology class. Why did church take over marriage institution in the middle ages? The full question is: What reasons would influence the church to take an interest in controlling marriage rituals in the middle ages? how did this influence the emergence of romantic love in the 12th century? This question is going to be on a test im taking next week. I just want other people's opinions in order to write a more comprehensive essay on it next week. So that everyone doesnt believe im just freeloading off YA and trying to get other people to do my homework, my personal answer as of yet, for the question follows. In taking over the marriage institution, the church ensured that they had full control over one of the most important aspects of society at the time. by taking over the jurisdiction of marriage, the church could ensure that they had significant control over the families and lives of those who engaged in a religious ceremony. by making marriage canon law, couples could not divorce which ensured a form of monogamy among the people involved.

Answer: In the middle ages the church ruled the State. It was the collector of taxes and controlled births, deaths and marriages. That way it controlled the population and kept all the records. It also made all the rules in society. In other words the church was the government and kept the people ignorant and uneducated. It was not until the advent of printing in th 16th century made education more available, that people began to question the church and the real separation of churchand state began.

Question: This will, no doubt, be a controversial question; one which I have no personal opinion on, but what are your? views on these documented statements? "They're afraid we're going to take over the governmental institutions and other institutions. They're right. We will take them over . . We are here to stay." Richard Alatorre, Los Angeles City Council. "The American Southwest seems to be slowly returning to the jurisdiction of Mexico without firing a single shot." Excelsior, the national newspaper of Mexico. "We have an aging white America. They are not making babies. They are dying. The explosion is in our population . .. I love it. They are shitting in their pants with fear. I love it." Professor Jose Angel Gutierrez, University of Texas "Remember 187--proposition to deny taxpayer funds for services to non-citizens--was the last gasp of white America in California." Art Torres, Chairman of the California Democratic Party, "We are politicizing every single one of these new citizens that are becoming citizens of this country . . . I gotta tell you that a lot of people are saying, "I'm going to go out there and vote because I want to pay them back." Gloria Molina, Los Angeles County Supervisor, "California is going to be a Hispanic state. Anyone who doesn't like it should leave." Mario Obledo, California Coalition of Hispanic Organizations and California State Secretary of Health, Education and Welfare under Governor Jerry Brown, also awarded the Presidential Medal of Freedom by President Bill Clinton "We are practicing 'La Reconquista' in California." Jose Pescador Osuna, Mexican Consul General, "We need to avoid a white backlash by using codes understood by Latinos" Professor Fernando Guerra, Loyola Marymount University

Answer: This is a letter I have written to the Senate, I think it shows my opinion on this question. If anyone wishs to send it to their Reps, feel free to remove my name and insert yours. Our opinions on statements like these need to be heard. To Members of the Senate: The Comprehensive Immigration Reform Bill is an insult to the American people and a criminally negligent opening for openly declared enemies of our county. I have been searching the internet to discern exactly what the opinions are of the various people involved in this situation. While there are some white-racist who do not want any Mexican immigrants, the vast majority are simply people who cannot find any justification for the absolution of guilt for the criminal lawbreaking of the “illegal immigrants.” That is what they are, not undocumented workers, which is the current politically correct euphemism for these criminals. As proven by the many Anti-U.S. displays at the pro-immigration rallies, there are a large number of immigrants, both legal and illegal who have an openly declared agenda of overthrowing or destabilizing our country. To fly the Mexican or Aztlan flag above ours which is inverted is a criminal act of open enemies. They engage in subversive propaganda, warning of future non-cooperation and civil disobedience. In La Voz de Aztlan, It is stated “It does not matter what final form S. 1348 will take, the quest for real economic and social equality, justice, freedom and for the establishment of a true homeland, north of the border, will continue to exist.” This is an open declaration of hostilities by the largest print media for immigrants. In the internet forums there are constant anti-U.S. and anti-white comments of threatening natures. We are told to accept the lawbreaking, and that after this bill is passed it will be the end of the white race, the end of white dominance in the Americas, and the start of a new Amerexican nation. This is not a few disgruntled immigrants or illegal immigrants; this is blatant threats against us by racist invaders. La Raza is translated as The Race, and that is how they are presenting themselves, as a race determined to take over another country, starting with seven states in the southwest. Their own country has stronger immigration enforcement than ours. They have openly declared hostility against us and yet our protectors can go to prison if they take action against these enemies. They come in under the cover of the few who are looking to add to our ethnic melting pot and once here, they contribute to the chaos and engage in subversive activities. To address the subject of jobs; they do not work the jobs Americans won’t do. They work the jobs that are distasteful to Americans cheaper than Americans are willing to do. It is a fact that many immigrants have multiple families or single people living in squalid conditions in houses or apartments so as to reduce the cost of living by spreading expenses among many. By giving the lie that they will work jobs we won’t, the truth is shown that some of our government officials believe that average American citizens do not deserve to live comfortably the American dream, but should live as in Third World conditions to increase the profits of their friends in “Big Business.” Although some of our publicly elected officials refuse to acknowledge it, the fact is we are under an invasion by our declared enemies. Any one who offers any aid, comfort, or any form of amnesty under the title of “reform”, is acting against our best interests. Please vote against any bill which allows justification and forgiveness for having come here illegally. Please also consider the 14th Amendment to the U.S. Constitution, Section 3. Which states: “ No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such a disability.” I do not recall hearing that such a vote has been taken; this means the proponents of any form of an amnesty policy are guilty of offering aid and comfort to declared enemies and as such are in violation of their oath of office. This makes many people, as shown in the forums, feel that they should perhaps be brought up on charges for impeachment or even treason. "They're afraid we're going to take over the governmental institutions and other institutions. They're right. We will take them over . . We are here to stay." Richard Alatorre, Los Angeles City Council. "The American Southwest seems to be slowly returning to the jurisdiction of Mexico without firing a single shot." Excelsior, the national newspaper of Mexico. "We have an aging white America. They are not making babies. They are dying. The explosion is in our population . .. I love it. They are shitting in their pants with fear. I love it." Professor Jose Angel Gutierrez, University of Texas "Remember 187--proposition to deny taxpayer funds for services to non-citizens--was the last gasp of white America in California." Art Torres, Chairman of the California Democratic Party, "We are politicizing every single one of these new citizens that are becoming citizens of this country . . . I gotta tell you that a lot of people are saying, "I'm going to go out there and vote because I want to pay them back." Gloria Molina, Los Angeles County Supervisor, "California is going to be a Hispanic state. Anyone who doesn't like it should leave." Mario Obledo, California Coalition of Hispanic Organizations and California State Secretary of Health, Education and Welfare under Governor Jerry Brown, also awarded the Presidential Medal of Freedom by President Bill Clinton "We are practicing 'La Reconquista' in California." Jose Pescador Osuna, Mexican Consul General, "We need to avoid a white backlash by using codes understood by Latinos" Professor Fernando Guerra, Loyola Marymount University Thank you, A concerned citizen of the United States of America, Jesse J. Woof [email protected]

Question: Not a fictional case #5: criminal charges for blogger libel? Connecticut: Bell v. Shah, Civil No. 05-0671 (D. Conn. filed April 27, 2005). Status: Transferred to S.D. Fla. (March 31, 2006). Bell v. Shah, Civil No. 06-21063 (transferred April 28, 2006). Plaintiff Joel Bell, who serves as a manager for several professional sports players, sued a writer for the the website draftcity.com (which closed when the legal action was threatened) for items on the site disparaging Bell. Ruling on a motion to dismiss, the federal court in Connecticut held that it lacked personal jurisdiction over the defendant, a Florida resident, even though the website was set up and registered by a one-time Connecticut resident. The federal court in Connecticut moved the case to the federal court in southern Florida, where it is currently pending. This is a federal court, not a civil court, case. Are the only safe liberals poor liberals? Not any more! Can criminal charges deter these liars?

Answer: Sorry, I don't understand this question either. The federal court system handles both civil and criminal matters. From the facts given this is still a civil case.

Question: which one is correct? Authority of the court to try a case that has never been tried before. Original jurisdiction Personal jurisdiction Subject matter jurisdiction Territorial jurisdiction

Answer: This is original jurisdiction as opposed to appellate jurisdiction (when a previous tried case is retried)

Question: how do I start a Petition at work and make the mangers listen? In my work place if you cancel any overtime even for 10 mints you get a week band from overtime and they cancel any overtime you have booked for a week. I want to start Petition to allow any employ to cancel one overtime per calendar month, as sometimes you need to cancel overtime for emergences or personal reasons. I need help in getting ideas how to start the Petition.

Answer: you could start a petition by getting all employ-es who have suffered from this to sign a notice of go to the comity and ask for strike for a while until you get treated fairly

Question: How do I petition the city to make days longer? I need more hours of daylight but the city isn't listening. How do I go about making a petition for it?

Answer: just write one up and go around getting other people to sign. and then submit it. shouldn't be too hard.

Question: How do I petition the court for my stepdaughters mother to lose her parental rights? My stepdaughters mom never sees her, I'm talking years, and she is into drugs really bad. How do I petition the court for her loss of parental rights, then what do I have to go through to adopt her. She is 11.

Answer: Get a lawyer. He will know what to do.

Question: How can I petition my state to illegalize free formula samples from being handed out at the hospital? They give them out to every mother, nusring or not. They gave me one "just in case" Just in case of what? I knew I wanted to nurse! How could I petition that to make it illegal? Should I go after the state or the country? Also, my account has been suspended. Star if you missed me.

Answer: I am a breastfeeding advocate, but I certainly do not believe you should try to make these samples illegal. If you do not want it, you CAN refuse-they can not make you take it home. If you do take it home, donate it to a local shelter for women and children, food bank, etc. You should not "go after" the state nor the country. No law is being broken, so you will be wasting your time. Perhaps instead, you could petition your hospital to offer an alternative sample packet for breastfeeding mothers-it could include some lansinoh cream, breast pads, literature about breastfeeding and how to overcome any issues that might arise, contact info to local breastfeeding consultants, coupons for a breast pump, etc. My hospital has a breastfeeding consultant on staff-if yours has one, start with her.

Question: What audience do I target my petition get a tax rebate for green products? Energy star products get a tax rebate, and I want to create a petition to get other green products a tax rebate too. Who do I target the petition to, then where do I send all the signatures?

Answer: Anywhere you like, it won't do any good.

Question: What is the best way to petition for Financial Aid if I already have a BA? I already graduated from a 4 year university but would like to do a semester abroad program through a city college. I'd like to take out a student loan to fund it however the school said I'd have to file a petition for eligibility. When I file this petition what is my best argument?

Answer: Whitney: The effectiveness of your aid petition will be significantly limited by the rules and regulations of the financial aid system. The Federal Student Aid program has very explicit rules that determine the maximum aid a student can receive - and the maximum number of semesters for which they can receive it. No petition can possibly circumvent the legal limitations of the aid program. To the extent that you DO have remaining eligibility, the appeal should be based on a persuasive argument that the semester abroad represents a critical component of your educational preparation for employment, and is not a vanity trip or a social exercise. You'll have to convince the financial aid office that this additional period of instruction is part-and-parcel of your ongoing education. Focus on developing an explanation of why this trip is of educational benefit - don't focus on "why I need the money if I'm going to be able to afford to go." You need money to buy a Lamborghini, too, but the school isn't going to see that as an educational function. If you can't make this trip an educational program, they won't approve the financial aid. Good luck.

Question: How can I petition my minor children to US, I have acquired a green card through marriage to a US Citizen? I filed a divorce in US for my previous marriage in the Philippines. I am now married to a US Citizen and I want to petition my children who are below 12. What are the procedures and how long does it normally take. Does my ex-husband needs to sign a consent that our children can migrate to US?

Answer: I do not know the answers, but can tell you where to start - look up the US immigration website regarding the procedure. You will need to look up Phillippines law about taking them out of that country - and i would assume that you do need their father's consent.

Question: Can we start a petition asking the NFL to require they sing the National Anthem correctly or stop playing it? OK, the Super Bowl is about to start. They just played the National Anthem. When I am at a game, I want to be able to show my national pride and sing along. How can you sing along if they don't play and sing it properly? It drives me nuts! Anyone think we can start a petition asking the NFL - and other sports as well - to require traditional singing of the National Anthem, or out of respect to the nation and the song not sing it at all?

Answer: I agree. I am in Iraq, and my unit along with hundreds of soldiers watched the game in the chow hall. We all had to stand at attention for the singing of our national anthem. I was really embarrased to stand at attention for that disaster of a version of our country's song. When it is played in a traditional form it takes my breath away, and brings a tear to my eye. Not this time.

Question: How do you post petition in your NY neighborhood? I was wondering how do you guys/girls post petition in your NY Neighborhoods. I was wondering because I see all the petition regardding to Save the M8 bus. Do you have to get permission from neighborhood or you could just post on mailbox, poles, etc? I want to set the petition to save the buses from becoming extinct. I want to put the paper linking to petition like putting up flier, etc.

Answer: You have to get permission from city officials. Or the person in charge will take them down.

Question: I need to start a petition to get a neighbor evicted how do I do this? I have been in my rental property for five years.My neighbors moved in a year ago since then theres trash everywhere, I can't put anything outside or they take it and destroy it. Thier kids take rocks and throw them at cars, property, and at each other. I have told the property management and the police but nothing changes.I want to start a petition but I need help.

Answer: Do a search for renters rights or laws regarding rentals in your area. There may be an organization you can contact for help. If you and the offending neighbours are renting from the same company, then look at the rental agreement you signed. If they are in violation of it, that would help. Go around to your neighbours and get them to sign your petition by all means, that's a good idea. But find out what the laws are regarding this in your area. Then you will know your options. If they have actually destroyed any of your property, you should be able to charge them. But without getting them evicted, that might cause more problems as well. My mother has a similiar problem, but in her case they are both owners. Do you have any kind of Block Watch or other Community group there? If so, go to the meetings. I assume you have tried speaking to them. Threatening them will do no good. Good luck.

Question: How do you start a petition banning a specific breed of dog? Specifically, I am looking to start a petition in Broward County, FL, to ban a specific breed of dog.

Answer: You tell me what breed you have in mind and I might tell you how to do it. Are you going after one of the four breeds that are regularly blamed for the majority of dog attacks on children, viz. Rottweilers, Pit Bulls, Dobermans, Chows when statistical information reveals that the breed of dog, originally a French hunting dog, that is responsible for more attacks on children than ANY other is not one of the four mentioned above. Did you guess what it is? Poodle. So if you want to ban Poodles, I'll help you, otherwise, I think I'll create a petition to ban certain breeds of humans, namely blockheads. Actually, I have a cat that is so mean and vicious that it'll bite the crap out of anybody that comes by. A real menace, my half-Siamese is, and the Pit Bull next door is terrified of her! And then like the sign says "Nevermind the dog, beware the owner!"

Question: What does it mean to petition for admission? I am looking at colleges and I don't meet the admissions requirements. It says I can petition for admissions. What does this mean?

Answer: If you don't meet the admissions requirements, colleges usually throw your application out immediately. If you have a reason your grades or scores were low, you can petition for admissions. This means that you will explain to them why your grades or scores were low, possibly through a letter or in person. So instead of your application being thrown out right away, they'll take another look at it and consider your circumstances. So if you had a medical condition or a sudden family death, illness, or other hardship, those circumstances would be acceptable to petition for admissions. What wouldn't be acceptable is if you just hung out with the wrong group of friends or if you were in too many extracurricular activities to keep your grades up. You'll have to contact the school directly to find out exactly how to petition for admissions.

Question: How would I start a petition in my county to help stop the Slaughter of dolphins and whales in Taiji Japan? So I learned about the Slaughter of dolphins and whales in Taiji Japan today in Science class.It is completely awful.If you dont believe me watch the movie The Cove.If I get two hundred names I could send them in and save a dolphins life.But I need help on how to start a Petition.Any helpp would be appreciated.

Answer: http://www.thepetitionsite.com/takeaction/724/210/624 You can direct people to that website or print it out and mail your final petition with all the signatures and verifiable postal addresses to the Japanese Ambassador to the United States, Ichiro Fujisaki. If you just Google "the cove petition" you'll find a lot of people already doing this and I believe it has little effect on the Japanese government. If you noticed in the film, the Japanese people were shocked and horrified to learn what was going on and that they were actually unknowingly purchasing dolphin meat in their markets. I think their government will change only when it's own people rise up and speak out. The film's Reception and Aftermath section in Wikipedia shows that little has been accomplished primarily due to the Japanese political parties: "As of June 2010 the controversy over the film and the film's subject have received little press attention in Japanese-language media in Japan. Boyd Harnell of the Japan Times stated on May 23, 2010 that Japanese news editors had told him that the topic was "too sensitive" for them to cover." You may try connecting with Japanese students at local universities and college campuses who come here on educational study visas. They not only speak the language but may be able to share their culture with you. They can carry the message back home. Freedom of speech is not something commonly practiced in other countries and as Americans we can't help unless we understand how other governments control information and access to their citizens. You can also join environmental groups like Oceana: http://en.wikipedia.org/wiki/Oceana_%28non-profit_group%29

Question: How can i check the status of a Relative Immigrant Visa Petition? My grandfather who has US citizenship petitioned my aunties for a Relative Immigrant Visa in 1994. Since then, my grandfather has moved back to the Philippines. The status of the petition is still unknown. Is there any way of checking the status of the petition(s). Also, is there any way to expedite the process?

Answer: If he petitioned in 1994 you should have heard something about 12 or so years ago. But since he was the sponsor and has moved back to the Philippines I doubt that the checking the status would do any good. But you can try to check on the ins website or you can call the immigration office where they were filed. Sorry I couldn't be more help.

Question: How do i make a petition to make the myxomatosis vaccine available in australia? I want to do a petition to make the myxomatosis vaccine available in australia for pet rabbits. I know quite a few people who want to help as well. How would i make the petition? and who would i have to send the petition to once i have enough signatures? Thanks in advance for your answers

Answer: I think there already is one, I'll try and find a link! http://members.iinet.net.au/~rabbit/pam.htm http://www.gopetition.com.au/petitions/make-myxomatosis-vaccine-legal/signatures.html Good luck! I hope that we can get the vaccine here one day- it is just wrong that they wont allow it. Apparently they think that the vaccine could spread to the wild rabbit population. I think a good idea would be to bring in the Vaccines for desexed bunnies only, then it eliminates the fear of spreading the vaccine to the wild rabbit population, while promoting responsible rabbit ownership :)