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alex41 [277]
3 years ago
5

Harvey is a resident of California. Harvey files an action in Orange County Superior Court, California against Microsoft allegin

g $100,000 in damages in a claim arising under the Federal Securities Act of 1933. Microsoft is properly served a summons and complaint in California. Microsoft requests that its attorney file a Demurrer for lack of subject matter jurisdiction. Will Microsoft win the Motion? Please explain why or why notIf they wanted to get to federal court, what could they do?
Law
1 answer:
enyata [817]3 years ago
5 0

Answer:

They would not win the motion.

Explanation:

Due that Harvey is a resident he can file it their.

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valentinak56 [21]

Answer:

Explanation:

Appeal:

An appeal is the process of making a formal request to a higher (appellate) court to reverse a lower court’s decision after the lower court has made a final judgment or ruling. Often, the losing party files an appeal with the higher court; this begins the appellate review process. An appellate court reviews the facts as presented in the trial, and no other evidence is considered in making an appellate decision. The main purpose of an appeal is to review the legal decisions made at the trial court level.

Appellant:

An appellant is the party to a lawsuit who is seeking an appeal from a lower court decision. The appellant is typically the party who lost at the trial court level. The appellant must file a notice of appeal and offer a legal brief to the appellate court, putting forth its legal arguments and its legal basis for the appeal.

Appellee:

An appellee is the party who wins the judgment at the trial court level. The appellee must respond to the appellant’s legal arguments by filing a legal brief and appear in court, if necessary, to argue to the appellate court why the lower court decision should not be disturbed.

Harmless error:

Harmless error is an error allegedly made by a lower court judge that an appellate court finds insufficient to alter or amend the lower court’s decision. The error is deemed “harmless” because reconsideration of the alleged error would have no bearing on the outcome of the lower court’s decision. An example of a harmless error would be a technical error made by the lower court that, under the applicable law, was improperly decided; yet, the remaining evidence substantially supports the original judgment.

Injunction:

An injunction is an order issued by the court which orders a party to do something or prohibits the party from doing something. An injunction may be proper when a party may be harmed by another party’s threatened actions.

Interlocutory appeal:

An interlocutory appeal is a type of appeal that seeks the review of a temporary order (such as an injunction) that is related to a pending lawsuit. An interlocutory appeal is filed and heard while the underlying action is still proceeding at the trial court level.

Mandamus:

A mandamus action is an order issued by a court that orders a governmental body or public agency to perform an act required by law. Often, a mandamus action is sought when a governmental body or public agency fails or refuses to act under an applicable law.

Writ of certiorari:

A writ of certiorari is a type of judicial order from an upper level court to a lower court (for example, the U.S. Supreme Court to a U.S. Court of Appeal) to send the court record and related documents of a particular case to the higher court for its review. A writ of certiorari is typically associated with the review of lower court decisions by the U.S. Supreme Court or state supreme courts. The appealing party must file a writ of certiorari (also sometimes referred to in short hand as “cert”) to the higher court, which may agree to review the lower court's decision ("granting certiorari") or may refuse to review the lower court's decision ("denying certiorari").

4 0
3 years ago
Economic Survey
artcher [175]

The case portrays the need for a review of income and property taxes, highlighting information on which taxes should or should not have their exemption limits extended and how this affects the country's infrastructure.

Accordingly, we can answer the other questions as follows:

  1. Economic research is against increasing the income tax exemption limit, as this would harm the poorest population.
  2. The research states that the property tax is important for the growth of the country's infrastructure, in addition to falling on objects that are easy to identify and that belong to the richest population.

<h3>How does the survey present this information?</h3>

The research shows that the income import should matter the exemption in the poorest population and this is a way to promote more taxpayers for this tax. This is because by allowing poor people to be exempt from income tax, the State promotes economic ascension, allowing these people to reach higher economic levels and leave the lower classes, becoming taxpayers.

However, the research is in favor of extending the exemption limits for property tax. This is because these taxes must fall on people who own buildings and residences. These people have a higher economic standard and are easily identified since the properties are immovable assets.

Learn more about income tax:

brainly.com/question/17075354

#SPJ1

4 0
2 years ago
Who is the president of nigeria​
Nataly [62]

Answer:

Muhammadu Buhari

Explanation:

On 29 May 2015, Muhammadu Buhari was sworn in as President of the Federal Republic of Nigeria and the 15th head of state after winning the general election.

Glad I could help!!

4 0
3 years ago
Read 2 more answers
What does the Legislative Branch?
gayaneshka [121]

Answer:

create laws

Explanation:

8 0
2 years ago
Read 2 more answers
For several weeks Bates used his noisy power lawn mower every Sunday morning at sunrise. Several neighbors asked him to mow his
user100 [1]

Answer:

well, the correct first act would be to file a noise complaint, but for the answers given, I would choose D.

Explanation:

A. to sue bates for money damages would be not smart as there is no evidence that he did any damages. he's just using a noisy lawn mower.

B. Bates did not commit a crime as far as we know. unless they have filed multiple complaints, this is just a simple agitating thinghe's doing.

C. to present a signed petition seems a little far-fetched. I belive this would be the correct thing to do if this continues. but the amount of time it would take to get all of the votes it wouldn't even be worth it at the end.

with all of those rolled out, the best answer Is D.

please make me brainliest.

4 0
2 years ago
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