Arizona appellate court case. Arizona Background In this paper, I choose to explore the popular Miranda v. With the basis for its decisions lying in the Mapp v Ohio case, Gideon v Wainwright case, and the Escobedo v.
Download this Research Paper in word format. Though this will be addressed in greater detail later, the problematic nature of this legal obligation is the fact that the time spent litigating the case in the district court, when Union Pacific believed that court to have jurisdiction, contributed to the expiration of the statue of limitations, suggesting that plaintiffs with legitimate claims may ultimately fail in litigation solely due to a kind of confusion on the part of the courts.
Furthermore, Lettow decided that the accrual should not have begun at the time of the derailment, because even though an investigator could have seen that the culverts were made of metal instead of concrete, investigators may not have been aware of the details of the contract at that time.
Because Union Pacific acknowledged the metal culverts as both the cause of the derailment and a breach of contract in that administrative Appellate opinion research paper, there was no choice but to determine that Union Pacific was aware a breach occurred, and thus accrual must begin.
As a result, Lettow had no choice but to dismiss the claim, given that the statue of limitations had expired by the time Union Pacific brought the case to the Court of Federal Claims in February Perhaps the most obvious issue raised by this decision is the aforementioned "draconian" necessity of enforcing a statute of limitations such that a case is dismissed even as the plaintiff, acting in good faith, specifically did not take the case to the Court of Federal Claims out of a belief that the district court had jurisdiction over the matter.
The problem is not that claims can expire, but rather that the particular process of the courts, and particularly the Court of Federal Claims, may be set up in such a way as to give the government unwarranted advantage in defending itself from legitimate claims.
That the government attempts to exploit jurisdictional issues in its cases before the Court of Federal Claims is not in question, as evidenced by two recent opinions issued by that same court, Extreme Coatings Inc.
In the former case the government attempted to have the case dismissed on the grounds that the plaintiff did not properly file a claim to the government contracting officer, and as such the court did not have subject matter jurisdiction over the claim Wheeler,p.
A Research Project On Action Research Words | 8 Pages. Introduction: Action research is a structured process of inquiry by and for the person taking the action. View this research paper on Appellate Opinion in the Case. Normally the accrual begins at the time of the breach but Union Pacific was able to make a convincing. Appellate Opinion. Research Project By: LaVetra Speight ASCM Legal Aspects of Contracting University of Maryland University College Due: November 9,
This is not to begrudge the government its right to question jurisdiction in its own defense, but simply to point out that it is a common and although not in the case of Extreme Coatings Inc. The other decision, Hartford Fire Insurance Company v.
At issue was a contract between the Hartford Fire Insurance Company and the Army Corps of Engineers, and in particular whether or not the Corps had wrongly disbursed funds to another contractor with whom Hartford was associated.
In that case, the government argued among other things that "any lawsuit Hartford might have would be more akin to an impairment of suretyship claim, which cannot be maintained against the United States" Futey,p.
Both opinions further demonstrate the importance of the Court of Federal Claims to contract lawbecause the Tucker Act makes the Court the preeminent authority on large government contractswhich have rapidly become one of the most lucrative kinds of employment for large firms.
As a result, problems or complications with federal contract law can have far-reaching ramifications, not only for the companies involved, but also for the public at large, who frequently deals with these companies or their handiwork without their knowledge.
For example, in its decision in Bowen v. The problem with this complication of jurisdiction is that it opens up plaintiffs and defendants alike to the kind of jurisdictional and statute of limitations issues that arise when cases are bounced from one court to another independent of the regular appeals process.
As Lettow lamented in his opinion, and other commentators have expressed elsewhere, the "costly and time-consuming path through federal District and appellate courts" frequently serves to derail the course of justice by using the letter of the law to contradict the spirit of it "Taking on takings law,"p.
Considering the sheer monetary value of the cases considered by the Court of Federal Claims, the public policy implications of the Union Pacific Railroad decision should be staggering.Appellate opinion research paper year essay.
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A Research Project On Action Research Words | 8 Pages. Introduction: Action research is a structured process of inquiry by and for the person taking the action. Free Essay: Appellate Opinion Research Project By: LaVetra Speight ASCM Legal Aspects of Contracting University of Maryland University College Due.
Free Essay: The Appellate Process The two basic types of courts in the United States are trial courts and appellate courts. Appellate Opinion Research Project Essay.