A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
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How its tested
Common Examples
6
Merger Bars Oral Promise Claim
Samantha Stone bought land from Spencer Silver under a contract containing a merger clause. After closing the deed omitted a prior oral boundary promise. Samantha sued in state court to enforce the promise. The court applied the merger doctrine and dismissed the claim because the promise was not in the deed.
Jury Trial Right in Federal Court
Sierra Santos sued a neighbor in federal court for $50,000 in damages arising from a boundary dispute. The neighbor demanded a jury trial. The court preserved the jury right under the Seventh Amendment because the suit was at common law and exceeded twenty dollars.
Sabrina Shah retained Sentinel Security to pursue a personal injury claim under a written contingent fee agreement that disclosed the percentage and expense deductions. The firm recovered a settlement. The agreement complied with professional conduct rules because it was signed and stated the method for calculating the fee.
Lease Writing Requirements Met
Santiago Sanchez leased commercial space to Sterling Dynamics for five years at a stated monthly rent. The signed writing identified the parties, premises, duration, and rent. The lease satisfied the statute of frauds and created a valid tenancy.
Parents Choose Private School
Samuel Soto and his wife enrolled their children in a private academy rather than the local public school. State officials threatened to compel public attendance. The court held that the state could not require all children to attend public schools because parents hold the fundamental right to direct their children's education.
Custody Order Binds Parties
Sapphire Technologies obtained a custody determination in State A. The mother had been served and given an opportunity to be heard. The order conclusively resolved all issues of law and fact as to her under the uniform act.
4 common questions
Students Frequently Ask...
Does the term state include only U.S. states or also territories?
The term includes a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
May a state require all children to attend only public schools?
A state may prescribe reasonable educational standards but may not require all children to attend public schools because parents possess a fundamental right to direct the upbringing and education of their children, including the choice of private education.
When does a child-custody determination by one state bind persons in another state?
A child-custody determination made by a court of this State that had jurisdiction binds all persons who have been served in accordance with the laws of this State or notified in accordance with Section 108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.
What writing elements make a lease enforceable under the statute of frauds?
A lease within the Statute is valid if evidenced by a writing that identifies the parties, identifies the premises, specifies the duration of the lease, states the rent to be paid, and is signed by the party to be charged.
5 U.S. (1 Cranch) 137 (1803)
Syllabus The Supreme Court of the United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to…