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which parties have standing to challenge president trump’s appointment of matt whittaker as acting attorney general? the constitution of the united states provides that the president of the united states can appoint.. the reasonable person standard to determine whether a defendant breached his duty of care in a negligence case, a court will compare the defendant’s conduct to the conduct that we would expect from a ‘reasonable.. exceptions to mandatory counterclaims under rule 13(a)(2)(b) rule 13 of the federal rules of civil procedure governs counterclaims in federal court.  some counterclaims are mandatory, meaning that the party being sued must... what is the separate sovereigns exception to the double jeopardy clause? federal and state governments are ‘separate sovereigns’.  if they prosecute a person for the same act, is that unconstitutional ‘double jeopardy’? double jeopardy and the fifth amendment the fifth... are federal court decisions interpreting federal laws binding on state courts? most commentators and courts agree that state courts are only bound by the supreme court when interpreting the constitution and federal statutes state courts sometimes decide cases which require them to interpret the.. the twenty-fifth amendment and removal of the president amendment xxv of the united states.. recent legislation proposed by senator elizabeth warren (d-ma) and other senators provides us with.. us courts permit pleading in the alternative or ‘alternative pleading’ rule 8 of the federal rules of civil procedure, and similar rules of procedure in state courts, allow parties to plead in the alternative. ... what is the difference between a contract of adhesion and an unconscionable contract? contract of adhesion vs. unconscionable contract a contract of adhesion is a standard form contract, usually created by one party with much stronger bargaining power, that another party will have to either sign as is, or reject...