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Fifth Circuit Court of Appeals make guesses as to how the Texas Supreme Court would rule on an issue of state law that is still unsettled due to a conflict among the intermediate courts of appeals. [1] Such an issue may also be referred to the Texas Supreme Court by certified question, [2] but this procedure is rarely employed.
In 1977, the United States Court of Appeals for the Fifth Circuit interpreted the Anti-Pinkerton Act as forbidding the U.S. government from employing companies offering "mercenary, quasi-military forces" for hire (United States ex rel. Weinberger v. Equifax, 557 F.2d 456, 462 (5th
The current entering any junction is equal to the current leaving that junction. i 2 + i 3 = i 1 + i 4. This law, also called Kirchhoff's first law, or Kirchhoff's junction rule, states that, for any node (junction) in an electrical circuit, the sum of currents flowing into that node is equal to the sum of currents flowing out of that node; or equivalently:
A "discovery rule" applies in other cases (including medical malpractice), or a similar effect may be applied by tolling. According to U.S. district judge Sean J. McLaughlin, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication. [14]
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The Supreme Court explained that if a statute is silent about the burden of persuasion, the court will "begin with the ordinary default rule that plaintiffs bear the risk of failing to prove their claims". [61] In support of this proposition, the Court cited 2 J. Strong, McCormick on Evidence § 337, 412 (5th ed. 1999), which states:
An exception to this rule was Athens, which by the laws of Solon forbade enslavement for debt; as a consequence, most Athenian slaves were foreigners (Greek or otherwise). The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency. [3] Bankruptcy is also documented in East Asia.