#remedial law

[originalstarlightsheep]

Pics from last night.

Was supposed to study for my Remedial Law Pre-Finals tomorrow but I ended up just doing an hour and 30 mins after dinner.

I hope I can get most of my readings done today as it's my last chance.

😭

[beautifulsnake2162020]

Okay I'm just wondering - to the lawyers/law students out there.

In my state, it's now valid to file or serve documents via e-mail and other electronic means (i.e. via text, Messenger, Viber, etc). But service of summons is only valid via the e-mail (this is apart from the traditional means such as personal submission or via a courier mail service).

I'm just wondering out of curiosity if this is the same case with other states (feel free to be as detailed about it as possible).

Tagging: @coloricioso @jane-ray @fiercenpippinand @igotanidea because you guys are the only ones I know of in the legal profession in this site😅

[inomniaparatus23]

Now Reading : Should the State have the Right to Appeal Adverse Judgments in Criminal Cases?

Author: Juanito C. Castaneda Jr.

[carriesthewind]

I beg of you.

If you ever find yourself in legal trouble, and you cannot afford a lawyer, please seek out free legal services in your area. Especially if you live in a major metropolitan area in the U.S. - there is a good chance that there is at least *some* free legal services available.

Please seek out those legal resources even if you think it is too late. Or even if you think there will be nothing a lawyer can do to help. Or hell, even if you think you've already got everything covered and you don't need help - best case scenario, a lawyer can confirm you are correct and you can sleep easier. (And if you are wrong - they can tell you before you learn the hard way.)

And please seek out those legal resources even if you have other, non-legal assistance. A social worker, a case manager, etc. - they are not a lawyer.

Be prepared for any legal services to be brief, and limited (e.g. just advice). Be prepared for a lawyer to only give you bad news, and tell you there is nothing they can do to help. But you don't know what legal options you might have until you seek them out.

This post was brought to you by seeing people who have been evicted, people who didn't reach out for legal help because they thought it was too late, or they thought a lawyer couldn't help, or because they thought they had it covered, or because they were working with a social worker/case manager/etc. who they trusted to know all of their options.

People whose evictions could have been stopped, if they had known to reach out for legal aid in advance.

[seilon]

love when this is referred to as the gifted kid website. shockingly my mental disorders made me mentally disordered and school never really vibed with that so. couldn’t be me

[maddie-grove]

I knew a guy in law school who was just really proud of not knowing things. For some reason the two things that come to mind are that he didn’t know who Harvey Weinstein was (it was 2017-2018) and he didn’t know who Paddington Bear was. And, if you gave a brief explanation of who they were so he could be caught up and participate in the conversation (“he’s a big movie producer who’s in trouble for sex crimes” or “he’s a bear from a picture book”), he would simply fold his arms and say he didn’t pay attention to that kind of thing. He didn’t believe in reading newspapers because he only read peer-reviewed articles. And if you asked him if he didn’t get his news rather late that way, he would look smilingly out of a window and change the subject.

[nehswritesstuffs]

I'm so tired, I gotta get some sleep. BUT, before I do. Fanfic writers' meme.

18. If you wrote a sequel to [the fic where Law gets his doctors' licence], what would it involve? (love that fic!)

Ooooh! This is a good one! I love that fic too, if we're being honest. It's a good choice. Early Heart Pirates stuff can be so neat, and adding Law doing real doctor stuff is even better.

So... if I wrote a sequel to Peer Review [FFN/AO3], then it would likely involve the trials and tribulations of actually getting a paper into shape to be published, or he would make a token appearance at a medical conference in Lvneel (or representing Lvneel), and things would get wacky from there. There's lots of ways I can maneuver it... hmm...

Now go get some sleep, my friend.

Want one of these fan fiction questions answered? I'm still taking asks!

[littleststarfighter]

Happy Holidays!

Or as us Northern English folk say have a Proper Crimbo! ❤️🎄😘

[darkwood-sleddog]

me: stressing over not finding the metal garden boxes i want ANYWHERE in the county. exhausted.

also me: finding out the price of a cedar board rn:

[lovphobic]

do everything u can in your life to never need stitches on your scalp. u will hate existence and turn so so evil until the tightness wears off.

anyways im gonna finish reve/nant and then trial some chocolate chip cookies for my brother's gf (it would be so rude as a bestie in law to not give her some cookies when we come to pick up my brother (who will be receiving cookies also) for a family vacation)

[originalstarlightsheep]

Midterms Day #4 aka second to the last midterm exam in law school (ever?!)

Spent some time with family while they were in town.

Also got quite a bit of studying done at a cafe while my love went thrifting.

That's a wrap on Remedial Law (for now). 🌚

[beautifulsnake2162020]

YES Redemption recitation! 🥰🥰

[mashupofmylife]

sometimes I remember how this whole situations is fucking bullshit and it just makes my blood pressure go up while I get a little twitchy

[seemabhatnagar]

"Supreme Court Reinstates Employee After Withdrawal of Resignation before Acceptance: Equitable Justice Restored"

The Supreme Court allowed the appeal, set aside the Judgement of the Division Bench of the High Court of Karnataka, and reinstated the appellant - S D Manohara into service.

Moreover, the Respondent was directed to give the appellant 50% of his salary from 01.07.2014 (when he was relieved) to the date of reinstatement.

The Court added that this period will also be counted for pensionary benefits.

S D Manohara v. Konkan Railway Corporation Ltd. & Others

SLP 15788/2021

Before the Supreme Court of India

Heard by Hon'ble Mr. Justice P S Narasimha J & Hon'ble Mr. Justice Pankaj Mithal J

Background

The appellant, S.D. Manohara tendered his resignation on 05.12.2013 after 13 years of service with the Konkan Railway Corporation. After resigning the appellant attempted to withdraw his resignation on 26.05.2014.

The respondent claimed the resignation had already been accepted on 15.04.2014, effective from 07.04.2014, and rejected the appellant’s withdrawal request on 23.06.2014. The appellant was formally relieved from service on 01.07.2014.

The appellant challenged this through a Writ Petition before the Karnataka High Court, where the Single Judge allowed his petition. Still, the Division Bench overturned the decision of the Single Judge.

Legal Issue

Whether the appellant withdrew his resignation before its acceptance by the respondent, making his dismissal invalid.

Arguments of the parties

Appellant's Argument

The resignation was not accepted before the appellant withdrew it. The communication of acceptance dated 15.04.2014 was an internal document and was not conveyed to the Appellant.

The appellant relied on his continued service and correspondence, including letters from his wife and his report for duty on 19.05.2014, as proof that his resignation had not been finalized.

Respondent's Argument

The resignation was accepted on 15.04.2014, effective from 07.04.2014, and the withdrawal of resignation on 26.05.2014 was after its acceptance.

Therefore, the withdrawal is invalid, and the appellant was rightly relieved on 01.07.2014.

Court's Observation

The resignation acceptance letter dated 15.04.2014 was an internal communication that had not been served on the appellant.

There was no conclusive evidence that the resignation was accepted before the appellant attempted to withdraw it.

The appellant’s continued correspondence and reporting to duty supported the conclusion that the resignation had not been finalized.

Resignation can be withdrawn before its acceptance.

There was no finality to the resignation as evidenced by ongoing communications between the parties.

Seema Bhatnagar

[poligraf]

As "unkindness has no remedy at law," let its avoidance be with you a point of honor.

— Hosea Ballou