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2007 Edition (1st and 2nd Series) – Large File
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TABLE OF CONTENTS
GO TO ADMINISTRATIVE LAW PAGE
§ 1 General
Provisions
§ 2 Administrative
Agencies, Officers and Agents
§ 3 Separation
of Administrative and other Powers
§ 4 Powers & Proceedings of
Administrative Agencies, Officer & Agents
4(1) Due
Process
4(2) Rules
and Regulations
4(3) Hearings
and Adjudications
§ 5 Judicial
Review of Administrative Decisions
5(1) Finality
and Exhaustion
5(2) Procedure
5(3) Scope of Review
5(4) Disposition
§ 1 Jurisdiction and Procedure
§ 2 In Personam
and In Rem Actions
§ 3 Preferred Ship Mortgages &
Maritime Liens
§ 4 Maritime Contracts
§ 5 Maritime Torts
GO TO AGENCY AND PRINCIPAL PAGE
§ 1 Creation,
Existence, and Termination of Agency
§ 2 Authority
of Agent
2(1) General Provisions
2(2) Express Authority
2(3) Implied Authority
§ 3 Rights,
Duties, and Liabilities
3(1) Between Principal and Agent
3(2) Between Principal and Third Person
3(3) Between Principal and Independent
Contractor
3(4) Between Agent and Third Person
GO TO AMERICAN SAMOA
GOVERNMENT PAGE
§ 1 The
Federal Government, Constitution, & Laws of
§ 2 Separation
of Powers
§ 3 The
Legislature
3(1) Power and Authority
3(2) Committees
3(3) Legislation
§ 4 The
Executive
4(1) The Governor
4(2) Power and Authority
4(3) Agencies
§ 5 The
Judiciary
5(1) Power and Authority
5(2) Administration of Court
5(3) Disqualification – Recusal
5(4) Precedence and Stare Decisis
5(5) Supervision of Proceedings and Litigation
5(6) Supervision of Judgments and Settlements
5(7) Contempt
§ 6 Sovereign
Rights
§ 7 Public
Records
§ 8 Government
Employees
GO TO BANKRUPTCY PAGE
§ 1 General
Provisions
§ 2 Stay
of Proceedings
GO TO CIVIL PROCEDURE PAGE
§ 1 Jurisdiction
1(1) General Provisions
1(2) Personal Jurisdiction
1(3) Subject Matter Jurisdiction
1(4) Issues Related to Federal Jurisdiction
1(5) Bankruptcy
1(6) Admiralty
§ 2 Notice
2(1) General Provisions
2(2) By Publication
2(3) By Posting
§ 3 Pleadings
3(1) General Provisions
3(2) Liberal Construction
3(3) Amending Pleadings
§ 4 Dismissal
of Actions
4(1) General Provisions
4(2) Failure to State a Claim – 12(b)(6) Motion
4(3) Court’s Discretion
4(4) Compared to Summary Judgment Motion
§ 5 Parties
5(1) General
Provisions
5(2) Joinder
5(3) Class
Actions
§ 6 Discovery
6(1) General Provisions
6(2) Depositions
§ 7 Summary
Judgment
7(1) Standard
7(2) Opposition to Motion
7(3) Compared to 12(b)(6) Motion to Dismiss
7(4) Compared to Motion for Default Judgment
7(5) Compared to Motion for Partial Summary
Judgment
7(6) Within Court’s Discretion
7(7) By Affidavit
7(8) Notice and Hearing
7(9) Summary Judgment Denied
7(10) Summary Judgment Granted
7(11) Issues Not Usually Decided by Summary
Judgment
7(12) De Novo Review
§ 8 Injunctions
8(1) General Provisions
8(2) Preliminary Injunctions
8(3) Injunctions Granted
8(4) Injunctions Denied
8(5) Substantial Likelihood of Success
8(6) Irreparable Injury
8(7) Permanent Injunctions
8(8) Compared to Stay Pending Appeal
§ 9 Equitable
Remedies
9(1) General
Provisions
9(2) Estoppel, Unclean Hands
9(3) Laches
9(4) Tolling
9(5) Subrogation
9(6) Constructive Trusts
§ 10 Judgments
10(1) Enforcement of Judgments
10(2) Validity of Judgments
10(3) Orders in Aid of Judgment
10(4) Declaratory Judgments
10(5) Default Judgments
10(6) Interlocutory & Collateral Orders
10(7) Res Judicata & Collateral Estoppel
§ 11 Post
Judgment Motions & Appeals
11(1) Motion for New Trial or Reconsideration
11(2) Relief from Judgment or Order - Rule 60
Motion
11(3) Stay of Proceedings
11(4) Appellate Jurisdiction
11(5) Petition for Rehearing
11(6) Appellate Procedures
11(7) Costs of Appeal
11(8) Findings of Law – De Novo Review
11(9) Findings of Fact – Clearly Erroneous
11(10) Credibility of Evidence and Witnesses
11(11) Administrative Agency Decisions
11(12) Abuse of Discretion
11(13) Harmless and Reversible Error
§ 12 Conflict
of Laws
12(1) Law of the Forum
12(2) Foreign Courts and Judgments
§ 13 Writs
§ 14 Garnishment
GO TO CONSTITUTIONAL LAW PAGE
§ 1 Judicial
Review
§ 2 Case
or Controversy (Standing and Mootness)
§ 3 Constitutional
and Statutory Interpretation
3(1) General Provisions
3(2) Legislative Intent
3(3) Statutory Construction
3(4) Conflict of Laws
§ 4 Separation
of Powers
§ 5 Full
Faith and Credit
§ 6 Political
Questions
§ 7 Individual
Rights
7(1) Due Process
7(2) Equal Protection
7(3) Freedom of Speech, Press, and Religion
7(4) Takings and Just Compensation
7(5)
Cruel and Unusual Punishment
§ 8 Contracts
§ 9 Habeas
Corpus
GO TO CONTRACTS PAGE
§ 1 Contract
Formation
1(1) Meeting of the Minds
1(2) Consideration
1(3) Offer and Acceptance
1(4) Requirement of a Writing: The Statute of
Frauds
1(5) Oral
Agreements
1(6) Bailment
Contracts
1(7) Quasi
Contract
1(8) Conditions
Precedent and Subsequent
§ 2 Responsibilities
and Authority of Parties Forming a Contract
§ 3 Unenforceability
3(1) Public Policy
3(2) Unfairness, Fraud and Unconscionability
3(3) Mistake and Impossibility
§ 4 Ratification
and Repudiation
§ 5 Contract Interpretation
5(1) General Provisions
5(2) The Uniform Commercial Code
§ 6 Performance
and Breach
§ 7 Remedies
7(1) Statute of Limitations
7(2) Specific Performance and Injunctions
7(3) General Measure of Damages
7(4) Quantum Meruit
7(5) Liquidated Damages
GO TO CORPORATION AND PARTNERSHIP PAGE
§ 1 Formation
of Corporations
§ 2 Preincorporation Transactions
§ 3 Piercing
the Corporate Veil
§ 4 Financing
the Corporation
4(1) Share and Share Values
4(2) Personal Debt and Corporate Assets
§ 5 Corporate
Structure: Voting, Elections, Board Meetings, etc.
5(1) Shareholders
5(2) Directors
§ 6 Types
of Corporations
6(1) Closely Held Corporation
6(2) Public Corporation
§ 7 Duties
of Directors, Shareholder and Officers
§ 8 Shareholder’s
Suits
8(1) Shareholder’s Suits
8(2) Third Party Suits
§ 9 Organic
Changes: Amendments, Mergers and Dissolution
§ 10 Partnerships
10(1) General Provisions
10(2) Formation
10(3) Service on a Partnership
GO TO CRIMINAL LAW PAGE
§ 1 General
Provisions
§ 2 Liability
2(1) Mens Rea
(Intent)
2(2) Actus
2(3) Causation
§ 3 Defenses
§ 4 Specific
Crimes
4(1) Inchoate Offenses
4(2) Offenses Against the Person
4(3) Sexual Offenses
4(4) Prostitution
4(5) Offenses Against the Family
4(6) Abortion
4(7) Robbery, Arson, Burglary and Related
Offenses
4(8) Stealing and Related Offenses
4(9) Weapons
4(10) Gambling
4(11) Pornography and Related Offenses
4(12) Offenses Against Public Order
4(13) Offenses Against the Administration of
Justice
4(14) Offenses Affecting Government
4(15) Traffic Offenses
4(16) Drug Offenses
4(17) Miscellaneous Offenses
GO TO CRIMINAL
PROCEDURE PAGE
§ 1 Rules
of Criminal Procedure
§ 2 Criminal
Complaints, Indictments and Bills of Information
§ 3 Pleas
§ 4 Trials
4(1) Pre-Trial Matters
4(2) Competence to Stand Trial
4(3) Bifurcated Proceedings
4(4) Discovery
4(5) Speedy Trial
4(6) Severance and Joinder
4(7) Trial by Jury
4(8) Right to a Public Trial
4(9) Witnesses
4(10) Juveniles
4(11) Self Incrimination
4(12) Mistrial
§ 5 Punishment
5(1) General Provisions
5(2) Constitutional Restrictions
5(3) Deportation
5(4) Probation
5(5) Parole
5(6) Parole Revocation
5(7) Conditions upon Release
§ 6 Collateral
Estoppel
§ 7 Post-Verdict
Motions
7(1) Motion for Judgment of Acquittal
7(2) Motion for New Trial
7(3) Motion to Vacate Sentence
7(4) Motion to Reduce Sentence
7(5) Appeal by Defendant
7(6) Appeal by Government
7(7) Habeas Corpus & Conditions of
Confinement
7(8) Miscellaneous Motions
§ 8 Constitutional
Protections
8(1) Due Process
8(2) Equal Protection
§ 9 Interrogation
and Miranda
9(1) Voluntary Statement
9(2) Custody
9(3) Interrogation
9(4) Waiver
9(5) Invoking Miranda Rights
9(6) Exclusion of Fruit of Poisonous Tree
§ 10 Searches
& Seizures
10(1) Searches in General
10(2) Search Warrants
10(3) Warrantless
Searches
10(4) Plain View
10(5) Arrests
10(6) Terry Stops
10(7) Traffic Stops
10(8) Application of Exclusionary Rule
§ 11 Counsel
11(1) General Provisions
11(2) Right to Counsel
11(3) Effective Assistance of Counsel
§ 12 Witness
Identifications
§ 13 Double
Jeopardy
§ 14 Cruel
and Unusual Punishment
GO TO ELECTIONS PAGE
§ 1 General
Provisions
1(1) Election Commissioner
§ 2 Registration
2(1) Generally
2(2) Appeals
§ 3 Issues-Candidates
3(1) Nomination of Candidates
3(2) Challenging of Candidates
3(3) Certification of Winning Candidate
3(4) Appeal to High Court
§ 4 Voting
Procedures
4(1) General Provisions
4(2) Illiterate & Disabled
§ 5 Election
Contests
5(1) Tie Vote
5(2) Contests for Cause – Generally
5(3) Contests for Cause – Filing Complaint
§ 6 Elections
Offenses
§ 7 Senate
Elections
7(1) Election Procedures
7(2) Appeal to High Court
GO TO EMPLOYMENT LAW PAGE
§ 1 General
Provisions
§ 2 “At
Will” Employment
§ 3 Independent
Contractors
§ 4 Government
Employees
§ 5 National
Labor Relations Board
§ 6 Wages
§ 7 Workmen’s
Compensation
GO TO ENVIRONMENTAL
LAW PAGE
§ 1 General Provisions
GO TO EVIDENCE PAGE
§ 1 General
Provisions
§ 2 Judicial
Notice
§ 3 Presumptions
3(1) General Civil Actions
3(2) Land & Titles Division
3(3) Matai
§ 4 Relevance
§ 5 Privileges
§ 6 Witnesses
6(1) General
Rule of Competency
6(2) Credibility
and Impeachment
§ 7 Opinions
and Expert Testimony
§ 8 Hearsay
§ 9 Authentication
and Identification
§ 10 Contents of
Writings, Recordings & Photographs
GO TO FAMILY LAW PAGE
§ 1 Marriage
1(1) Validity
1(2) Annulment
§ 2 Divorce
2(1) Grounds
2(2) Property Distribution
2(3) Child Custody
2(4) Child Support
2(5) Service of Process
§ 3 Children
& Minors
3(1) Best Interests of the Child
3(2) Involuntary Relinquishment of Parental
Rights -
Termination
3(3) Voluntary Relinquishment of Parental
Rights – Adoption
3(4) Guardianships
3(5) Rights in Court
§ 4 Legitimacy & Inheritance
§ 5 Family
Purpose Doctrine
§ 6 Records
GO TO IMMIGRATION PAGE
§ 1 General
Provisions
§ 2 Immigration
Board
§ 3 Deportation
3(1) General Provisions
3(2) Procedures
3(3) Grounds
3(4) Stay of Order
§ 4 Sponsors
GO TO INSURANCE
PAGE
§ 1 General
Provisions
§ 2 Automobile
Insurance
§ 3 Right
to Sue
GO TO INTERNATIONAL LAW PAGE
§ 1 General
Provisions
§ 2 Air
Transportation
GO TO LEGAL
PROFESSION PAGE
§ 1 The Office of Attorney
§ 2 Scope of Representation
§ 3 Duty to Client
3(1) General
Provisions
3(2) Conflict
of Interest
3(3) Malpractice
3(4) Ineffective
Assistance of Counsel
§ 4 Duty to Court
4(1) General
Provisions
4(2) Sanctions
§ 5 Compensation
5(1) Compensation From Client
5(2) Litigation Expenses
GO TO MATAI TITLE DISPUTES
PAGE
§ 1 Territorial
Registrar Procedures
§ 2 Land
& Titles Division Procedures
§ 3 Appellate
Review
§ 4 Traditional
Determination of Matai
4(1) General Provisions
4(2)
4(3) Joint Title Holders
4(4) Holding Two Titles
§ 5 Initial
Qualifications for Title
§ 6 Statutory
Qualifications for Title
6(1) General
Provisions
6(2) Best
Hereditary Right
6(3) Clan
Support
6(4) Forcefulness, Character & Personality,
Knowledge of
Customs