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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
6(5) Value to Family, Village and County
§ 7 Priority
of Statutory Criteria
§ 8 Determination
of Prevailing Candidate
§ 9 Enforcement
of Matai Title Decisions
§ 10 Removal
of Matai
GO TO REAL PROPERTY PAGE
§ 1 Public
Lands
1(1) Generally
1(2) Cession
1(3) Eminent Domain
1(4) Leases
§ 2 Communal
Lands
2(1) Public
Policy
2(2) Evidence
of Communal Ownership
2(3) Role
of Matai
2(4) Rights
of Family Members
2(5) Separation-of-Structure
Agreement
2(6) Leases
2(7) Conveyance
2(8) Relinquishment of Land
§ 3 Individually
Owned Land
§ 4 Evidence
of Ownership
4(1) Generally
4(2) First
Occupancy Claims
4(3) Clearing
and Planting
4(4) Possession
and Use
4(5) Family
Tradition and Reputation
4(6) Records
and Documents
4(7) Hearsay
§ 5 Adverse
Possession
5(1) General
Provisions
5(2) Elements
– Generally
5(3) Elements
– Actual Possession
5(4) Elements
– Open and Notorious Possession
5(5) Elements
– Exclusive Possession
5(6) Elements
– Hostile Possession
5(7) Elements
– Duration Requirement
5(8) Elements
– Continuous and Uninterrupted Possession
5(9) Tacking
§ 6 Quieting
Title
6(1) Generally
6(2) Burden
of Proof
§ 7 Alienation
of Land
7(1) Protective
Policy
7(2) Relation to Mortgages & Creditors
7(3) Oral
Conveyances
7(4) Void
Conveyances
7(5) Dedication of Land
7(6) Gifts
§ 8 Registration
of Land
8(1) General Provisions
8(2) Land & Titles Division
8(3) Statutory
Requirements - Announcements and Notice
8(4) Burden
of Proof
8(5) Survey
and Description Requirements
8(6) Objection
to Registration
8(7) Finality
of Judgments
§ 9 License
to
9(1) Generally
9(2) Creation
of License
9(3) Rights
Created by License
9(4) Mortgages
9(5) Termination
§ 10 Easements
§ 11 Covenants
§ 12 Encroachments
§ 13 Boundaries
13(1) Monuments and Markers
13(2) Boundary Disputes
13(3) Evidence
§ 14 Property
Torts
§ 15 Equitable
Claims
15(1) Equitable Title
15(2) Injunctions
15(3) Good Faith Possessor
§ 16 Rights
of Co-Owners
16(1) Possession and Use of Common Estate
16(2) Partition
§ 17 Landlord-Tenant
17(1) Generally
17(2) Terms and Conditions of Lease
17(3) Modification of Lease
17(4) Assignment of Lease
17(5) Responsibilities of Landlord
17(6) Responsibilities of Tenant
17(7) Rescission or Cancellation
17(8) Eviction
17(9) Authority to Lease
17(10) Tenants at Will
§ 18 Zoning
18(1) Zoning Variance
18(2) Zoning Board
§ 19 Riparian
Rights
GO TO RELIGION PAGE
§ 1 Church
Governance
§ 2 Congregational Church
§ 3 Constitutional Issues
§ 4 Dedication of Land
GO TO SAMOAN CUSTOMS PAGE
§ 1 Impact
on
§ 2 Criminal
Law
§ 3 Family
Law
3(1) Family Membership
3(2) Adoption
3(3) Burial Grounds
§ 4 Property
Rights
§ 5 Ceremonies
§ 6 Samoan
Language
§ 7 Village
Councils
§ 8 Matai
8(1) General Provisions
8(2) General Pule or
Authority
8(3) Pule over
Communal Land
8(4) Family’s Obligation of Service
8(5) Removal
§ 9 Elections
GO TO SECURED TRANSACTIONS
PAGE
§ 1 Common
Law
1(1) General Provisions
1(2) Common Law Pledge
§ 2 Priority
of Claims
§ 3 Election
of Remedies Rule
§ 4 Debtor
Default
4(1) General
Provisions
4(2) Acceleration
Clause
4(3) Debtor
Fraud
4(4) Debtor
Defenses
§ 5 Repossession
of Property
5(1) General Provisions
5(2) Creditor’s Retention of Repossessed
Collateral
§ 6 Creditor
§ 7 Garnishment
of Funds
§ 8 Guaranty
§ 9 Third
Party Debtor
§ 10 Letter
of Credit Transactions
§ 11 Mortgages
§ 12 Uniform
Customs and Practice for Documentary Credits
§ 13 Banking
and Loans
13(1) In General
13(2) Suits Against Bank
13(3) Student Loans
§ 14 National
Credit Union Administration Board
GO TO TAXATION
PAGE
§ 1 Incorporation
of Federal Tax Law
§ 2 Procedural Issues
2(1) General Provisions
2(2) Statutes of Limitations
2(3) Jurisdiction
§ 3 Specific
Taxes
3(1) Property Taxes
3(2) Excise Taxes
§ 4 Collection
§ 5 Refunds
§ 6 Power
of Levy, Distraint & Tax Liens
§ 7 Marital
Deduction
§ 8 Sovereign
Immunity
§ 9 Taxpayer
Offenses
9(1) Failure to File
9(2) Failure to Pay
9(3) Taxpayer
Omissions
§ 10 Deficiency
Proceedings
§ 11 Industrial Incentive Act
11(1) Tax Exemption Policy Generally
11(2) Authority of Governor, Board
11(3) Proof of Public Interest
11(4) Constitutionality
GO TO TORTS PAGE
§ 1 Negligence
1(1) Duty
1(2) Breach
1(3) Causation
1(4) Negligence
Per Se
1(5) Res Ipsa Loquitur
§ 2 Intentional
Torts
2(1) General Provisions
2(2) Defamation
2(3) Trespass
§ 3 Strict
Liability
§ 4 Nuisance
§ 5 Attractive
Nuisance
§ 6 Liability
for Animals
§ 7 Malpractice
7(1) General Provisions
7(2) Legal Profession
7(3) Architects
§ 8 Vicarious
Liability
8(1) Vehicle Owners
8(2) Family Purpose Doctrine
8(3) Compulsory Insurance Act
§ 9 Common
Carrier Liability
§ 10 Government
Tort Liability Act
10(1) General Provisions
10(2) Relation to Government Employee Suit
10(3) Statute of Limitations
10(4) Administrative
Claim Requirement
§ 11 Wrongful
Death
§ 12 Loss
of Filial Consortium
§ 13 Bailments
13(1) Rights, Duties & Liabilities Between Bailor and Bailee
13(2) Rights
and Duties Between Bailor or Bailee
& Third Person
13(3) Conversion of Subject Matter
§ 14 Comparative
Negligence
§ 15 Joint and
Several Liability
§ 16 Indemnity
§ 17 Subrogation
§ 18 Damages
18(1) General Provisions
18(2) Pain and Suffering
18(3) Medical Expenses
18(4) Lost Wages and Profits
18(5) Damages to Personal Property
18(6) Mitigation of Damages
18(7)
Punitive or Special Damages
18(8) Interest
§ 19 Statutes
of Limitations
19(1) General Provisions
19(2) Accrual of Cause of Action
19(3) Personal Injuries
19(4) Minors and Insane Persons
§ 20 Burden
of Proof
§ 21 Act of God
GO TO WILLS, TRUSTS AND ESTATES PAGE
§ 1 Execution
1(1) General Provisions
§ 2 Interpretation
§ 3 Procedural
Issues
§ 4 Modification
or Change
4(1) General Provisions
4(2) Ademption
4(3) Dependent Relative Revocation
§ 5 Inheritance
5(1) General Provisions
5(2) Intestate Succession
5(3) Adopted Children
5(4) Marital Inheritance
§ 6 Inter
Vivos Conveyance or Gift
§ 7 General
Legacies and Devises
7(1) General Provisions
7(2) Conditions and Restrictions on Legacies
and Devises
§ 8 Individually-Owned
Property
§ 9 Administration
9(1) General Provisions
9(2) Letters of Administration
§ 10 Taxation
§ 11 Fiduciaries
11(1) General Provisions
11(2) Fiduciaries for Minors
11(3) Related to Trusts
§ 12 Small
Estates
§ 13 Future
Interests & Rule Against Perpetuities
§ 14 Wrongful
Death
GO TO WORKER'S
COMPENSATION PAGE
§ 1 Purpose
and Origin
§ 2 Commission
Procedure
§ 3 Injury
3(1) Date of Injury
3(2) Type of Injury
§ 4 Compensation
Award
4(1) General Provisions
4(2) Wages
4(3) Exclusive Remedy
§ 5 Burden
of Proof
§ 6 Employer Liability
6(1) General Provisions
6(2) Employer Subrogation
6(3) Settlement Agreements
6(4) Release
§ 7 Medical
Care
§ 8 Judicial
Review
§ 9 Beneficiaries
§ 10 Costs
in a Worker’s Compensation Proceeding
Website Version is a Project of the American Samoa Bar Justice
Foundation in Collaboration with the High Court of American Samoa and American
Samoa Bar Association.
Digest entries edited by Sean Coletti
& Michael Weaver, Law Clerks (06-07).
Website version designed by Drew Stave, President of ASBA (06-07).