View 2017 Case Digests - Civil Law.pdf from LAW MISC at Mindanao State University. CIVIL LAW CIVIL LAW I. PERSONS AND FAMILY RELATIONS A. MARRIAGE 1. ESSENTIAL AND FORMAL REQUISITES JERRYSUS L. TILAR
- Methodological Provisions
- Article I. Declaration of Rights
- Article II. The Legislature
- Article III. Legislation
- Article IV. The Executive
- Article v. The Judiciary
- Article VI. Public Officers
- Article VIII. Taxation and Finance
- Article IX. Local Government
- Article X. Private Corporations
Pennsylvania State Police v. Grove, 161 A.3d 877 (Pa. 2017),per Dougherty, J., the Court held that motor vehicle recordings created by state trooper vehicles when lights or sirens are activated do not generally constitute, per se, “criminal investigative records” and, as such, are not protected from public disclosure under the Right-to-Know Law. Th...
Section 1: Inherent Rights of Mankind
Dep’t of Human Servs. v. Pennsylvanians for Union Reform, Inc.,154 A.3d 431 (Pa. Commw. Ct. 2017): per Brobson, J., the court held that the home addresses of DHS direct-care workers are not exempt from disclosure pursuant to an exemption for records relating to agency decisions concerning benefits, including the identify of a caregiver or others who provide services to the applicant. Reese v. Pennsylvanians for Union Reform, 173 A.3d 1143, per Donohue, J., the Court held that regulation origi...
Section 5: Elections
Working Families Party v. Commonwealth, 169 A.3d 1247 (Pa. Commw. Ct. 2017), per Leavitt, P.J., the court upheld anti-fusion provisions, which forbid minor party candidates from nominating major party candidates do not create a classification that is subject to strict scrutiny challenge in an equal protection challenge. The court also held that the state’s interests justified the burden imposed by anti-fusion provisions, and therefore do not violate the rights of freedom of expression or asso...
Section 8: Security from Searches and Seizures
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 157 A.3d 10 (Pa. Commw. Ct. 2017): per Simpson, J., the court held that the rule of Birchfield v. North Dakota(U.S. 2016), that an individual may not be criminally prosecuted for refusing a request for a warrantless blood test following a DUI arrest, does not apply to a civil license suspension. Commonwealth v. Santiago, 160 A.3d 814 (Pa. Super. 2017), per Bender, P.J.E., the court held that under Article 1 § 8...
Section 1: Legislative Power
Protz v. Workers’ Comp. Appeal Bd., 161 A.3d 827 (Pa. 2017), per Wecht, J., the Court held that a provision of Workers’ Compensation Act requiring physicians to determine a claimant’s degree of impairment by applying methodology set forth in most recent version of the guide issued by American Medical Association was an unconstitutional delegation of legislative authority under Art. II Sec. 1 of the Pa. Constitution. The Court stated that the Pa. Constitution prevents the General Assembly from...
Section 14. Public School System
William Penn Sch. Dist. v. Pennsylvania Dep’t of Educ., 170 A.3d 414 (Pa. 2017), per Wecht, J., the Court held that claims the Commonwealth’s system of funding public education violate Article III Sec. 14 and Article III Sec. 32 are judiciable. Citing recent decisions in Kuren v. Luzerne Cty., 146 A.3d 715 (Pa. 2016) and Pennsylvania Envtl. Def. Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017), the Court remanded the case to Commonwealth for further action with only a broadly-stated mandate to...
Section 5: Approval of Bills; Vetoes
Scarnati v. Wolf, 173 A.3d 1110 (Pa. 2017), per Wecht. J., the Court held that former Governor Corbett’s attempted partial vetoes of proposed legislation, the General Appropriations Act of 2014 and the 2014 Fiscal Code Amendments, did not adhere to Article IV Section 15 of the Pennsylvania Constitution. The Court held that a public press release did not suffice as a veto proclamation, as it lacked any hallmarks of formality that would render it a constitutionally significant pronouncement.
Section 9: Right of Appeal
Pittman v. Pennsylvania Bd. of Prob. & Parole, 159 A.3d. 466 (Pa. 2017), per Baer, J., the Court held that a convicted parolee violator is entitled to an appeal of a ruling of the Pennsylvania Board of Probation and Parole under Article V, Section 9 of the Pa. Constitution. The board must also articulate the basis for its decision to grant or deny credit for time served at liberty on parole.
Section 10: Judicial Administration
Thomas v. Grimm, 155 A.3d 128 (Pa. Commw. Ct. 2017): per Cohn Jubelirer, J., the court held that despite the Supreme Court’s reference to the Whistleblower Law does not bring the judicial branch under the purview of the Whistleblower Law itself. The court held that the legislature did not intend to apply the Whistleblower Law to employment decisions made by the judicial branch because doing so would be a violation of the separation of powers doctrine under the Pennsylvania Constitution. Bauer...
Section 18: Suspension, Removal, Discipline and Other Sanctions.
In re Angeles Roca First Judicial Dist. Philadelphia Cty.,173 A.3d 1176 (Pa. 2017), per Saylor, C.J., the Court held that the Court of Judicial Discipline’s sanction of removal from office of Judge Angeles Roca from the Philadelphia Court of Common Pleas was not unwarranted by the record, and thus was lawful. The Court also held that because the sanction was lawful, it lacked authority to overturn the sanction. The Court additionally held that the Court of Judicial Discipline was not required...
Section 7: Removal of Officers
Purcell v. Reading Sch. Dist., 167 A.3d. 216 (Pa. Commw. Ct. 2017), per McCullough, J., the court held a school superintendent’s firing was a violation of “administrative due process” when members of the school board investigated alleged illegal acts by the superintendent, called on their own members to testify during the hearing, and then had those that testified and heard testimony vote to terminate.
Section 1: Uniformity of Taxation
RB Alden Corp. v. Commonwealth, 169 A.3d. 727 (Pa. Commw. Ct. 2017), per McCullough J., the court held that the net loss carryover deduction limitation creates separate classes of taxpayers and corporations with unequal tax burdens, based solely on income, in violation of the Tax Uniformity Clause.
Section 15: Project “70”
In re Borough of Downingtown, 161 A.3d 844 (Pa. 2017), per Todd, J., the Court held that that the Donated or Dedicated Property Act covers property that is purchased with funds supplied by Act 70 [text of Act 70 set forth in Art. 8, Sec. 15 of the Pa. Constitution]. The court also held that the borough of Downingtown, which acquired several parcels of land under this Act, was required to obtain court approval before selling these parcels and required to obtain court approval before granting e...
Section 8: Consolidation, Merger, or Boundary Change
Adams Township v. Richland Township, 154 A.3d 250 (Pa. 2017): per Wecht, J., the Court held that a reviewing court may not disturb a determination by a board of commissioners as to the location of a municipal boundary unless the board committed an error of law or its conclusion was not supported by competent evidence. The Court also held that the doctrine of acquiescence may be applied to resolve a municipal boundary dispute when the location of the municipal boundary is uncertain and that th...
Section 4: Compensation for Property Taken by Corporations Under Right of Eminent Domain
In re Trustees of Conneaut Lake Park, Inc., 855 F.3d 519, 521 (3d Cir. 2017), per Hardiman, J., the Third Circuit Court of Appeals upheld the constitutionality of a Pennsylvania law that prohibits insurance companies from paying fire insurance proceeds to a named insured unless the local municipality certifies that no delinquent taxes are owed on the property where the insured structure was located. The appellants argued that this law violated the Takings Clause of both the U.S. and Pa. const...
View CIVIL_LAW_REVIEW.docx from LAW 123 at University of Santo Tomas. CIVIL LAW REVIEW 2017-2018 Case Digests The Faculty of the Civil Law Department College of Law Arellano University School of
NLG, LLC v. 9197-5904 Quebec, Inc. (memorandum) Date: December 29, 2017 Docket Number: 2400 EDA 2016
Pennsylvania, No. 1:15-CV-2401, 2018 WL 950207 (M.D. Pa. Feb. 20, 2018), per Jones, D.J., the court held that the oral colloquy for a pro se defendant violates the Sixth Amendment, and Article I Section 9 of the Pa. Constitution when does not include discussion of whether the defendant comprehended the nature of the charges, the statutory offenses, the range of allowable punishments, possible defenses to the charges, or any mitigating circumstances.
Jun 01, 2018 · 8/9/2019 Case Digests in Civil Law. 1/21. 8/9/2019 Case Digests in Civil Law. 2/21. http://sc.judiciary.gov.ph/jurisprudence/2002/may2002/130277.htm#_edn1
incoming civil caseloads from 2017 to 2018, with 25 states and territories reporting an increase of 4 percent or more (not shown). Despite the increases of the last two years, civil caseloads maintain an overall decrease of 16 percent from 2009 to 2018. Total Incoming Civil Cases in State Trial Courts CIVIL