A. People v. Watson
B. 30 Cal. 3d 290, 637 P.2d 279, 179 Cal. Rptr. 43 (1981).
C. Decision &Year Decided
In the year 1981, the California Supreme Court rendered a verdict convicting the defendant of secondary murder on the conduct of causing a fatal accident as a result of reckless driving. The court found rationality in concluding that the defendant’s behavior was deliberate and unprovoked, and he consciously disregarded human life. However, it can be argued that the court failed to define exactly when the conduct of an intoxicated driver can be regarded as an implied malevolence. ...
Defendant Case Studies Samples For Students
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A. People v. Watson
Cleveland v. Harrison Manufacturing
As the lawyer for the defendant, the impact of the Cleveland decision will relieve the defendant from any liability to Ms. Plaintiff. The issue in this case is whether or not defendant is liable to Ms. Plaintiff for selling a product that is unfit for use as a mouth guard designed for boxing. Basic is the rule that the plaintiff who suffered negligence by using a product must be able to prove that he suffered damage from the failure of the defendant to fulfill an expected standard of care in the creation of a product.
Ms. Plaintiff can file ...
On the evening of May 18 1985, the defendant and his friend Peter Maskorich were drinking. They left the bar at around midnight. In the early morning hours, the defendant and Maskorich wound up racing the defendant’s boat in Sacramento River. There were no floatation devices in the boat. At 3am, Gary Bingham heard noise and he went outside and saw a boat with two people inside at the bend in the river. Rodney and Susan Logan who were fishing also saw an aluminium boat with two men in it. The boat had no running lights and it ...
The Defendant had been estranged from the complainant, who was his wife. The wife, Marjory Damms was also separated from her mother. The defendant wanted to reconcile his wife and her mother, hoping that it would lead to reconciliation between himself and Marjory. On the morning of 6th April, 1959 the defendant drove to where Marjory stayed, and waited at a bus stop he knew she frequented. When she arrived he lied to her that her mother was unwell, and convinced her to get into his car. When they arrived at the mother’s home, Marjory realized that the ...
Lewis v. United States
Facts: An undercover officer in the department of narcotics called Lewis to find out whether he would sell him marijuana. The officer disguised his identity; he identified himself as Jimmy the Pollack. Lewis agreed to the officer’s request and directed him to his residence where the transaction would take place. The officer went to the petitioner’s abode and made his purchase; these transactions happened severally. Lewis was on one occasion arrested and charged with infringing federal drug laws. The District Court convicted Lewis following a denial to pre-trial motion seeking to suppress. The First Circuit affirmed this ...
People v. Poplar 20 Mich. App. 132, 173 N.W.2d 732 (1970) was an appeal filed in the Michigan Appellate Court by Marathon Poplar seeking to set aside a conviction of lower court that had found him guilty of aiding and abetting the crime of breaking and entering and of assault with intent to commit murder. The facts of the case which gave rise to the appeal are as follows.
On December 3, 1964 in the early morning hours, two men, Clifford Lorrick and Alfred Williams broke into the Oak recreation park building. However, before they could steal anything from ...
In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting ...
Section I. Circle the letter of the most appropriate answer.
1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States:
a. The First Amendment.
b. The Fifth Amendment.
c. The Fourth Amendment.
d. None of the above.
2. “Substantive due process” refers to those procedures:
a. that are expressly enumerated within the four corners of the United States Constitution.
b. that are not expressly enumerated by the Constitution but held to be essential to ...
In most jurisdictions, when an individual is accused of a criminal offense, he or she must appear in court of law to answer the charges (Farrell, 2008). In this circumstance, the accused individual is known as the defendant. Therefore, as a defendant, one is supposed to establish a criminal defense with the assistance of a criminal attorney in order to avoid a guilty verdict (LexisNexis, 2012). The prosecutor is the other party which tries to prove that the criminal act performed by the defendant is factual. A criminal defense can be described as a strategic argument which attempts to ...
Knarles and Barkley Case Study
Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.
Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?
Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...
I will rely on 22-2403 regarding second-degree murder
I will also rely on the evidence presented by an expert in Battered woman syndrome, Mrs. Dominique Stephens and a doctor, Sidney, who works at the emergency services. Mrs. Dominique’s evidence will show that she has been suffering from battered woman syndrome. The expert witness in battered woman syndrome will corroborate Dominique’s evidence and proof that she was suffering from the syndrome at the time when she shot her husband. The expert studied the defendant for one month and affirmed that she is suffering from battered woman syndrome. His ...
The appeals court should rule in favor of the defendant, Jewett. This ruling is arrived at by the use of the primary assumption of risk doctrine. The particulars of the case point at an implied assumption of risk by the plaintiff. By getting into a session of an active sport, the plaintiff could not claim any duty of care owed to her by the defendant during the active sport event.
Knight bases her claim on the legal doctrine of negligence. She claims that the defendant owed her a reasonable duty of care during the game of touch football. She ...
Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)
Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for ...
Miranda v Arizona
The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that linked him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements or ...
Lowell Bray, The Plaintiff, filed an appeal in the Douglas County District Court asking for damages for injuries protracted when he skidded on ice on defendant's grounds. In its adjusted answer, the defendant, Kate Inc on behalf of Stockade Restaurant & Lounge, denied the petition's allegations and alleged that plaintiff was contributory negligent in failing to keep a proper lookout and in walking in such a manner that he lost his balance. It additionally claimed that plaintiff willingly presumed the risk of whatever hazardous condition existed.
Evidence presented by the plaintiff at trial illustrated that the Millard area in Douglas ...
Miranda v Arizona
The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any ...
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
190 F. Supp. 116 (1960) U.S. Dist.
Frigaliment Importing Co. (Plaintiff)
B.N.S. International Sales Corp. (Defendant)
The Defendant, B.N.S. International Sales Corp. entered into two agreements to sell chicken to Frigaliment Importing Co., the Plaintiff. When the first shipment reached Switzerland, the Plaintiff realized that the shipment did not contain young chickens for broiling and frying, but contained heavier birds for stewing. The Defendant Company was of the view that any chicken would be able to meet the specifications of the contract as regards the quantity and weight. Conversely, the Plaintiff Company believed that the ...
LEGAL BRIEF OF CASE Kowalchuk v. Stroup Case 8-8
Supreme Court of New York
Summary of key facts: Plaintiffs are mother and son named, Evelyn Kowalchuk, who 88 years of age and a widow, together with her son, Peter Kowalchuk. The plaintiffs invested in brokerage accounts that were allegedly mismanaged by Matthew Stroup, the defendant in this case. The parties filed an arbitration proceeding case before NASD (National Association of Securities Dealers) in December 2005 for damages amounting $832,000 to against defendant for fraudulent handing of their accounts. Prior to the judgment of NASD, the parties entered a settlement agreement wherein Stroup offered to pay $285,000 ...
Where a defendant has no defense to a claim, the plaintiff is entitled to seek summary judgment. This is provided under Order 14 of the RHC. It is a summary procedure and the court issues an order that is enforceable like an order obtained after a full trial.
The major requirement under Order 14 it is that the defendant has no defense to the plaintiff’s claim. Helen’s claim satisfies this initial requirement. Because she supplied IPhone covers pursuant to an order. Shifty has not complained of any defects or returned any owing to them being un-merchantable. Shifty ...
Landmark Antitrust Case Study Assignment
Monopoly 221 U.S. 1, Standard Oil of New Jersey v. U.S. (1911)
1. Write a 100- word abstract of the case, including the date of the case.
The Standard Oil of New Jersey v. U.S. was a case that took place in 1911 and gave the Supreme Court gave its verdict on May 15, 1911. In this case, the Supreme Court of the United States found Standard Oil of New Jersey as being guilty of engaging in monopolistic and anticompetitive actions. These actions of the Standard Oil were as an attempt to monopolize the petroleum ...
- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to ...
The landlord’s strongest position arises out of the Lease Agreement dated November 1, 2005, together with the Smoke Detector Agreement dated the same day (attached as Exhibits A & B, respectively), taken together with the tenant’s undisputed actions from the facts given.
1. Affidavits from both the electrician (later identified as Lech Triscian) and the landlord (attached as Exhibits C & D, respectively) which outlines what was observed when they entered the premises, specifically;
A. The occupants appeared to include the person who was in the premises when the landlord and the electrician entered, which would violate Paragraph 1 ...
333 U.S. 364, U.S. v. United States Gypsum Co. (1948)
The case is between United States v United States Gypsum Co 333 U.S.364 (1948). United States was the plaintiff while the United States Gypsum Company was the defendant. The case was argued on 14th and 15th November 1947. However, it was decided on 8th March 1948. The facts of the case were that the defendants had violated the Sharman Act. They acted in a manner which was likely to eliminate competition in the industry. The first defendant, who was dominant in the Gypsum industry, granted patents to another defendant ...
Question one – Case study
This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011.
The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010.
The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To.
The counsel for the ...
Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the ...
RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it as ...
On august 31, 1969 in the United States District Court M.D. North Carolina, Greensboro Division the United States of America as plaintiff, seeks to restrain and prevent the alleged violation of section 1 of the Sherman Act. The complainant, United States of America accused defendants of exchanging among themselves information involving price that have been charged, quoted, or contracted to charge to particular customers. The defendants were allegedly doing this with the aim of restricting price competition among themselves in the corrugated containers business in the Southeastern United States. However, the complaints of price fixing and violation of Sherman ...
Laws vary from country to country. Even the process of creating, screening, and ultimately approving laws greatly vary from one state to another. And this is because of this reason why laws do not have a general or universally accepted definition. In the United States, there is an organization called, the Federal Register. It acts as the federal state-governed journal that publishes a wide variety of media and publicity services, one of which is the presentation of the proposition of a new rule, or a set of changes that would be applied to an existing one . Internet users who ...
Business Commerce Law
Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. ...
U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) case. ...
Business Law Case Study - Case No. 110,936
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.
Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with compensation ...
Monsanto Co. (MC) v. Coramandal Indag Products Ltd. (CIP)
MC had alleged violation of patent by CIP. The patent in question related to the CIP inventions titled Phytotoxic Compositions and Grass Selective Herbicide Compositions contained the active ingredient named Butachlor which was duly patented by the plaintiff appellant.
The case was before the judicial system of India. It had first been heard in the trail Court and a ruling reached in favor of the defendants as the lower court held that the said patents were not existent and that the defendant respondent had not violated any patent thereof. The ...
The death penalty is a situation where an individual arraigned in a court of law for a certain crime is sentenced to death. Due to the seriousness of this sentence, it is apparent that the evidence provided in court for such cases must be beyond reasonable doubt. It is for this reason that almost all the cases which end with a death sentence are referred to the Supreme Court for appeals. This essay looks at the case of Atkins v Virginia (2002). It will give the details of the case and the sentence thereon. The essay seeks to assert ...
Is there a valid contract between the parties or May Jones legally have the contract declared as not valid?
For a contract to be valid, it should contain parties competent of contracting, approval of the parties, a legitimate objective, and consideration (Swartz 23).Jones went into a contract with defendants knowing of the special clauses within the contract. There was consent, there was competency, and there was a legitimate objective and consideration. Therefore, the contract was valid. However, a contract relating to a minor (a person under 18) might be implemented or annulled by the minor, except for the ...
Brief of Mapp v. Ohio (1961)
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals in Ohio, ...
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT , September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his wife. With ...
The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence
in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in court. There ...
United States v. United Shoe Machinery Company is a suit which was brought before the Supreme Court by the United States (US) against the defendants- United Shoe Machinery Company (of New Jersey), United Shoe Machinery Corporation, United Shoe Machinery Company (of Maine) along side their officers and directors. It was brought under the provisions of Antitrust Act 1914, c. 323, 38 Stat. 731, 736 aimed at preventing them from making leases and decisions deemed to be in a violation of this law. After its argument on March 16th, 19th, 20th and 21st, 1817, it was decided upon on 20th, ...
U.S. v. Gypsum Co. (1950)
This was a case, which was argued on October 19, 1950 and decided on November 27, 1950. The proceeding was actually filed in the year 1940 in District Court of United States for Colombia District by United States under the Attorney general’s authority. The complaint that was charged was a long –continued conspiracy or plot by the defendants in the restraint of trade in the gypsum products amongst numerous states and in Columbia District, and a like monopoly, all in desecration of Sherman Antitrust Act.
The defendants, appellees or respondents in this case, ...
According to the rule of law under contracts, where services are rendered by one person for another and are knowingly and voluntarily accepted, the law presumes that such services are given and received in expectation of being paid for and that they will imply a promise to pay what they are reasonably worth. Similar to this is the Nursing Care Services, Inc. v. Dobos where the defendant asserted that she was not obligated to pay the plaintiff for medical assistance services rendered because she had never asserted to the services. However, contracts implied in law are imposed on the ...
Free Case Study On Mayfair LTD., Which Makes Decorative Picture Frames, Makes An Agreement With Speedymove
Mayfair Ltd. would be obligated to pay Speedymove the increased price of £8,000 because the modification made to the contract was valid.
A binding contract is created through the process of mutual assent (offer and acceptance) and consideration, definiteness, and when no valid defenses or excuses to contract exist. In this case, both parties appear to agree that a valid contract was formed and existed to deliver 150 frames for an exhibition at the price of 6,000, 25 frames at a time over a period of six weeks, although the fact pattern does not specify whether the ...
United States v Williams, 553 U.S. 285 (2008)
A Secret Service agent engaged the defendant in an internet chat room after the latter posted a teasing message that hinted involvement of child pornography. The defendant also attached an uplink that showed children in sexually explicit poses. His house was searched revealing hard drives with images of children in sexually explicit conduct. He was charged with pandering under §2252(A)(a)(3)(B) and child pornography under §2252(A)(a)(5)(B) and convicted by the federal court, but the Court of Appeals reversed the conviction of the first crime ...
Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the ...
Federal Trade Commission V. Morton Salt Co. 334 U.S. 37 (1948)
Question One: Abstract
The Federal Trade Commission v. Morton Salt Cocase is a US antitrust landmark case. The respondent, a salt manufacturer, sold one of its brands on a standard discount system under which only few large-scale firms qualified. The Commission then issued a cease and desist order against the respondents herein having found them liable in price discrimination contrary to section 2 of the Clayton Act as amended by the Robinson-Patman Act. The respondent petitioned to the Circuit court of Appeal which quashed the Commission’s decision. Thereafter, the Commission ...
As a fundamental of contemporary society, law is crucial in enabling society coexist and interact in an orderly manner. The case in study suggests a typical case scenario where an official happens to be related to a potential case defendant, abate on current bitter terms. This may be a reason for the official’s procedure to prosecute the brother-in-law, bringing about the issue of discretion. It is present when an agency has two or more alternatives, to a given case, with regard to case proceedings and prosecution. In this case under study, it may hold true or not that ...
The deceased, Carol Hoffman was murdered by her husband on the or about the evening of 10th or the early morning of 11th August 1981. They had earlier on spent the day together with their children and everything seemed fine. However, when they went to bed at night, David wanted to make love to his wife and when she refused, he choked her to death. After his wife’s death, David went to the basement of the house to call his mother (appellant) and asked her to go and sit in the living room. Sitting in the living room ...
This was a case that was argued on 5th December in the year 1989 and decided on 14th June in the year 1990.The origin of the case dates as back as between the years 1972 and 1981 whereby Texaco (petitioner) sold gasoline to independent retail companies at its RTW prices but gave additional discounts to Dompier and Gull which saw the two companies gaining a competitive edge other retailers. The retailers suffered a very severe decline and consequently filed a suit against Texaco in 1976 for violating the provisions of the Robinson-Patman’s Amendments on to the Clayton Act ...
The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity.
The exclusionary rule or the exclusionary ...
The elements of negligence include the duty of care which involves taking reasonable precaution to reduce harm. Breach of duty indicates that lack of reasonable precaution leads to the breach of the initial duty of care (Miller & Jentz, 2010). Factual causation involves proving that there has been negligence while the last element is the damages payable to the plaintiff.
Causation indicates the coexistence of causes and effects of the activity which are required to be proved in a court of law. It is necessary to prove causation as it indicates the relation between of the activity being claimed and ...
- Define the terms material support or resources, training, military-type training, expert advice or assistance, critical infrastructure, and terrorist organization in relation to 18 United States Codes 2339, 2339B and 2339D
Anti-terrorist legislation under Title 18 U.S. Code in reference to “Mens Rea” pertains to a person with the intention or state of mind along with accompanying conduct by law describing the offense of supplying materials to terrorists. Under Title 18 aligned with Code(s) 2239 and 2339B “Mens Rea” specifically pertains to the act of a person charged as intentionally providing support to a terrorist group ...
Kay V. Cessna Aircraft Company, 548 F.2d 1370(1977)
Julius Kay, the Plaintiff’s deceased husband, had been killed after his Cessna airplane crashed as he took-off. One of the engines had failed resulting to the crush.
The Plaintiff sued the manufacturer of the plane, the defendants, under the strict products liability doctrine. The defendant argued that the instructions were adequate and had the deceased followed them, the accident would not have occurred.
The jury found the defendant liable for the accident upon which they made a motion for judgment notwithstanding verdict. The trial court granted the motion. The ...
Basin Park Hotel, Inc, Defendant-Appellee.
Patricia Smith and her husband checked into the Basin Park Hotel in Eureka Spring, Arkansas to attend a wedding.
On the third day of their stay, Smith went down to the hotel lobby using the stairs.
At the last flight of the steps, she slid and fell and sustained injuries as a result;
She sued the hotel for negligence for its failure to keep the staircase in a safe condition.
Smith indicated in her deposition that she did not misstep, but surmised that the accident could have been caused by any of the general condition of the ...
U.S. v. Waldon
The decision in this case is an affirmation of the United States Court of Appeals of the decision rendered by an inferior court concerning the death sentence of the appellant. The defendant sought the reversal of the death penalty passed on him by relying on some irregularities committed by the grand jury. The appellant claimed the trial judge acted contrary to the language used in the Federal Death Penalty Act (FDPA).
Facts of the Case
Waldon was the deputy sheriff at Jacksonville’s Sheriff Office (JSO). Between 1994 and1997 he served on the SWAT team. In April 1197, Waldon was ...
Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- ...
Apple Anti-trust Case
Facts to the case
The publishers of the books were able to control the prices of e-books but with Amazon Company selling the books at a cheaper price, the publishers could not control or raise the prices at will. Amazon was using a discounted model strategy to sell the publishers' books, but the publishers could not keep up competition. This is because they considered the price to be very low and could not compete individually with Amazon.
The publishers, therefore, ganged up and collaborated in order to alienate and force the Amazon to sell the books at the publishers ...
Katz v. United States (1967)
In 1967, the security agents, FBI arrested Katz and charged him for conducting illicit gambling activities from California to Boston and Miami. The FBI placed a listening and recording gadget on the telephone booth and listened to Katz illegal conversation. In the Southern District Court found Katz guilty and sentenced him. The defendant appealed against the case, but the court of Appeal affirmed the charges. Katz appealed for his case to be ruled by the Supreme Court.
The issue, which Katz seeks a review of the ruling is the government has no right to ...
COURT OF APPEAL OF CALIFORNIA, FOURTH DISTRICT, DIVISION THREE.
COLT V. FREEDOM COMMUNICATIONS
109 CAL.APP.4TH 1551 (CAL. APP. 2003)
Facts: According to the case, the mentioned facts were the ones roaming around the illegal deal that has taken place on the internet using the website named as Fast-Trades.com. Colt has used free subscription by using this website in 1999 and the period was 2 months long to manipulate the price of 4 stocks. Also, the Colt has raised up the stock prices up to 700% that was short term prices. Further, stats show that Colt has gained a profitable amount of up to $345000 for himself only. Therefore, ...
19th May, 214
Ans1. The West Virginia’s Supreme Court of Appeals ruled that the plaintiff had stated a claim for the negligent infliction of emotional distress. AIDS is a serious disease and is like a slow death to the person and is emotional trauma even for the family. Court’s findings are appreciable as the physician who has committed this gross act of negligence should have been penalized and plaintiff who suffered emotional distress can ask for compensation in the form of cash or kind. In the worst case, physician’s license can be cancelled, prohibiting him to ...
The Flitland Crown Court convicted Dr. Arthur Jones for the crime of murder for withdrawal of life-support treatment to premature-born Baby X. Prior to his conviction, Dr. Jones did not dispute the antecedent facts that led to the death of Baby X. He reasoned out that the offense was committed to give way for the more viable Baby Y. There was only one available life-support system, and the question was, to whom he should administer the life-support treatment, to less viable Baby X or to more viable Baby Y?
Dr. Jones’ treatment to ...
The defendants, Barry and Roy Krall, met the victim, George Stafford, during the winter in a bar. In the course of their meeting, the defendants realized that Stafford was intoxicated and had lots of money. Unluckily, Stafford asked the defendants who had already put a plan of robbing him, to give him a ride. They boarded Kibbe’s car and drove off towards Canandaigua. While Krall was driving, Kibbe was busy roughing Stafford up. Kibbe slapped Stafford severally with the aim of getting all the money he had. In order to make sure he had no additional money with ...