Doctrine Case Studies Samples For Students

Abstract

The God squad group, mainly made of boys in junior and senior years, uses the 9/11 attacks as a rallying point for combination of white supremacist, racist, anti-Semitic, ant-Islamic, anti-immigrant, ant-gay, nee-fascist dogma mixed with a good dose of anti-abortion and fundamentalist Christian diatribe. The group catches the attention of the administration when they show up at school all wearing their uniforms and distributes the first edition of their weekly "newsletter". The” newsletter” contains highly offensive diatribes on how it is the "the duty of all true Americans to fight against the forces trying to destroy our country". The ...

High trees case or Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 is an English contract law verdict, which restated the doctrine of promissory estoppel in contract law in both England and Wales1. Promissory estoppel was a notion which was identified in a couple of 19th century cases but then it lay inactive until this High Trees case in which Denning J, then a young judge, revitalized the doctrine and subsequently entrenched it a number of English cases.
The case symbolizes the establishment of the modern revitalization of promissory estoppel. The facts were straightforward enough. A landlord ...

Question 1.

The Supreme Court of New South Wales is the highest court of the state, with the unlimited civil jurisdiction. The Court has appellate and trial jurisdictions, in addition to the jurisdiction granted by specific statutes. The Court acts as a supervisor over other NSW courts and tribunals. (Supreme Court NSW)
Mental Health Review Tribunal is a non-judicial tribunal established under the Mental Health Act 2007 NSW. The Tribunal has a wide authority to conduct various inquiries in the field of mental health, issue orders, hear appeals regarding the treatment of people with a mental illness. The Tribunal has the ...

Miranda V. Arizona and Terry V. Ohio
The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

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 ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case?
The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

The contract entered by the 17-year-old son, who is a minor with Don is voidable. The contract can be invalidated on the ground that the contract of sale that was entered between him and Don can be annulled since the son is only a minor and he was not the designated representative of the company. Hence, once the contract is nullified, the effect is that it is as if there is no agreement at all. This is due to the fact that the minor cannot represent the company since there is no board resolution to empower him to enter the contract.

...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Business Law 201

Question one:

Question two:
Joint and several contract because several people (study team) has agreed to pay the fees to the tutor.
Question three:
Doctor Kut Wright can only recover up to a maximum of $800 for the benefit extended to Henry. Though the contract was unenforceable since it was not entered into, Wright is entitled to compensation for the costs incurred for missing his flight amounting to $400 and the reasonable amount of $400 for the one hour. It is clear that the requirements of recovery for quasi-contracts were met since the doctor was in reasonable ...

In the contemporary world, the concept of religion is more specialized and diverse among varied religious affiliation. Therefore, various forums for philosophical discussion have come up with dissimilar ideas centered on religion. The intent of this thesis is to respond to a series of questions concerning religion.

- What is the doctrine of divine simplicity?

The doctrine of divine simplicity God is simply outlined as a supreme being that lacks distinct metaphysical parts, constituents, or properties. Rather, God is given special attributes such as holiness, goodness, merciful, etc. Therefore, God is divine hence can only be attributed to his greatness, power, and wisdom.

- Can we make sense of the idea that perfect goodness is identical to perfect power?

God is actually a definition of the ...

MEMORANDUM

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 ...

The guidelines and chargeback fees clauses required by large retailers are negotiable. The chargeback fees currently being imposed on suppliers are exceedingly high and in most cases, they are not founded justly. Though contracts are legally binding, discontent backed by facts on unfairness from one of the parties makes the fees clauses negotiable (Jennings, 2008). The stakeholders involved in clothing supply can negotiate and seek common ground concerning the penalty clauses and the other guidelines.

Applicability of the doctrine of unconscionability

The doctrine of unconscionability is applied during the defense against the enforcement of a contract when the terms imposed on one party are excessively unfair. ...

The International Management Group (IMG) is an organisation that is responsible for the identification, recruitment, and management of talent throughout the world. IMG has its headquarters in New York City. The company was established more than fifty years and it has grown to include branches in more than twenty-five countries. The Creative Artists Agency is an American talent organisation founded in 1975. Like the International Management Group, this organisation is responsible for the identification, recruitment, and management of talented people. The purpose of this paper is to investigate contract law in regards to the Creative Artists Agency and The ...

American Golf Corp. v. Superior Court
79 Cal.App. 4th 30; 93 Cal.Rptr.2d. 683 (March 2000)
Facts: Plaintiff Albert Becker was playing golf with his friend Stan Christopherson at the Lakewood Country Club, a golf course owned and operated by the defendant, American Golf Corporation. As the two, began play from the 13th tee; Christopherson’s golf ball landed in the rough. As Becker waited in the golf cart, Christopherson attempted to hit the ball back onto the main fairway. His shot, however, hit a wooden yardage marker and bounced toward Becker, hitting him in the eye. Becker than sued ...

Statement of Facts

Jerry Newhouse, the plaintiff in this matter, was in defendant’s Lion’s Paint Store shopping for paint. Around 10:30 am, while Jerry was in the third aisle of the store, he slipped & fell on paint that had spilled from an open container. The manager of the Lion’s Paint Store claims that the store was unaware of the spilled paint on the floor. Store policy requires employees to check the aisles at the beginning of each hour. According to Lion’s Paint Store records, an employee inspected the floor at 10:00 am. The last inspection therefore occurred approximately ...

Summary of The Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) was approved by Congress in May 2008 (Feldman, 2012). This act aims to protect individuals from being discriminated against by employers and insurance companies based on genetic information. According to GINA, genetic information “includes family medical history” (Feldman, 2012 pp. 744). Unlike other antidiscrimination legislation which only addressed past discrimination, GINA prevents future genetic discrimination from occurring (Feldman, 2012). The legislation was enacted to encourage citizens to participate in research on genetics; however, the widespread fear of potential genetic information disclosure and discrimination discouraged many people from participating.
The act focuses on two ...

There are several legal issues arising from the third scenario. First is whether the employer, the Lazy River, Inc. is liable for Lucy’s failure to adhere to reasonable commands directed to her by her boss Mike. The second issue is whether the sixteen (16) year old worker was an independent contractor, if so, whether it is the employer or the hiring party that is liable for injuries to the independent contractor. The third issue is that of negligence. That is, whether the company was negligent for failure to foresee that the toxic chemicals present in water could cause ...

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 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 claims that ...

Application of the Natural Law Theory in the Management of a Case in Relation with the Ethical and Religious Directives for Catholic Health Care

Introduction

Natural laws are principles with reasons used to examine the human nature and are set by the natural world. These natural laws in most cases use justification to examine the nature of humans and try to explain morality and ethics basing on the religious perspective. Additionally, natural laws often are joined with common laws and norms of the societies but in most cases these natural laws contend that specific rights and values are acquired genetically from parents. In addition, these natural laws are related to ethical and religious directives for catholic health care which actually stipulate the bioethics ...

886 F.2d 14
28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee
No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

The case is about Gerald who had a health insurance cover that had an 80/20 copayment arrangement. When Gerald received a surgery bill of $950, he wanted to ascertain that the insurance company actually paid $760 or 80% of the total bill. A copayment plan requires patients to pay a portion of their medical bill in accordance with a pre-agreed ratio (Chang, 2014). Upon investigation, Gerald discovered that the insurance company had negotiated for a discount and their part of the bill was only $374. However, Gerald Copayment of 20% was still based on the original fee and not ...

Liver is the largest ‘gland’ of the digestive system. It is located right under the dome of the diaphragm, coated by the capsule. It is distinguished the liver’s convex upper surface adjacent to the diaphragm, and a lower, downwardly facing and in contact with the back and abdominal organs. On the part of the upper surface of the liver it can be seen its right and left lobes, the boundary of which is the crescent liver ligament. To the lower surface of the right lobe there is a gallbladder, close to the deep groove of the liver there ...

The elements of a valid non-compete agreements are: a.) should be supported by a valid consideration at the time of the signing of the agreement; b.) it should be able to protect a legitimate business interest of the employer; and c.) the scope, geography, and time must be reasonable
A non-compete agreement should be supported by valid consideration, wherein the employee is expected to receive a value thing in exchange for the undertaking that such employee will refrain from any competition. When an employee has signed a non-competition agreement before the start of his employment, the employment itself is ...

Introduction

The traditional system of the United States federal government consists of the Congress, the Executive, and the Courts. Congress passes the laws, the Executive enforces the laws, and the Courts interpret the laws. But this is a dramatic over-simplication of the way in which the government carries out its functions and duties. Congress and the President will often delegate their authority to agencies that are tasked with performing specific government functions and objectives. Because the number of government agencies is so voluminous and vast, a large body of agency law has emerged.
Agencies have authority to act pursuant to ...

Company Law

Question One
First, the issue in play is fueled by two elemental components. That is, the Beanstalk Ltd Company has a constitution that limits the sale of the agricultural products by the company in Queensland. In addition, the board of directors of the company implemented the policy that the board should approve all the transactions of the company over $100,000. Nevertheless, Jack, who is the managing director of the company, attended a trade fair in Victoria that saw him sign a purchase agreement worth $150,000 with Giant Ltd. This aspect has led to the disagreement of the viability of ...

Introduction

Disputes in the construction industry or in the process of honoring roles in a construction contract are not uncommon in many countries, a good of example which would be the United Arab Emirates (UAE) wherein the construction industry has been in a stage of boom for the past several years . Some of the world’s Mega structures and other fascinating architectural works are located in this Middle Eastern country. It is one of the largest exporters of oil and petroleum products and this country’s largest city, Dubai, is home to a range of spectacular and grand architectural works. It is home to ...

(Professor/Instructor)
In 2001, American military forces in Afghanistan arrested American Yaser Hamdi. US military officials charged Hamdi with collaborating with the Taliban and subsequently termed as an “enemy combatant,” and detained to a military detention facility in Virginia. Virginia-based lawyer Frank Dunham filed a motion for habeas corpus for Hamdi in Federal court, initially for his own and then on behalf of Hamdi’s father.
In Dunham’s motion to declare Hamdi’s detention unconstitutional, Dunham argued that Hamdi’s “right to due process” as enshrined in the Fifth Amendment by detaining him sine die and not allowing Hamdi ...

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 confessions ...

The Case is being contended under four criterions; the first criteria being, whether there could be a triable issue of existence as to whether the employee was under employment during the occurrence of the accident that caused the injuries. In this respect, when a judgmental summary is appropriately adhered to, the court has an obligation to establish as to whether there is an issue to be tried. If it is determined that no triable issue of fact is in existence, it is the duty of the court to opt for contending the case using the law.

The second criterion is as ...