International arbitration allows international business persons from different legal backgrounds to amicably solve their grievances. Parties to a contractual agreement or in an international relationship seek an impartial party who carries out the adjudicatory process. The resolution by the arbitrators is usually binding and carries a provision of arbitration in future contractual disputes. International Arbitration has over the last half century gained popularity because of the expeditious nature of the method. Businesses and international traders prefer international arbitration to the domestic legal process. A dispute would usually be handled under the judicial system under which the dispute occurred. Resolving ...
Supreme Court Case Studies Samples For Students
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Chicago Bridge & Iron Co. V. Federal Commission
[United States Court of Appeals, Fifth Circuit, 515 F3d 447 (2008)]
FACTS: The Chicago Bridge and Iron Company and its United States subsidiary, Chicago Bridge and Iron Company (Petitioner) is a company that was engaged in designing, engineering, and constructing industrial storage tanks for liquefied natural gas and other gases. In this market the Petitioner and another company, Pitt-Des Moines, Inc., were the dominant firms. The Petitioner acquired all the assets belonging to Pitt-Des Moines, Inc. in the year 2001 for 84 million dollars. The Respondent preferred charges against the Petitioner alleging ...
Introduction
A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer ...
Purposes of law
In broad terms, the major function of the law is act as a platform or system of order that levies punishment for crimes that have been defined by the same law. Another function of law is to ensure that there is a uniform fairness across all boards of the justice system. In the business environment, the law also provides a platform whereby disputes between different parties are resolved, and the legal rights of the different parties in the business are also discussed. It is of the essence to note that the law is also used in businesses as a ...
Elements of the crime
Orr was arrested over an arson charge at a place called Atascadero. In order for the prosecution to prove that he was the person responsible for the crime, the following elements were identified. In this case, the prosecution provided both the Actus Reus and the Mens Rea element in their bid to charge Mr. Orr for the offense. On the Actus Reus section, the following factors were associated with the arson that Mr. Orr was under accusation. The factors included the physical manifestations that placed him on a probability scale of being the mastermind in setting the place ablaze.
Actus Reus
...
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 ...
Town of Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005)
Type of Action
The type of action in this case was in issue.
Facts of the Case
Jessica Gonzales the plaintiff in the case was a woman who had undergone some form of Separation. She and her husband were estranged and she managed to get a restraining order to keep her violent estranged husband away from her. The husband managed to disobey the restraining order and when she went to the police station complaining that her husband was violating the restraining order that had been issued by the court. One time, ...
1. Facts
2. Issue
The issues in the following case are:
Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures.
Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?
Could the evidence (drugs and guns) be considered admissible in a court of law?
3. Rule
The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things ...
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 ...
In the Supreme Court of US two states, Rhode Island and Massachusetts had disputes over boundaries. The latter claimed ownership for more than two decades, but later, the former challenged the ownership in the Court of Law. In 1962, the State of Massachusetts was supposed to own the territory, which stretched three miles along Charles River in the south. One year later, Rhode Island received a grant bounded by the same river, but to the southern line of Massachusetts boundary. Failure to issue an express order of the crown was because no one expected the boundary to lead to ...
Brief of Mapp v. Ohio (1961)
Decided
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, ...
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. ...
Introduction
Fisher V. Dees was a case in appellate court pitting Marvin Fisher as the appellant and Rick Dees as the appellee. The determination of this case had serious implications on the fair use of intellectual property as defined by the copyright law in America. This paper ventilates on the on the facts involved in the case, the consideration and holding of the appellate court and the implications of the holding in the music and entertainment industry.
Facts of the Case
The following are the facts that were considered in the determination of the case. The appellee in the case sought permission from the ...
A case brief of Bush v. Gore (2000)
The case of George W. Bush, et al v. Albert Gore, Jr., et al (531 U. S. 98, 121 S. Ct. 525), familiar as Bush v. Gore was a disputable one, and was heard on December 11, 2000. The case determined the results of the presidential election in 2000. By court’s order (7-2), the ballot recount that was conducted in certain counties in Florida, was stopped due to the absence of approved standards. The Court declared (in 5 – 2 vote) that there was no sufficient time for establishment of new ...
(Name of Professor)
U.S. Supreme Case of Shelby County v Holder
1.
Shelby County v Holder is a landmark case involving the Supreme Court ruling declaring the provisions of the Voting Rights Act of 1965, particularly sections 5 and 4 (b), as unconstitutional. Section 5 of the said Act requires the local government to get a pre-clearance from the US Attorney General or three judges acting as a panel of the US District Court in Columbia prior to changing the laws on voting to ensure that the new law will not result in the denial of the right to ...
1
- Should Rogers extend its business outside its jurisdiction of British Columbia?
Growth is always welcome. Rogers Chocolate has a good market penetration, and that in itself accounts for an expansion of business. With its varied range of products, as well as the number of tough competitors, it is essential for Rogers to expand its business more, and capture other zones as well. Rogers is Columbia’s second largest company, founded in 1855, and thus remains significant even historically. It has markets like retail, wholesale, as well as online markets. So, with better marketing, Rogers can expand beyond ...
(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 ...
As highlighted by the United States penal code, murder is classified as a crime. Whether it is in the first degree, second or third, it is still a crime that is punishable by law. In addition, armed robbery is a felony that is considered serious in nature because it poses a danger to the victims. In addition, murder can be classified into instigated murder under manslaughter. Criminal acts are acts that are against the law. The criminal act in question is a case that involved the murder of two store owners during a robbery incident in a Chicago store. ...
This essay highlights the facts of the case of IBP, Inc v Alvarez in the peer review. It outlines the decision of the initial court and further displays the other decisions in the subsequent courts. It also addresses the principles underlined in the cases outlined. The introduction deals with the facts of the case and the rest of the ideas are discussed in the subsequent sections of the essay.Facts of the case.
The case of IBP, Inc v Alvarez, the employees sued Barber Food and IBP in two separate cases. The suit was brought before the federal district court. ...
Peremptory challenge
In law, there is a provision for a peremptory challenge. Under this provision, attorneys have the discretion to select a jury or reject them even without stating the reasons as to why they do so. Presiding judges have the duty of deciding whether the peremptory challenge is accepted or not. In most cases, such challenges are as a result of a party to a case having a reason to think that engaging some jurors would result in an unfair verdict. When both parties to a case have an agreement as to the composition of the jury, there are high ...
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 ...
Minnesota v. Carter525 U.S. 83 (1998)
This was a case against a man called Carter. It was a case that was argued and also decided in the year 1998 by the supreme court of Minnesota. The case involved a police officer finding out Carter together with John's activities that involved packaging of drugs, to be specific cocaine. The police officer found this out by peeping through a gap on the window of the apartment Carter, and John were at the time. They were arrested by the officer, charged and convicted with offenses involving drugs. However, a particular issue arose ...
Analysis of Arkansas’ Victor Case Study
It is appalling that defense attorneys easily manipulate the loopholes existing in the justice system and the law in general. In addition to the defense attorneys, the drug dealers also employ the juveniles to undertake the sale of the drugs. The citizens ignore the vice perpetrated by the juveniles in the streets, bus stops and commercial buildings. The general show of lack of interest by the citizens exposes a deep-rooted belief: acceptance of drug abuse in the community.
The police have a mandate to uphold the rule of the law. They approach each case with caution and seriousness. However, ...
Bush, et.al. vs Gore, et.al.
531 U.S. 98
FACTS : In 2008, the lower court in the State of Florida ordered for the manual counting of votes during the recently concluded Presidential election participated by George W. Bush and Al Gore. Bush won but only a few votes over Gore. Because of this, an automatic recounting of votes was set. The Secretary of State issue a deadline as far as the recount was concerned. The Florida Supreme Court extended the deadline from November 14 to November 26. In the counting, the lower court order that a total of 383 ...
Professional or Personal
There are various situations where as an administrative office there is a dilemma pertaining to the decision making on ethical conduct in a professional environment. There are biases that cannot be avoided at times, which may be due to certain situations that are unavoidable however at the same time the emphasis on genuine corrective action cannot be ignored considering the fact that an honest and impartial approach should be taken at all times. The above can lead to severe conflicts if a decision is taken in either of the directions and therefore it becomes important to take actions keeping ...
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.
Issue
The issue, which Katz seeks a review of the ruling is the government has no right to ...
Introduction
The United States Supreme Court, in the course of its interpreting the tenets of the Constitution, has commonly regarded the 12 man jury panel as critical to the satisfaction of the right to a jury trial by an accused in court, as ruled in Thompson v Utah (1898). However, the High Court has backtracked from this position in recent times, with Justice Byron White enumerating the reasons in the decision of the Court in Williams v Florida (1970). In the decision in Williams, the Court gave several reasons as their justification from retracting from the decision in Thompson.
Among ...
Political history has been shaped by various people and historical events in the state. Some of these people are; Earl Warren, Goodwin Night, Ronald Reagan. On the other hand, historical events such as the Ronald Reagan election as governor in 1962, removal of ``west coast Japanese” to camps in 1942, Watts riot in 1965 and California becoming one of the popular states in 1962 due to Richard Nixon attempt to defeat Governor Brown which intensified conflicts between the democrats and republicans further contributed to the politics of California.
Earl Warren is a very important person in California politics due ...
Introduction
The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become ...
National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995)
National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995)
National Engineering & Contracting Company is the petitioner and the Occupational Safety And Health Act (OSHA) Review Commission is the respondent represented by the Secretary of Labor, United States Department of Labor in the United States Court of Appeals, District of Columbia Circuit. Case no 93-1468 Argued Oct. 18, 1994.—February 03, 1995 before Circuit Judges Buckley, Williams and Henderson.
Petition for review of $ 400 imposed on National Engineering and Contracting Company (National) by ...
H.R. 1412, the Justice and Integrity Act of 2009
H.R. 1412, the Justice and Integrity Act of 2009
A Report from Rep. Steve Cohen (d-tenn.), Discussing Racial Disparities in the Criminal Justice System That He Can Use To Move This Bill Forward in Congress
Introduction
According to Research Advocacy for Reform (2013), male Americans of black descent are six times more likely to be imprisoned than white males. Additionally, they are 2.5 times more likely to be incarcerated that Hispanics. If this trend continues, it is clear that every black American born today should expect to go to prison during ...
In the case, the United States vs. Peter Madoff, the accused is Peter Madoff and the defendant is the United States which is representing the public. Peter was had been accused of aiding his brother, Bernard L, Madoff to swindle off investors huge amounts of money through a Ponzi scheme. His brother had been convicted of the crimes four years earlier to serve 150 years in jail. This case had been brought to a Manhattan court and the judge presiding over this case was U.S. District Judge Laura Taylor Swain. The questions of the case included when did peter ...
Introduction
Litigation is a process of dispute resolution that is considered to be cumbersome and very expensive. It involves going through the courts and this process is usually tedious especially because courts have several pending cases to handle. In this regard, many institutions find it preferable to make use of other Alternative Dispute Resolution systems (ADRs) which tend to be less time consuming and even less tedious.
1 A. The systems of alternative dispute resolution other that can be used by the employer other than that of litigation are such as that of mediation, that of arbitration and minitrials. These ...
ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW, NO. 02-1624
Elk Grove Unified School District v. Newdow, No. 02-1624
Introduction
On 24th march, 2004 the case between Elk Grove Unified School District and Newdow was heard in the U.S supreme court. The court was to determine and rule on two essential issues concerning the case. The Supreme Court was therefore to determine whether Newdow who was the plaintiff and a noncustodial parent had standing in challenging recitation of the pledge by Elk Grove Unified School District. If the court ruled in favor of the plaintiff then, it was also to determine ...
In the Canadian criminal justice system, bail suffices for purposes of releasing the accused while still on trial. The accused is afforded an opportunity out of detention at least until he is proven guilty, proof which has to be beyond reasonable doubts. It is in appreciation of the role of bail and the courts that confer the same thereof that I visited the said courts. On November 20th 2013 I visited a bail court as part of my class assignment to examine cases of accused being processed through a bail hearing. The bail court I visited was City Hall ...
Juvenile justice system is designed to ensure appropriate treatment for offenders who are not adult. Separate norms, procedures, laws, provisions, and institutions are provisioned for juvenile offenders in almost every civilized society of the world. There are different provisions for adolescent offenders and they should be treated in different and not like other criminals. Missouri model has been emerged as a very effective model to treat such offenders. This paper intends to discuss juvenile justice system, Missouri model of juvenile justice and other related aspects.
Thousands of teenagers are behind bars, facing very torturous conditions in different countries across ...
Using someone’s credit card without card owner’s permission is an offense. If it used accidentally and after realizing the same, card owner is compensated accordingly then the act may not be punishable but in case where the card is used several times without permission of credit card owner, the said act amounts to theft. The amount used, and frequency of using such stolen cards is taken into account by courts while deciding the guilt and punishment in such cases. Facts and circumstances of every case are observed in totality and then it is decided that any act ...
Identify the problem
Megan Slake is the mother of eight year old Nancy Slake. Nancy was raped in the past. Megan feels sure that her neighbor was the culprit but not enough proof was collected to achieve a conviction. At a restaurant with her husband one evening Megan sees her former neighbor. The next day Megan learns that the former neighbor was accused of murdering his wife at the same time Megan knows he was at the restaurant. Therefore he could not have committed the murder. (a) Megan could keep quiet about his location at the time of the murder. Or (b) ...
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 ...
Criminal Law
Question 1:
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 ...
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 ...
Summary
The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...
Miranda v. Arizona, Terry v. Ohio
Facts of the case
Ernest Miranda kidnapped and raped an 18-year old woman on her way back home from work after parting company with her coworker on alighting from a bus they had both travelled in. The victim could not identify the perpetrator even though police brought in several suspects. At one stage t police suspected her complaint itself. They made undergo lie-detector test but the test neither could confirm nor deny her innocence. However, after a week of the incident, the victim on her own found the victim and gave leads about ...
Miranda v. Arizona, Terry v. Ohio
The case involves an appeal in the U.S. Supreme Court against conviction of Ernest Miranda for rape and kidnapping of a young woman and sentencing him for 20 to 30 years of imprisonment on each charge to run concurrently.
Facts of the case
Ernest Miranda, a young Mexican man about 28 years old, kidnapped and raped an 18-year old woman Lois Ann Jameson while she had been returning home from Paramount Theater in downtown Phoenix where she worked along with a coworker and after she got down from the bus alone. After complaining to the police, Lois ...
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 ...
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 ...
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 ...
Introduction
In this article, there is overwhelming evidence at the initial trial for any prosecutor, investigating authority and even the court to believe that John was the murderer. His confessions are consistent whenever they come, and his self-sentencing to death in itself an admission of guilt. The fact that even the state of the body turns out exactly where and how he had described to the police, and the motive he alleges would leave no doubt in anyone that he murdered Maxine in cold blood, and deserved the strictest sentence. Arrested seven months after the murder, crime scene evidence could ...
Focus Of Juvenile Justice
It is true that to some degree, a number of juvenile delinquents who are detained know and understand the severity of their crime or offenses. Instead of coming up with punishments, like that of the adult system, it is important that juveniles are given rehabilitation. This means that the focus should be on allowing the juvenile delinquent back in to society if the rehabilitation process proves to be successful.
Young juvenile delinquents still have their future ahead of them. If detained for their crimes, they will not be able to focus on their career, family, etc. This means that, ...
Law
Corey Stoughton, who is a Staff Attorney has stated in his speech made before the New York State Judiciary Committee during the state assembly that one of his proposals is to reform the courts and justice system in New York for the benefit of the people and the state. This is in accordance to the move of the New York Civil Liberties Union (NYCLU) which aims to promote and enhance the essential rights of the people pursuant to the Constitution of the state and the Bill of Rights under the U.S. Constitution (NY Civil Liberties Union, 2013). Stoughton raised ...
Executive Summary
This case study looks at the increasing numbers of as yet unsentenced (and therefore potentially either innocent or guilty of any offence) young people on remand in Queensland, where – in common with other states in Australia – “Efforts are primarily focused on the rehabilitation of young offenders so that even after the establishment of guilt, detention is seen as a last resort.”(Mazerolle & Sanderson, March 2008) (p.1). Because custodial remand brings young people formally into the justice system and into close contact with what Mazerolle & Sanderson refer to as “deviant peers” (p.1), it can increase the possibility of (re)offending, ...
In this paper, we will look at the case between Australia Securities and Investments Commission (ASIC) and Peter James Shafron. The case comes by from the employment of Mr. Shafron in 1998 as general counsel and company secretary of James Hardie Industries Ltd (JHIL). A year later, Mr. Donald Cameron was then appointed joint secretary with Mr. Shafron.
The court of appeal found that Mr. Shafron had contravened s 180(1) of the Corporations Act 2001 (Cth) in two respects that are put in issue in the appeal. Both the contraventions were those of omission: failing to give advice, ...
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.
467 U.S. 837 (1984)
Facts: The Clean Air Act Amendments of 1977 required some of the states which have not yet conformed to the national air quality standards of the EPA to comply with the set standards pursuant to the unamended Clean Air Act. The EPA enacted regulations which interpreted the term “stationary source” to permit the other states to treat all of the pollution-emitting devices coming from similar industrial group to be ...
The killing of Troyon Martin seems to have polarized America. On the one hand some people think that his killer, Robert Zimmerman, is guilty of a crime, and on the other hand there are those that think he is only guilty of poor judgment. The case has taken on racial overtones, due to Martin being black and Zimmerman labeled a “White Hispanic.” A large segment of the population believes the executive branch must intervene, and Zimmerman should be retried and found guilty of something.
Numerous petitions on whitehouse.gov call for bringing Zimmerman to “justice.” Essentially, the petitions betray an ...
U.S. 211, Addyston Pipe and Steel Company v. U.S. (1899)
U.S. 211, Addyston Pipe and Steel Company v. U.S. (1899)
1. Provision of the Antitrust Laws
The provisions invoked in the case were sections one and two of the Sherman Act, 1890. The provisions illegalized any persons or group of persons who shall in one way or another conduct themselves in a manner that would restrain trade. The conduct includes matters of contract and or trusts. In addition, the Constitutional clause on commercial transactions between states was also invoked as being ancillary to the matters at hand.
2. The ...
Citation: Toyota Motor Mfg., Ky., Inc. v. Williams, 534 US 184 (2002).
Procedural History
Who is appealing on what issues?
The petitioner to the United States Supreme Court is Toyota Motor Manufacturing, Kentucky. They are appealing a decision by the Court of Appeals of the Sixth Circuit that Williams’ impairments substantially limited her in the major life activity of performing manual tasks, thus meeting the definition of “disabled” under the American Disabilities Act (ADA). In particular, they are asserting that the Court of Appeals applied an improper standard in making that determination.
What happened in the lower court?
Williams ...
346 U.S. 537, Theater Enterprises, Inc. v. Paramount Film Distributing Corp. et al (1954)
- Abstract of case
The case relates to a Supreme Court appeal decided on January 4th 1954 in which the petitioner was seeking to have the court find the defendants liable in violation of the Anti-Trust laws. The petitioner resided on the Sherman Act and the Clayton Act. The contention lay in the manner in which the first and subsequent runs of a film were conducted by the defendants to the detriment of the petitioner and whether their action (which in the opinion of the ...
The name of this case is stated as R.V WILLIAMS. This case is basically a case where it is presented as Victor Daniel Williams V Her Majesty the Queen. The interveners into this case
Included the Attorney General of Canada, Attorney General for Ontario, Aboriginal Legal services of Toronto Inc, the African Canadian Legal Clinic, the Urban Alliance on Race relations as well as the criminal Lawyers’ Association which was based in Ontario. This case report was obtained from File No.24 June the 4th in the year 1998.The people present when the case was presented includes: Lamer C.J, Gonthier, ...
Kelo v. City of New London, 545 U.S. 469 (2005)
Kelo v. City of New London, 545 U.S. 469 (2005)
This was a case concerning a projected that was designed to create at least 1000 jobs, which would in turn lead to an increase in revenue through increased tax collection. Moreover, it was also the intention of the project designers that it would revitalize the economy of the city, more so the waterfront and downtown areas. The project received the consent from the requisite authorities in the city of London to commence in the year 2000. In order to ...
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 ...