Essays on Appellant

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

Willie Mae GRAY, Plaintiff-Appellant,v.BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens, TheOld Country, Defendant-Appellee.

Top Six (6) Facts:

Fact 1: On August 23, 1986, Willie Mae Gray and her two daughters, Ruth and Esther, went to Busch Gardens, an amusement park in Williamsburg, Virginia. Fact 2: While at the park, Mrs. Gray bordered a small train and she had an accident in which she fell off and injured herself. Fact 3: After the injury incident, the employees of Busch Gardens dispatched a first aid team to the site and called an ambulance. Fact 4: Mrs. Gray’s daughter, Ruth, went with her in the ...

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 ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court The Supreme Court of the United States The Judge Writing the Decision Justice Ruth Bader Ginsburg Facts of the Case/Brief Summary The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

IN THE SUPREME COURT

BETWEEN: CHARLES WAITROSE Appellant and

REPUBLIC OF CANADA Respondent

APPELLANT SKELTON ARGUMENT _________________________________________________________________________

INTRODUCTION AND FACTUAL BACKGROUND

The agreed facts of the case as it was before the trial and first appellate court were that Florence Waitrose, 8, had been suffering from an inoperable malignant brain tumor for six months. Despite receiving significant amounts of medication to help abate her pain, she continued to suffer considerably in the terminal stages of her life. All other curative treatments had ceased, and she was being nursed at home by her parents. Her father, Charles Rose, under the feeling that neither he nor his daughter could cope any longer with ...

Question 1

Essential roles of trial judges are to establish privileges in courtrooms and qualifying privileges, while promoting fairness, morality and justice in the society. Judges are to uphold the constitution and the law of the jurisdiction that they occupy in the judiciary system. The judge assists claimants in solving issues amongst themselves by getting rid of the emotions and providing guidance to the claimants. The judge can achieve this on their own or with the help of a jury.

Question 2

Various states are accepting the use of non-unanimous verdicts due to the complex nature of certain cases. In some instances, the ...

A case brief comprises of the following key components: parties, facts, reasoning, and judgment or holding. First, the parties within a case can be identified using their names. For example, in Smith v. Jones case, “Smith” and “Jones” are the parties. However, parties are given titles depending on their roles. Parties are referred to as either the plaintiff or defendant at the trial level. At the appellate level, they are referred to as either the appellants or respondents (Putman, 2009). Specifically, the plaintiff and appellant are the suing people at the trial and appellant level respectively. A brief must ...

In the case of Giesecke & Devrient v Minister of Safety and Security (Supreme Court of Appeal of South Africa) the main issue was admissibility of hearsay as evidence as per s 3(1)(c) of the Law of Evidence Amendment Act 45 of 1988. Giesecke & Devrient was the appellant while Minister of Safety and Security was the respondent. In the case, it was ruled that hearsay could not be admitted as evidence. The appellant was involved in the provision of cash processing as well as security services for a number of clients including banks and casinos. One of its ...

Term researched: Revocation and Termination

Legal citation: 356 N.J. Super. 299; 812 A.2d 409; 2002 N.J. Legal history: the defendant had been indicted for receiving stolen properties in violation to the New Jersey state acts 2C:20-7a. He was also found guilty of theft by deception and placed on a three-year period of probation. While serving probation, Thomas was convicted of two other criminal offences. Besides, he pleaded guilty of handling stolen property and the charge of harassment. However, two weeks after his second sentencing, it was decided that a revocation and sentencing on the probation violations should occur. The court ruled that the Thomas ...

The Court of Appeals should reverse the district court’s decision, and grant to Ms. Eriksen a motion for preliminary injunction, because Ms. Eriksen engaged in constitutionally protected free speech. This case encompasses the violation of First Amendment rights and this court ought to “conduct an independent examination of the record as a whole, without deference to the trial court.” Bery v. City of N.Y., 97 F.3d 689, 691 (2d Cir. 1996). For the First Amendment issues, the appellate courts must make an independent inspection of the whole record in order to ensure that lower court decisions do not ...

1. The admissibility of scientific evidence and expert testimony in court has been the subject of recent debate in both UK and USA. Briefly discuss the background and compare and contrast how courts in both Britain and America make sure admitted evidence is relevant and reliable.

Introduction

The courtroom, never an isolated corner of the societal landscape, has felt science’s impact. Over the years, courts have tried various methods to respond to the increasing influx of science. However, the problem of defining standards for admitting scientific expert testimony is one with a venerable history and in all likelihood, an enduring ...