Essays on Plaintiff

The plaintiff, Mrs. Drake is a trained and qualified teacher of American English. She is a Black American citizen. The first defendant is the Headmaster of Governors Dummer Academy and the second Defendant is the Board Governors of Governor Dummer Academy. The facts were that on the tenth of October 2011, the first Defendant summoned the plaintiff in his office and instructed the plaintiff to explain her reasons for her absence at the work place without permission for three consecutive days starting the 4th of October to the 6th of October of 2011. The plaintiff reported to the headmaster that her ...

Introduction

Negligence refers to the act of perfuming an activity that can not be done by any reasonable person or doing the reverse to cause pain to another person. This is definitely a violation of one’s right and hence a legal action should be taken for such a person (McDonald, B., 2007). As a branch of civil law called tort, a case may qualify to be regarded as negligence if an incident involves more than just careless conduct, and involves a combination of the concepts of duty and breach of a well established law. These are some of the grounds upon which a case can be based ...

Law of Torts in Business

Introduction

In the laws of a country, the law of tort is concerned with how someone treats their neighbour. A person should not injure a person neither should he trespass into a neighbour’s property. Such acts are considered to be criminal in nature and the individual will be liable in a court of law. The law of torts covers a range of actions such as negligence, intentional injury and defamation that ruins an individual’s reputation. The law of torts is best illustrated by the case of Donogue vs. Stevenson. The plaintiff was with a friend in a cafeteria taking ginger beer. When she took ...

RE: EXPRESS OF NO MERIT ON THE CASE FILED BY SOFIA LUI’S FAMILY

Question Presented The question I raise is that, was Uber system responsible for the death of Sofia Lui, and was the case filed by Sofia’s family has any merit?

Short answer

According to the arguments raised by the plaintiffs, Sofia Lui family represented by Attorney Christopher Dolan; there is no evidence linking Uber System to the death of Sofia Lui. The driver in contention was a contractor who had been given a job by Uber System but at the moment of the accident, the driver in mention did not have any account with the company. Mr. Muzaffar, the driver, was not ...

Law

1a.) The four main components of a contract are: offer, acceptance, consideration and intention of legal consequences. The offer is considered complete if it states in definite terms of the agreement and it must be communicated to the offeree. The offer should not only include any estimation, manifestations of interest, requests for proposals or letters of intent. The offer is different from an invitation to treat such as advertisements and shop displays where the invitation to treat is inviting an offer to be made (Richards, 2009). In this given case, the offer was made through an advertisement in several newspapers ...

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 County, ...

Malpractice actions can only proceed once basic requirements contained T.C.A. § 29-26-115 has been met. Firstly, the burden of prove is upon the claimant to provide the standard of professional practice within the community which defendant practices. As a claimant, therefore, prove that I am well vast with the standards of professional practices that should have upheld at the time when the injury was committed. I will also prove that defendant failed to act with reasonable in light of the aforementioned professional standard. It will also be important for me to prove that defendant acted with less care than what ...

Freedom of speech is an important right enshrined in the constitution. However, the freedom should be exercised with caution. For instance, it is wrong to spread false claims about an individual, a state officer or an organization without enough facts. Such an offence may attract defamation charges. Defamation is the communication of false information that gives an individual, a business, a group, or a nation bad image. In most cases, individuals and organizations that feel defamed may press for a tort of defamation. A tort of defamation refers to a legal action brought against an individual or an organization accused of making false claims which ...

Facts

Mattei, the plaintiff, was a developer of real estate who planned to build a shopping center on the land that belonged to the defendant, Hopper. After several months of negotiations, the defendant agreed to sell the land to the plaintiff. The parties reduced their agreement to the writing form commonly known as deposit receipt. Under the terms of receipt, the plaintiff had to pay $ 1,000 of the total price of $57,500. On the expiration of the 120 day period, the full purchase price had to be paid. Along with this term, the deposit receipt also stipulated for a satisfaction clause. ...

In the clash that made cars driven by Deb and second by Abe, plaintiff suffered head injuries, quickly followed by suffering a serious knees injury because of the car driven by Anne. Upon arrival at the hospital, the doctor said to the injured that he had to have an operation or his legs must be amputated. Knowing the risk damaged was certainly accepted surgery. Although it has been unsuccessful, although damaged lost both legs, he had to endure a lot of pain, which are created( it was later determined) by incorrectly specialist, who left a piece of metal that to accrete with ...

Abstract

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 bodily harm to other persons, property, or infringement on ...

The Law

- Since this incident occurred due to negligence and no prior contract existed between the plaintiff and the defendant the Law of Tort becomes applicable. - As per established norms in the Law the plaintiff must be able to prove that - Defendant owed a duty of care - Defendant breached that duty - There was damage as a result - If the three points are proven by the plaintiff, then following options of defence are open namely any one of the following: Consent, Contributory Negligence, Necessity or Illegality. The Limitation Act (1980) sets a period of ...

Facts

This is a case of Byrne (P), an ordinary citizen walking in front of a flour shop which was under the ownership of Boadle (D) when a barrel containing some baking materials fell from the defendant’s window, directly hitting the plaintiff and making him sustain serious personal physical injuries. The plaintiff filed for charges against Boadle before the court under the grounds of negligence of duty. There were several people who witnessed the incident which caused the plaintiff to sustain injuries, including some of the defendant’s flour shop employees. Aside from the obvious and legal medical services-backed evidences of ...

IRISH EQUITY LAW

IRISH EQUITY LAW The Mareva injunction is a very powerful remedy which if improperly invoked will bring about an injustice, something that it was designed to prevent’

Introduction

- Definition of Mareva Injunction: A Mareva Injunction is defined “as an injunction which freezes a defendant’s assets, preventing their dissipation, and ensuring that they shall be available to the plaintiff, in the event that the plaintiff succeeds in the trial of action.” In the case of Bank Mellat v Nikpour, the judge described Mareva injunction as “one of the law’s two nuclear weapons”. In O’Mahoney v Horgan ...

CITATION: 18 Cal. 3d 660

FACTS: A women brought action against a man whom which she lived with for approximately six years. Plaintiff alleged that she and the defendant entered into an oral agreement that the plaintiff would give up her career and become a housemaker and housekeeper. The plaintiff quit her job as an entertainer and singer in order to cook and clean for the defendant. In return, the defendant would provide all financial support to the plaintiff for the remainder of her life. Plaintiff alleged that the two would combine their efforts and earnings and share the property they acquired throughout their relationship ...

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 plaintiff. Slander ...

Issue

The issue is whether Barry can insist on the existence of the contract for renewal of his employment and, if not, whether he can rely on promissory estoppel. Another issue in the following case is whether Barry has a right to receive promised bonus.

In common law contract can be defined as legally binding agreement between two or more competent parties. In order for a contract to be valid, it has to contain necessary elements – offer and acceptance, consideration and legal intention of the parties to enter into a contract. Even if one of those elements is missing, an agreement may not ...

Graham v. Conner 490 U.S. 386 (1989)

The Plaintiff (Graham) is diabetic and he had been feeling awful after an insulin reaction. A friend took the plaintiff to the store but because the queue at the store was too long so he hurriedly left the store and his friend drove him to their friend’s home for juice. A police officer, on seeing the plaintiff hurriedly leave the store, was suspicious and trailed the car. He stopped the two after trailing them for one mile. The plaintiff’s friend told the police officer that Graham was having a “sugar reaction” ( ...

Placing a cap on “Pain and Suffering” in tort actions is essential; this is because there are many cases that arise from tort actions. Tort action is in itself a civil action or injury that does not arise from a contract. The law for such action provides for some outline of money damages. The actions arise from accidental laws like personal injury and negligence. This calls for a cap on the tort actions regarding pain and suffering. Reforms are needed, for proposals and enactment, to have a clear outset of the nature of tort actions.

The laws that are adopted and exist for ...

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 ...

A man carrying a small package in his hands ran into the railway station. He was unsteady and almost fell when he attempted to board a moving train. Two of the railway station’s guards rushed to help him. The plaintiff, Palsgraf, was on the other side of the rail waiting for a train. Railway guards were able to prevent the man from falling but his package, whose contents they were not aware, fell on the rail. The package contained fireworks which exploded upon touching the rail lines. As a result of the explosion, scales caused injuries to the plaintiff. There was nothing ...

Garlock Sealing Technologies, LLC is a company that manufactures fluid sealing products used in the processing industry. The company employs more than1900 people, with 12 manufacturing facilities around the world (Garlock, 2013a). In the past, sealing gaskets for use with pipes moving steam or other heated materials were manufactured using asbestos to provide heat resistance to the seal. Workers exposed to asbestos in the workplace have a highly increased risk for mesothelioma, a type of lung cancer (Mayo Clinic, 2012). Garlock Sealing Technologies, LLC has been involved in product liability suits related to the use of asbestos in their seals for 35 ...

Introduction

The decision making mantle in an organization is placed under the management. The top administration has the responsibility of making general decisions that have significant effect in an organization. However, this mantle is not solely under the management. The process of decision making should be constructed from the departmental heads. Decisions that may affect department are generated from decision generated from the departmental level. Generally, the decision making process should include all the parties and stakeholders in the organization under the command of the top administration. This enables for a well inclusive decision generated to fit the solutions needed for ...

Introduction

With respect to law of torts, any action carried out intentionally and that results in causing either physical or emotional injury to another person qualifies as an intentional tort. On the other hand, negligence tort entails causing harm or injury to a third party as a result of personal carelessness. According to Arthur and Barner (2007), civil law requires that every individual conduct his or her activities in a manner that induces no harm to surrounding persons. In this context, the need to conduct one’s affairs in a safe manner constitutes the element of duty. Failure to act safely and within expected ...

In the case of Nova Mink v Trans Canada Airlines , the High Court ruled that airplanes that are governed by the Air Traffic Rules which are ruled by competent authority shall be subject to common law duties of care, unless otherwise excluded by legislation that expressly provides for an exclusion. This is regardless of the fact that they cover a wider range of mobility, both in vertical and horizontal settings. In the case of aeroplanes, they cannot be analogous to railways since the latter is excused when operating in accordance with statutory rules including accidents which occurred in level crossings ...

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

DIVISION FOUR 189 Cal.App.4th 1155 (2010) 117 Cal. Rptr. 3d 126

MICHAEL HOWE,

Plaintiff and Appellant. vs.

SEVEN FORTY TWO COMPANY, INC.,

Defendant and Respondent. Facts On the 26th June 2008, the Plaintiff/Appellant, Michael Howe, suffered injuries when he fell off the ground after sitting on a counter stool at a restaurant owned by the Defendant/Respondent. Each of the seven counter stools in the restaurant was fastened to a metal base that was fixed onto a raiser that was fastened to the ground. Ever chair was fastened onto the metal base using three wood screws. The screws to the chair that the Plaintiff sat on ...

Law:

How Rules Affect Us Introduction There are numerous laws in our society, different sets of rules and regulations that measure and govern relationships between people, their states and their environment in its totality. Laws are significant as they protect our privacy, properties, relationships, businesses, assets and economies. Some of these laws revolve around offering equal opportunities for all. Some are more concerned with contracts and others on torts just to mention some. All these cover a wide variety of issues that define our daily encounters, the contract law for instance places an emphasis on a wide range of agreements ...

A recent United States Court of International Trade case is Marvin Furniture (Shanghai) Co. v. United States. In the case, the plaintiff was the Marvin Furniture, while the defendant was the United States. The case involved efforts by the plaintiff to withdraw the decision made during the Marvin Furniture (Shanghai) Co. v. United States, 36 CIT, 867 F. Supp. 2d 1302, whereby the court found Marvin to be responsible importer of goods that had entered US but were not reported, hence resulting to rescission. The bases of defendant was that the plaintiff had failed to disclose it first exports ...

Korb v. Raytheon, 707 Supp.63 (D.Mass. 1989) is a case where Lawrence Korb, is the plaintiff against Raytheon Company, the defendant. The plaintiff was a former employee of the Raytheon Company which was a defense contractor company. The case was brought by the plaintiff on grounds of wrongful termination of employment by the company. This case brought about a lot of issues concerning freedom of speech, freedom of information and employment laws. The case also helped to lay precedence on issues regarding freedom of speech, freedom of information and employment laws. The case involved the plaintiff Korb who was an employee of ...

What were the legal issues in this case? What did the appeals court decide?

A lawsuit was filed by David Dunlap against Tennessee Valley Authority or TVA under Title VII of the Civil Rights Act of 1964 for racial discrimination during selection of candidates. The district court found that the plaintiff Dunlap has endured discrimination under both disparate impact analyses and disparate treatment, stating that the subjective hiring process of TVA allowed racial discrimination against Dunlap and other colored applicants. The Court of Appeals decided that although there was enough evidence to show that TVA was guilty of practicing disparate treatment, there was not sufficient proof to corroborate disparate impact. Taking into ...

Trademarks are some of the many intellectual property rights that are protected under the UK property rights law. Specifically, trademarks are governed under the Trademarks directive. In the case at hand, L’Oreal v Bellure, who is the defendant produced fragrances that were similar in smell to those of the plaintiff Chic SARL who made expensive fragrances for the high-end markets. Loreals fragrances were however marketed in the low end markets and cut chemists so as to appeal to the low income earners. The intention of loreal was to ensure that her products appeared like expensive brands so as ...

RE: Interfamilial wiretapping

Question Presented Whether the wife of the man who recorded calls between his wife and their son, who is at boarding school, and between his wife and the school headmaster has sufficient claim against the husband

Brief Answer

No, the woman do not have sufficient claim against the husband as Title III has some exemptions that can be used to clear a man involved in intercepting calls designated to his wife or any member of his family. Even though Article III is not clear about the exceptions related to familial affiliations, most courts have been able to demonstrate that such exceptions ...

Q. 6 The official is exercising discretionary power. As a representative of an agency, the official has the discretion to decide which cases would progress to the prosecution stage and which ones will not. However, in exercise of this power, the official must be guided by certain rules and precedents and for him to recommend that the brother-in-law’s case do proceed to trial then the case must meet the required threshold. The fact that in the ordinary sense the case would not have proceeded to trial means that the official is biased towards the brother-in-law for the reason ...

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 a successful claim against ...

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 ...

1. Define the term law and describe the three sources from which law is derived Law is a system of principles and processes by which people handle disputes and problems with the aim of settling them. In other words, laws are rules of conduct that government enforces and if these are violated, it imposes penalties to violators. There are two kinds of law: public law (which deals with the relationships between individuals and government) and private law (which deals with relationships among individuals).

The three sources of law are:

Common law refers to a body of principles stemming from judicial decisions which in turn arise from ...

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 ...

Background of the Titanic

The Titanic carried 2,227 people before the ship sank. The sinking of the ship can be attributed to the negligence of the captain of the ship. Before the occurrence of the instance, the titanic ship was warned six times of sea ice on 14 April but unfortunately, it travelled at a maximum speed towards the sighted iceberg. After it approached the region, the captain’s efforts did not work since titanic failed to turn quickly as it was required. It was not until the captains of the ship realized that the ship was to starting to sink than ...

Woodill v. Parke Davis & Company

79 Ill.2d 26 (1980) 402 N.E.2d 194 ISSUE: The issue is whether or not the defendant is liable for failure to give warning of the potential danger that may be caused to the user of the product. RULING: The Supreme Court held that in a failure to warn case, the important element that has to be proven is knowledge on the part of the defendant. Thus, the burden of proof that the defendant had known of the danger in using the product is shifted to the plaintiff. ANALYSIS: In the case of spouses Woodill, the parents ...

Facts: Gucci America, Inc., is a New York Corporation which headquarters are located in New York City. Gucci is engaged in manufacturing and distributing luxury goods: footwear, belts, sunglasses, wallets being sold worldwide. Gucci uses twenty-one federally registered trademarks. Wang Huoqing, a resident of the People’s Republic of China, has been discovered by Gucci to operate numerous Web sites offering for sale products which illicitly bear Gucci’s trademarks. Gucci hired a private investigator in California to buy goods from Wang Huoqing Web sites. The investigator bought a wallet labeled Gucci which was counterfeit. After that, Gucci claimed Wang Huoqing. ...

Management

Abstract Companies have come to realize that Human Resource is key element to remaining competitive in the global advance and market towards their goals. Human Resource in Coca Cola Company is facing challenges of fighting racial discrimination in United States. . The issues that Coca-Cola is facing in relation to human resource are critical and more so threaten its survival. The paper discusses racial discrimination in the Coca-Cola Company. The paper analyzes the case study of Coca-Cola Company that dwells on racial discrimination. The recommendations to the problem are also highlighted at the end of the paper.

Summary

The lawsuit, ...

Business Law

promissory estoppels in Business contracts

Introduction

Miller (2013, p. 173) stated that the doctrine of promissory estoppel also known as “detrimental reliance”, shall give any person who has reasonably and substantially relied on the promise of another to acquire some measure of recovery. At present time, the doctrine of promissory estoppel has been used in different contexts by the court that allowed the recovery of a promise despite lack consideration on the promissor. The doctrine enabled the court to enforce an unenforceable promise that will prevent the miscarriage of justice to those who suffered losses and damages. In order for the ...

Introduction

Trade was one of the most important economic activities of the ancient civilization. Initially trade was mainly conducted on land .As the scope of the activity expanded with time, another mode of transportation; water transport started to become gradually important and started to attract the attention of commercial enterprises. As this mode of transport became more important, there arose a need for the formulation of insurance scheme to protect the water vessels, the passengers, and cargo for the various risks that they faced in this transport mode. Marine insurance is therefore one of the oldest forms of insurance that has ...

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. The plaintiff ...

Abstract

In the case of Patsy Slone vs. Dollar Inn, the case at hand involves the plaintiff suing the defendant for negligence that caused her an emotional distress on the fear that she could be having the AIDS virus after she was pierced by a needle while being a guest at the defendant’s establishment. This requires a compensation for damage even without evidence that the plaintiff actually contracted the virus. It is evident from the claim that although she did not have the virus, she had suffered greatly from the trauma and fear that she might have contracted the virus. As a result ...

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 contract is ...

Business Law Case Study - Case No. 110,936

Issues Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”? Rule 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.

Application

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 ...

Introduction

Counterfactual thinking has been defined as the thought of events or occurrence of something that never occurred. Counterfactual thinking is a subject that has been discussed by many psychologists. This is the reason why there have been numerous researches that have been conducted about the subject. The first pioneers of the study of counterfactual thinking were Amos Tversky and Daniel Kahneman. This happened in 1982 where they wanted to show that people in the world tend to think about the “if only” of some certain events in their lives. There are positive feedbacks from the numerous researches conducted about the ...

ADULT

Abstract Sexual offences on children are a very traumatic event for them. This is the main reason why they repress this abuse in order to protect themselves from the memories. The statute of limitation comes in handy for this kind of claims. It enables people to be able to defend themselves against these claims when they are innocent and it helps the plaintiff to give evidence they may have about the issue. There have been many cases where adults have been able to remember abuses from childhood and have taken their perpetrators to court. The main reason for doing ...

Other

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 continue with ...

Question One: Can Steele show publication, identification, defamation and falsity?

It is trite law that for one to successfully sue another in tort for defamation, he or she is required to prove that the statement or statements alleged to be defamatory made by that person or entity was; published; false and that person or entity making it knew it to be false; refers to him or her or it; and has the effect of lowering him, her or it in the estimation of the right thinking members of the society. Before instituting a defamation law suit therefore, one has to ensure all the four prerequisites are established on the balance ...

Parties involved (Public institution and individuals)

Kenneth E. Hardy, Plaintiff - Appellee, Jefferson Community College and Kentucky Community and Technical College System, Defendants: Mary Pamela Besser and Richard Green, Defendants-Appellants Summary The First Amendment of the United States Constitution affords protection to freedoms and rights of citizen that include but not limited to, freedom of speech. Such rights and freedoms are anchored in the Constitution and cannot be abrogated by any particular individual. Nonetheless, it is never always clear cut on what constitutes speech on issues of public concern so as to fall into the category of speech that is protected by ...

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. ...

FACTS

The case of Bouchat v. Ravens is a case involving Frederick E. Bouchat as the plaintiff and Baltimore Ravens Limited Partnership, et al. as the defendants. The plaintiff was a football fun and an amateur artist who developed a logo, which will be referred to as the flying B logo henceforth. Baltimore Ravens club used this logo from the 1996 season through 1998 league seasons.

ISSUE

The logo, the plaintiff argued had copied it without his consent. Bouchat filed a suit of copyright infringement against the defendants. The court received a submission for a benchmark trial decision based on the evidence from both parties. The ruling ...

Discrimination Lawsuit: Disparate Impact and Treatment

Unfortunately, discrimination can take place in the workplace affecting the employees. To try to prevent these occurrences, federal laws have been enacted that prohibit such behavior. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin; it prohibits both in disparate treatment and disparate impact. Disparate impact refers to rules, policies, and practices by an employer that appear to be neutral on their face, but have a disproportionate impact on members of a protected class. Disparate treatment, on the other hand, is intentional discrimination (See EEO). If someone is the victim ...

In this interesting case, we have several facts. On the one hand, Mr. Daggett, representing plaintiff, Ms. Darcy, which is claiming that they have sufficient proofs for accusation Big Car’s Motion and its so-called supervisor, Clarence, for harassment, sex-abuse and that there was a hostile workplace environment for Ms. Darcy, their former employee. On the other hand, representing Big Car Motion company, Mr. Cheatam is trying to persuade that plaintiff do not have sufficient proofs for her claim.

Every Law system has many `black holes`` in which many facts swap in. However, we are learning how to respect our ...

CITATION: 276 N.C. 279 (1970)

FACTS

This article will strive to review the verdict given by the Court of Appeals regarding the case between Mason J. and Gaston County. The court declared non-suit after going through the defendant’s evidence and docketed the plaintiff’s request. The accused had finished high school in the year 1966. Later on in 1968, he got married at the age of nineteen and became emancipated. Mason needed money to complete his engineering course. His wife worked as a computer programmer, and they stayed in a rental. The two were expecting to have a baby; hence, Mason had ...

Answer 1)

Securities Exchange Commission and Commodity Futures Trading Commission have an important role to play in the US Economy. While the function and objetcivbe of SEC is to protect theinvestors by ensuring that all the public listed companies provide fair and accurate financial information through their mandatory SEC Filings every year. It also ensures order and efficiency in capital markets which facilitate capital formation in US economy. Thus, the approach of SEC, assure that the securities market in US Capital Market are fairly traded, which helps the investor to take high- risk gambles and allows them to make sound financial ...

The Australian administration law has developed over the last three decades. The framework of the law is marked by the comprehensive system of the administration law. Key elements addressed in the administrative law system include the conferral of information under the freedom of privacy legislation, human rights agencies, the review of the administrative tribunals, and review of the judicial courts. Administration law looks at the implications of three main groups which are the courts, executive, and a citizen. The three groups are directly involved in each of the administrative law dispute. They can either be the defendant, adjudicator or the ...

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK 190 F. Supp. 116 (1960) U.S. Dist.

Frigaliment Importing Co. (Plaintiff)

Vs. B.N.S. International Sales Corp. (Defendant)

Facts

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 ...