Ms. Greear stated that Mr. Daubert had kissed one of the female players named Kendra Wallin. He had kissed her once on the forehead and once on the cheek. In addition, Ms. Greear stated that Mr. Daubert had put his hands on Ms. Wallin’s waist. It was not clear from Ms. Greear’s statements if she witnessed the kisses by Mr. Daubert or if she was told that it took place by Ms. Wallin.…
At 6:25 PM, S/O Tom Kollar had notified Security Supervisor Steven Gibbs that he had received a report about a vehicle on fire in the B building parking lot, as well as notifications from Safety Representative Jolynn Heller in regards to the issue. The Fire department was called by Supervisor Gibbs at 6:26 pm, who in turn notified him that they were sending a unit immediately to the site and called LPS Jeffrey Matweecha in regards on escalation for the incident. He advised coordinate with Safety on the incident and that the notification of the GSCC was not necessary as it was an inside issue. Senior ops manager Thomas Gerlach was also notified of the issue and that the fire department was on route The onsite s/o Ruth Gonzalez had reported…
In the medical field, it is extremely important to notify patients of any probability that during a procedure there are a number of things that could affect the outcome. Thus avoiding a case of malpractice or a violation of the HIPAA Act. In the case of Canterbury vs. Spence there was a violation of the HIPAA Act where a doctor did not inform the patient of the potential risks that are involved with a spinal surgery. The patient was told about the surgery but did not ask any further details of the surgery itself nor did the patient ask about the risks that are involved when the doctor did not inform him. As the patient was recovering from his surgery he had an incident where he had fallen when getting out of his hospital bed and was almost paralyzed. There can be many sides to a story but the most important subject of this case is the fact that the patient was not informed of the risks of the surgery nor did he ask for additional information.…
The litigation was brought by investors of Osborne Computer Corp. a computer manufacturing company. The business was founded in 1980 by Adam Osborne. The Company grew rapidly, and by fall of 1982, sales reached $10 million per month, making the company one of the fastest growing enterprises in the history of American business. Late in 1982, Osborne planned an initial public stock offering. In the process, the company retained service of Arthur Young to prepare audit reports and financial statements. Arthur Young issued unqualified or "clean" audit opinions on the company's 1981 and 1982 financial statements. In order to obtain funds to finance the company until the public offering was consummated, Osborne issued warrants to certain venture capitalists in exchange for direct loans. The warrants entitled the holders to purchase stocks at favorable prices, which would result in large profits to the holders when, and if, the public offering took place. Shortly after the warrant transaction closed in April 1983, the company's financial performance faltered. Sales declined sharply because of manufacturing problems with the company’s new…
In 1927, there was a case called Buck V. Bell, which in this particular case it involved a hearing that was required to determine whether or not the enforced eugenic sterilization was a wise thing to do. Today, I will write about The Supreme Court of Buck V. Bell, the definition of eugenic movement, and the role of eugenic movement in this case, and I will also address Oliver’s Wendell Holmes statement.…
Question 1: Yes, Revere is because any employer is covered by the ADA. The Act requires employers with 15 or more employees to make rational accommodations for an incapacitated employee and Revere has approximately 800 employees…
· Assess the past, present, and future impact that victim rights laws have on court proceedings.…
In the case of White v. Gibbs, the plaintiff, Mrs. Debbie White, sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act, a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd, 1986). Since the two parties reside in different states, the case was brought to the United States District Court for the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern, sought summary judgment on their behalf. Mrs. White’s rebuttal was that the summary judgment should…
Facts: Hollis D. King was arrested after a search of his apartment. Local police department officers had probable cause to force entering and searching King apartment. Incident to search and arrest stemmed from a strong odor of what appeared to be burning illegal narcotics. Prior to entering the apartment, Police Officers knocked on the door and announced their presence. The occupants in the apartments did not respond. Under the suspicion of valuable evidence being destroyed the officers forced entering into the apartment. As the officers entered the apartment the odor of the burning substance became stronger. The smell of the burning substance created the exigent circumstance in the probable cause and the case at trial. Without a warrant,…
In the case of Manning v. Grimsley, David Manning JR. was a spectator at a baseball game. Manning sued the Baltimore Orioles and Ross Grimsley for battery under tort law after injuries suffered from a thrown ball. In my opinion, the defendant did not intend harm. However, the defendant unintentionally caused injury to the plaintiff and is liable under the elements of negligence. Second, the Baltimore Orioles are liable because Grimsley was acting in the capacity of an employee at the time of the incident.…
The United States legal system gives all people the right to an attorney to help defend the prosecuted individual. The court case Buck v. Davis shows how a person’s rights could be given but in a way that would go against the one being charged for a crime. Duane Buck is an African American who was tried for being involved in a murder of his ex-girlfriend and her friend in the state of Texas. Many different types of evidence showed that Duane Buck had committed that crime and his passed issues with the legal system. Buck was able to appeal this decision of the death penalty due to the violation of his rights.…
“From a moral standpoint it would be misguided to equate the failings of a minor with those of an adult.”-Justice Anthony Kennedy. In 1993, Christopher Simmons was sentenced to death when he was only 17. A series of appeals to state and federal courts were submitted but each appeal was rejected. Then, in 2002, The Missouri Supreme Court stayed Simmon’s execution while the U.S Supreme Court decided Atkins v. Virginia, where the U.S. Supreme court ruled that executing the mentally ill violated Eight and 14th Amendment prohibition on cruel and unusual punishment because majority of Americans found it cruel and unusual, the Missouri Supreme Court started to reconsider Simmon’s case. Using the reasoning from this case, the Missouri court decided…
On June 20, 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing people with mental retardation violated the Eighth Amendment prohibition against cruel and unusual punishment, overruling its Penry v. Lynaugh decision in 1989.…
In the case of Riggs v. Palmer, the issue at hand is whether or not Elmer Palmer, a man who purposely poisoned his grandfather, should be allowed to collect his inheritance. It is the responsibility of Mr. Palmer's lawyer to give sound legal advice so that he may make a decision, on his own, as to whether or not he wishes to fight for his inheritance. In order for our legal system to be upheld, and as immoral as it may seem, Mr. Palmer must receive the money.…
(2) Hart might criticize the majority opinion because he will believe that the justices have done a dishonor to the law. Regardless if the defendant attained the land through unmoral means, he did not violate any laws at that time. Social rules should not be taken into consideration with the law since there is no precedent dealing with such issue. A law is separate from morality, and does not in itself guarantee that the primary social rules of a given legal system are just or morally right (Adams 43). The majority opinion relied on judges to go beyond their jurisdiction and make moral judgments when there was no such precedent or law set on that matter. The judges, as Hart may claim, did not follow primary and secondary rules in reaching their majority opinion. Hart may support the dissent of Judge Gray by applauding Grays reasoning on the case. In particular, Hart would support Gray when Gray states, “The question we are dealing with is whether a testamentary disposition can be altered, or a will revoked, after the testators death, through an appeal…