In the state of Ohio, the courts have taken a pro-business approach, at least regarding the nursing home industry, as is evidenced, by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case, the case involved a lawsuit filed against The Oakridge Home, an Ohio nursing home, by a former resident, Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home, she suffered serious injuries in a fall and that the fall was the result of negligence by the nursing home staff. Oakridge entered a motion seeking a stay of the court proceedings because, Hayes had signed an arbitration agreement in which she agreed that any malpractice claims she might assert against Oakridge would be resolved…
MILLERSBURG — A Wooster man has denied criminal charges he was in possession of methamphetamine when he was pulled over for a traffic stop in January.…
Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…
Mapp v. Ohio, 367 U.S. 1081, 81 S. Ct. 1684, 6 L. Ed. 2d 1081 (1961)…
One of the many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is, is a basic pat down of a suspects outer clothing, searching for weapons. The name came be known by a Superior Court case in the 1960’s, known as Terry v. Ohio.…
What is the difference between lawful trickery and unlawful coercion according to the 1990 Supreme Court decision in Illinois v. Perkins?…
In the 1920s, American stardom was on the rise. With the birth of the movie “star”, the public was more focused than ever on Hollywood. The crowds rejoiced when actors and actresses made blockbuster movies, but came down with harsh criticism if this perfect image was shattered. This is evident in the case of Virginia Rappe, a popular silent film actress who died in the days following a party with the biggest star at the time, Roscoe “Fatty” Arbuckle. The case was based on the assumption that her death, caused by a ruptured bladder, was due to being raped by Arbuckle. This case was filled with many conflicting testimonies along with the influence of the press making the persecution of Arbuckle impossible.…
Branzburg v. Hayes was the only ever supreme court case to deal with reporter’s privilege. The ruling of this case was that reporter’s had no right to hide their sources in a court case. The chief justice at the time,Warren Burger, made a point that reporters, “like other citizens, [must] respond to relevant questions put to them in the course of a valid grand jury investigation or criminal trial (Fargo,2010).” With a decision that was five for and four against, this case was not an open and shut many thought it to be. Calling into play a look at the first amendment and what it really means when it says the freedom of speech. Interpreting a document that is more than two hundred years old is not an easy task to accomplish, having to combine…
The case of Thompson versus Oklahoma raises a number of issues regarding the trials and punishment of juveniles for heinous crimes. This case was argued on November 9, 1987 and involves the trial of fifteen-year-old William Wayne Thompson. Along with his older brother and two friends, William Thomspon brutally murdered Charles Keene, his sister’s husband. His motive was revenge for abusing his sister. William Thompson was a “child” according to Oklahoma law, but he was tried as an adult, convicted with murder, and sentenced to death. The Court of Criminal Appeals of Oklahoma upheld this ruling. Because he was only fifteen years old at the time of the murder, this ruling violated the Eighth Amendment, causing this case to be brought to the Supreme…
The Terry v. Ohio case took place on December 12th of 1976. The case was filed by John Terry who claimed that his arrest resulted from an invasion of his privacy. Terry believed that Officer McFadden violated his 4th Amendment rights, which protect citizens of the United States from unlawful searches and seizures conducted by police officers or law enforcement agents.…
Case: Near v. Minnesota 1931 U.S. Supreme Court Parties Jay Near (Plaintiff) State of Minnesota (Defendant) Facts: A publication, The Saturday Press, published an article alleging that City officials of Minneapolis were complaisant with gangsters who were engaged in illegal activities in the city. A Minnesota law was in effect which allowed the state courts to enjoin a publication which was engaged in a public nuisance. To be a nuisance the publisher had to be printing material that was malicious, scandalous, and defamatory.…
In many ways, the opinion in this case represents a final step in the creation of…
According to the Court’s decision, why may illegally seized evidence not be used in a trial?…
Please research and explain landmark case, such as Mapp v. Ohio, Terry v. Ohio, etc.…
That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…