73 F.3d 965‚ *; 1996 U.S. App. LEXIS 436‚ **; 37 U.S.P.Q.2D (BNA) 1449; 96 Cal. Daily Op. Service 315 BUFFETS‚ INC.‚ a Minnesota corporation; and EVERGREEN BUFFETS‚ INC.‚ an Oregon corporation‚ Plaintiffs-Appellants‚ v. PAUL KLINKE; CAROL KLINKE; GREG KLINKE; GRANNY’S BUFFET‚ INC.‚ a Washington corporation; and MARK MILLER‚ Defendants-Appellees. No. 94-36222 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 73 F.3d 965; 1996 U.S. App. LEXIS 436; 37 U.S.P.Q.2D (BNA) 1449; 96 Cal. Daily
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Seaver Williams On March 25‚ 1931‚ on a train going through Alabama‚ a fight between nine young African Americans and seven young white men took place. Powell and his African American friends ended up throwing all but one of the white men off the train. There were also two white women on the train who claimed they were sexually assaulted. They were escorted to jail when they arrived at Scottsboro. They were put on trial on March 31 for the rape of the two white women and were found guilty and sentenced
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and liable for injuries to the plaintiff? RULES In negligence‚ a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old neighbor broke. When hammered
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Gravel v. United States 408 U.S. 606 (1972) Facts of the Case Senator Mike Gravel of Alaska was given a copy of the classified “Pentagon Papers” in 1971. After he received the classified documents‚ he called a meeting of his subcommittee in the Senate and shared their contents with the others in the subcommittee. He also allegedly arranged to publish the documents through Beacon Press. A federal grand jury‚ in the process of an investigation of possible federal law violations‚ subpoenaed one of
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Mapp v. Ohio (1962) i. Plaintiff‚ Dollree Mapp‚ was illegally raided by Cleveland police. After receiving information that an individual‚ wanted in connection with a recent bombing‚ was hiding in Mapp’s house‚ the Cleveland police knocked on her door and demanded entrance. On the other hand‚ the defendant was the state of Ohio. The police were looking for a bombing suspect and during the search found a gun and obscene literature. ii. On May 23‚ 1957‚ police officers in Cleveland‚ Ohio believed that
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In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff‚ a police officer‚ suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the Commissioner
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On January 22‚ 1973‚ a monumental ordeal for all of the United States had come about. Abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn into this political issue. In this case Norma McCorvey who used the pseudonym ‘Jane Roe’‚ was an unmarried woman who wasn’t permitted to terminate her unborn child‚ for the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against
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Tiffin University Denny v. Ford Motor Company MGT623 Legal and Ethical Issues in Management Dr. Scott Basinger Submitted by: Ashley N. Brown 10-07-12 Denny v. Ford Motor Company Nancy Denny believed she was buying a Bronco II‚ which gave her the ability to switch between two-wheel and four wheel drive. According to the sales manual this feature would be appealing to women due to the vehicles’ ability to drive safer on snow and ice. Nancy Denny bought the vehicle
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Sears Vs. Walmart Financial Performance Comparison Profit Margin Profit Margin‚ Sears Co. | | 1997 | | 1996 | | 1995 | Net income | 1‚188 | -6.53% | 1‚271 | -29.43% | 1‚801 | Total revenues | 36‚371 | 7.76% | 33‚751 | 8.41% | 31‚133 | Profit Margin | 3.27% | | 3.77% | | 5.78% | This Profit Margin ratio is acceptable‚ though not high. The result means that for each dollar of sales at Sears Co.‚ the company earns only 3.27 cents in 1997‚ compared to 3.77 cents and 5.78 cents in 1996 and 1995 respectively
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Pace University Michael Khoo LAW 101 Gonzales v. Raich(545 U.S. 1 (U.S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective treatment was the use of Marijuana which was recommended by the doctors. In 1996‚ a California statue‚ under the name of The Compassionate Use Act‚ was established to legally allow marijuana to be used only for medicinal purposes. Monson cultivated her own Marijuana for her
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