Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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Mapp v. Ohio‚ 1961 According to the Court’s decision‚ why may illegally seized evidence not be used in a trial? Justice Tom C. Clark wrote on the courts behalf saying that it was logically and constitutionally necessary that the exclusion doctrine be insisted upon‚ even in the states. This doctrine is essential to the right of privacy‚ therefore evidence that is found illegally without a warrant must not be used in a trial‚ for this would be unconstitutional. Why‚ according to Justice
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Mapp v. Ohio On May 23‚ 1957‚ police officers in a Cleveland‚ Ohio suburb received information that a suspect of a bombing case‚ as well as some illegal betting equipment‚ might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter‚ but Mapp refused to let them in without a search warrant. Two officers left‚ and one remained. Three hours later‚ the two returned with several other officers with a piece of paper and broke in the door. Mapp asked
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uninhibited flow of ideas and opinions on matters of public interest and concern. That which is addressed to matters of private concern‚ or focuses upon persons who are not "public figures" is less stringently protected.” (Taken from LexisNexis‚ Esposito v SFX case) 2. What court decided the case in the assignment? (2 points) Supreme Court of New York in 1996 & the Supreme Court of New York‚ Appellate Division in 1997 3. Briefly – state the facts of this case‚ using the information found in the case
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Henry V by William Shakespeare‚ is supposed to have been written about 1599. It expresses the story of King Henry V of England‚ focusing on events surrounding the Battle of Agincourt during the Hundred Years’ War. The play is the final part of a series of plays‚ following Richard II‚ Henry IV‚ Part 1 and Henry IV‚ Part 2. The original audiences would consequently be familiar with the title character‚ which was depicted in the Henry IV plays as a wild‚ undisciplined lad known as "Prince Harry". In Henry
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Loving v. Virginia Loving v. Virginia tells me in this case that the Constitution of the United States then were unfair and unjust to the Loving Family. Here we have two people of different race‚ obviously in love and married. Although the state of Virginia had its own objective concerning interracial marriages‚ I feel that our Constitution should have enforced what laws were emplaced within The Constitution of the United States. That’s why they were written to protect and to keep good law and
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29. Introduction 30. The decision of the House of Lords in Salomon v Salomon & Co Ltd [1] evinces the accuracy of Gooley’s observation that the separate legal entity doctrine was a "two-edged sword".[2] At a general level‚ it was a good decision. By establishing that corporations are separate legal entities‚ Salomon’s case endowed the company with all the requisite attributes with which to become the powerhouse of capitalism. At a particular level‚ however‚ it was a bad decision. By extending the
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Charisma Thorpe Brunswick Political Systems- Final 6 October 2014 Miranda v. Arizona Outline Argued: February 28‚ March 1 and 2‚ 1966 Decided: June 13‚ 1966 Supreme Court Decision: The Supreme Court ruled 5-4 in favor of Miranda and it also enforced the Miranda warning to be given to a person being interrogated while in the custody of the police. Miranda Warning: You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right
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Business Law Case Study 4/16/10 Liebeck V McDonald’s Corporation The case of Liebeck V McDonald’s Corporation also known as “The McDonald’s coffee case” is a well known court case which caused a lot of controversy. In February of 1992‚ Stella Liebeck‚ a 79 year old woman from Albuquerque‚ New Mexico sued McDonald’s Corporation for suffering third-degree burns from their product. Mrs. Liebeck and her grandson visited a local McDonald’s drive-thru and ordered a cup of coffee. After pulling away
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I. Katz v. U.S. 347 (1967) II. Procedural History: Charles Katz was convicted under a federal statute of transmitting wagering information by telephone across state lines. The court of appeals affirmed the conviction. The Supreme Court granted certiorari and reversed. III. Facts: The petitioner‚ Charles Katz‚ was charged with conducting illegal gambling operations across state lines in violation of federal law. In order to collect evidence against Katz‚ federal agents placed a warrantless wiretap
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