The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
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official to properly fulfill their official duties or correct an abuse of discretion. (See‚ e.g. Cheney v. United States Dist. Court for D.C. (03-475) 542 U.S. 367 (2004) 334
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1.) The legal issue in R V Brown case that the house of lord had to determine was "Is consent a defence to an assault causing grievous bodily harm" This is a case of sado-masochism where the group of men were engaged in act of violence against each other particularly on their genital parts‚ by branding or genital torture for sexual pleasure. The victims in each case consented to this ritual (activity) and didn’t suffer any permanent injury. Each of the defendants faced assault ABH charges and unlawful
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The Zykan v. Warsaw Community School Corporation and Warsaw School Board of Trustees was a case regarding the limiting and prohibition of textbooks‚ removing books from the library and deleting courses from the curriculum. The case was disregarded by the district court‚ and was brought to the Court of Appeals for the Seventh Circuit. Ultimately‚ the court ruled that the school had a right to establish whatever curriculum that it wanted‚ but it was not allowed to restrict learning. The student’s right
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Abstract 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
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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enforcement is not hidden anymore‚ the general public can see the police officers performing their jobs. However‚ those officers quick to use gun or Taser lack the skills in de-escalation when dealing with a minor hostile situation. Nevertheless‚ the case of Bryan v. McPherson was related to a situation of officer Brian McPherson and motorist Carl Bryan‚ which Mr. Bryan was pulled over and issued a citation early that same day and headed to southern California from Camarillo to Coronado. I have over
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Safford v Redding (2009) (Student rights regarding personal searches) • Facts of the case ¬ Savana Redding‚ a thirteen-year-old at Safford Middle School‚ was accompanied to the Assistant Principal Wilson’s office to be questioned about a day planner that contained knives and other illegal items‚ including four prescription-strength‚ and one over-the-counter‚ pain relief pills. ¬ Redding told the principal that she owned the planner but she knew nothing about the medication. Mr. Wilson explained
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Nick Crusco 10/09/2013 Mr. Cooper Criminal Justice Powell v Alabama A group of African-American youths were on a freight train through Alabama. They got into a fight with some white youths‚ throwing the white boys from the train. A message was sent‚ requesting all blacks be removed from the train. Two white girls on the train testified that they had been raped by six different youths in turn. The youths were taken into custody. The community was very hostile‚ as a mob met the youths. The trial
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No. 07-0268 __________________________________________________________ IN THE SUPREME COURT OF THE UNITED STATES _____________ ANDREA “ANDY” SOMMERVILLE‚ Petitioners-Appellants v. WLLIAM DENOLF Respondent-Appellee ------------------------------------------------- On Writ of Certiorari to the United States Court of Appeals for the Seventeenth Circuit _____________ BRIEF FOR RESPONDENT _____________ QUESTIONS PRESENTED FOR REVIEW 1) Whether the Gun Free School Zone
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