You be the Judge #3 Deborah Andriaccio D’Youville College Submitted in Partial Fulfillment of the Requirements of LAW 303V Judge Thomas Rebhan June 6‚ 2014 Kashin V. Kent 457 F.3d 1033‚ 2006 U.S. App. LEXIS 20496 United States Court of Appeals for The Ninth Circuit‚ 2006 Scope of employment refers to a person actively involved in an employment task at a particular time. It usually becomes an issue when an accident occurs‚ which is required to make
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ALICE M. BATCHELDER‚ Circuit Judge. Page 807 512 F.3d 807 (6th Cir. 2008) 85 U.S.P.Q.2d 1481 NCR CORPORATION‚ Plaintiff-Appellant‚ v. KORALA ASSOCIATES LTD.‚ Defendant-Appellee. No. 06-3685. United States Court of Appeals‚ Sixth Circuit. Jan. 16‚ 2008 Argued: Feb. 1‚ 2007. Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 04-00407-Michael R. Merz‚ Magistrate Judge. Page 808 [Copyrighted Material Omitted] Page 809 [Copyrighted Material Omitted] Page 810
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U.S. v. Lopez 514 U.S. 549 (1995)‚ Vote of 5 to 4‚ Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act‚ making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez‚ Jr. was a senior at Edison High School in San Antonio‚ Texas. Acting on an anonymous
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Case Brief: TRANSAMERICA OIL CORPORATION v. LYNES‚ INC and Baker Internat’l Corporation Procedural history The plaintiff purchaser (Transamerica Oil Corporation) brought action to recover damages resulting from defendant sellers’ (Lynes‚ Inc) breach of an express warranty under Kansas Uniform Commercial Code. The U.S. District Court for the District of Kansas awarded damages to the purchaser. The sellers appealed. Facts Harold Brown‚ president of Transameria‚ saw defendants’ advertisement
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Incompatibilism v. Compatibilism There are two prevailing incompatibilist views concerning free will‚ hard Determinism or Libertarianism. The former asserts that if determinism is true‚ then free will is nonexistent and humans are essentially robots following a path determined for us from our past and natural laws. The latter denies that determinism is true and thus appears to introduce randomness as an explanation to account for free will. Compatibilists claim that free will and determinism can
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relevant to the offence and the offender.3 Hence in the context of sentencing indigenous offenders‚ where it is related to the offence‚ the indigenous circumstances will provide a relevant context for mitigating the sentence.4 The seminal case of R v Fernando5 (“Fernando”) adumbrated the oft-cited Fernando principles6 which comprehensively set out the considerations when sentencing indigenous offenders. Key amongst these considerations is the relevance of indigenous background‚ poverty and alcoholism
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CRJ 150 McCleskey v. Kemp The case began with Warren McCleskey‚ an African-American man who was sentenced to death in 1978 for killing a white police officer during the robbery of a Georgia furniture store. McCleskey appealed his conviction and sentence‚ relying on the Eighth Amendment’s ban on cruel and unusual punishment and the Fourteenth Amendment’s guarantee of Equal Protection to argue that the death penalty in Georgia was administered in a racially discriminatory -- and therefore unconstitutional--manner
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Living in a first-world country‚ our freedoms and rights are protected above all else by the law. We are allowed freedom of speech‚ race‚ religion‚ thoughts and ideas‚ etc. These freedoms allow us to express ourselves to the best of our abilities. Yet some ideas that these freedoms allow us to transmit are censored in order to prevent harm to others; hate speech‚ propaganda‚ etc. is frowned upon as it may bring harm to others. The case of pornography in all this and its legal regulation is the belief
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Assignment 2 Issue: Under the state’s tort law‚ does forgery occur when an individual finds a check written out to cash‚ and was there any intent to injure or defraud. Rule of law: Under Section 30-236 of the state penal code defines forgery as “falsely making or altering any signature to‚ or any part of‚ any written purporting to have any legal efficacy with intent to injure or defraud.” Section 45-3-109d of the state Commercial Code provides that when a negotiable instrument is made out to cash
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PEOPLE V. SANDIGANBAYAN G.R. Nos. 115439-41 July 16‚ 1997 DOCTRINE: To prevent a conniving counsel from revealing the genesis of a crime which was later committed pursuant to a conspiracy‚ because of the objection thereto of his conspiring client‚ would be one of the worst travesties in the rules of evidence and practice in the noble profession of law. EMERGENCY VERSION: Paredes‚ a Provincial Attorney‚ applied for a free patent. It was granted by later on cancelled as it was obtained through fraudulent
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