Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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Ochampaugh v. Seattle 588 P. 2d 1351 (Wash. 1979) Facts Ordinary pond owned by the city Popular with area residents for fishing and swimming The two boys were familiar with the pond and had gone there before. Neither boy could swim. There were no warning signs around the pond. The pond‚ while man-made‚ was in existence before the city purchased the land. Issue Was the pond a “trap” or extraordinarily dangerous enough to render it an “attractive nuisance” to children and thus create
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Case Study: United States v. Salerno 481 U.S. 739 (1987) Using your text and the internet‚ in narrative format with a minimum of 500 words‚ outline the case of United States v. Salerno‚ 481 U.S. 739 (1987). Give the facts‚ issue‚ and court holding of the case. In the case of United States v. Salerno‚ Anthony “Fat Tony” Salerno was arrested on charges of numerous RICO violations‚ and detained without bail. This case determined that the Bail Reform Act of 1984 did not violated the Due Process clause
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U.S. Supreme Court UNITED STATES v. NIXON‚ 418 U.S. 683 (1974) 418 U.S. 683 UNITED STATES v. NIXON‚ PRESIDENT OF THE UNITED STATES‚ ET AL. CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 73-1766. Decided By: Burger Court (1972-1975) Argued July 8‚ 1974. Decided July 24‚ 1974. * Defending Attorney for the President: James D. St. Clair Prosecuting Attorney’s for the United States: Leon Jaworski & Philip A. Lacovara On
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Farwell‚ Benjamin CJU 134 Chp.8‚ Pg 286 Miranda V Arizona FACTS: On March 16‚ 1963‚ Ernesto Miranda was arrested for kidnapping and rape. Mr. Miranda was an immigrant‚ and although the officers did not notify Mr. Miranda of his rights‚ he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights‚ although the officers admitted at trial that Mr.Miranda was not appraised of his right to have an attorney present
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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Tinker v. Des Moines Independent Community School District et al‚ 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker‚ Mary Beth Tinker‚ and Christopher Eckhardt‚ high school students in Des Moines‚ Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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Frye v. United States In 1923 defendant James Alphonso Frye was convicted of murder in the second degree and appealed the decision. The defense counsel offered an expert witness to testify on the results of a systolic blood pressure deception test‚ which was the rudimentary precursor to the lie detector. That motion was denied. The defense counsel then offered that another test be conducted in the courtroom but were denied again. The prosecution then argued the “while the courts will go a long
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