ARCHER V. WARNER (01-1418) 538 U.S. 314 (2003) 283 F.3d 230‚ reversed and remanded. NATURE OF CASE Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer. The Archers sued the Warners in North Carolina state court for fraud in connection to the sale. The settlement was that the Warners would pay the Archers $300‚000. The Warners paid $200‚000 and executed a promissory note for $100‚000. The Warners failed to make payments on the promissory note and the
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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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HUDGENS V NATIONAL LABOR RELATIONS BOARD FREEDOM OF EXPRESSION AND PUBLIC PROPERTY AUGUST 13‚ 2009 DIANE SACHAROFF BMGT 281 SUMMER Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right‚ but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government‚ federal or state. (Hudgens v. National Labor Relations Board‚ 424 U.S. 507 Lexis). In
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Wallace v. Jaffree How did the Three Branches of government respond to the social issues of freedom of religion based on Wallace v. Jaffree case? Name: Thao-My Bui Date: 11/4/2014 IB History of the American Word count: 1989 Table of Contents A. Plan of Investigation 3 B. Summary of evidence………………………………………………………………………………………………………………..3 C. Evaluation of Sources……………………………………………………………………………………………………………..…6 D. Analysis…………………………………………………………………………………………………………………………………
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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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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JAMAICA HOSPITAL VS QUEEN HOSPITAL CENTER Jamaica Hospital vs. Queens Hospital Center Nakisa Frazier Excelsior College NUR 431/ Introduction to Health Care Delivery Systems Professor Melanie Bujanda Romero 11/25/2012 If you ever had to wait to several weeks or even months to see a doctor or specialist‚ you would know how anxious the wait can make you feel. You can easily become simply frustrated or even concerned about a possible negative
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search a student while law enforcement officers must have probable cause. In the cases of Best V. New Jersey and Safford V. Redding‚ the issues of search and seizure of a student in school are laid out in different scenarios that clearly portray the difference between a constitutional search and an unconstitutional search. The concept of reasonable suspicion is sufficient for the extended search in the Best V. New Jersey case because the student was in clear violation of school policy and the search was
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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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The KWETEY v. BOTCHWAY AND ANOTHER case explains the principle of “you cannot give what you do not have” which has its Latin as “Nemo dat quod non habet”. In this case‚ the bank‚ wanted to sell a boat that rightfully belonged to Kwetey and this was established by the court to be against the principle stated supra. The facts in Kwetey v Botchway are that the plaintiff had mortgaged his house to the Agricultural Development Bank (ADB) to secure a loan to replace a broken marine engine in a 40-footer
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