negligent. Allstate further contends that the coverage under its policy which excludes injury intended or expected by the insured. Issue: 1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident? 2. Whether the defendant Allstate coverage was excluded under the terms of its policy or not? 3. Whether the Duplechin’s action was intended tort or negligence? Holding: plaintiff Bourque’s injuries resulted from negligence of defendant Duplechin;
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Table of Contents Internal Control: Avoiding the Next Catastrophe To quote Edmund Burke “Those who don’t know history‚ are doomed to repeat it”. Here we are‚ thirteen years removed from the Enron scandal. The aftermath led to the Sarbanes-Oxley Act of 2002 and stricter regulations on companies going public. People have a tendency to believe that things like this can only happen to massive companies‚ but we must remember that Enron once started off as a small company‚ a company like LJB
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Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
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A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
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Tatro v. University of Minnesota (2012) involved free speech and human cadavers‚ two topics that naturally incite curiosity. The Mortuary Science Program at the University of Minnesota is a Bachelor of Science program for upperclass undergraduate students. The program’s mission is to prepare students to become licensed funeral directors and morticians. The anatomy course of Mortuary Science Program relies on the generosity of individuals who choose to donate their bodies to science after they have
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Ricci v. DeStefano Supreme Court of the United States 129 S. Ct. 2658; 174 L. Ed. 2d 490 (2009) April 22‚2009‚ Argued June 29‚ 2009‚ Decided This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven‚ Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore‚ the White and Hispanic candidates
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Cepparulo‚ Officers working the street and applying the principles of Graham v. Connor every day may or may not know they are doing it. A generation of officers has been trained in the case’s practical meaning and has spent decades applying it to every use-of-force decision. So it has become part of law enforcement DNA‚ often unnoticed as it works in the background to determine our actions. But now the events in Ferguson give us a rare opportunity to put the application of the Graham standards in
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The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society‚ freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people‚ it is no surprise that the decision had to be ultimately made by the Supreme Court of the United
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In the case of Snyder V. Phelps‚ in which the Westboro Baptist Church has been for many years picketing military funerals‚ rights protect the church’s freedom of speech‚ and the freedom of assembly. Although the Supreme Court is basing the decision off of the first amendment right of freedom of speech‚ not only can this case be based on freedom of speech but also the citizens right of assembly. The church believes that American soldier’s deaths should be blamed on the fact that the United States
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Beach In A Beaker Introduction: The purpose of this lab is to create a heterogeneous mixture from substances commonly found at the beach. Sand and salt water will be added to the beaker to be separated. The sand will then be separated through the means of filtration. Then the salt will be separated from the water through evaporation. Theory: If the heterogeneous mixture is separated through filtration then the salt water and sand should be separated completely.A heterogeneous mixture is a mixture
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