CASE NOTE MUSUMECI V WINADELL PTY LTD KYLE CROSS I BACKGROUND INFORMATION Full Citation Musumeci v Winadell Pty Ltd (1994) 34 New South Wales Law Reports 723 Parties Musumeci‚ lessee (Plaintiff) Winadell Pty Ltd‚ lessor (Defendant) Date 4 August 1994 Court Supreme Court of New South Wales (NSWSC) Coram Santow J II LITIGATION HISTORY This case is a first instance decision. The plaintiff sought claim for damages‚ and claim for relief against forfeiture. III BRIEF STATEMENT OF MATERIAL FACTS The
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The way that Napster collected revenue was by advertisers. Advertisers would pay Napster to infuse their advertisements on Napster’s web site. There was a law suit against Napster that is referred by A&M Records‚ Inc. vs Napster‚ Inc. Although this case is called A&M Records‚ Inc. vs Napster‚ Inc. it consisted of many record companies that are members of the Recording Industry Association of America (RIAA). The law suit was filed because it is a direct infringement of the record companies’ copyrights
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CRUZAN‚ BY HER PARENTS AND CO-GUARDIANS‚ CRUZAN ET UX. v. DIRECTOR‚ MISSOURI DEPARTMENT OF HEALTH‚ ET AL. SUPREME COURT OF THE UNITED STATES 497 U.S. 261; 110 S. Ct. 2841; 111 L. Ed. 2d 224; 1990 U.S. LEXIS 3301 December 6‚ 1989‚ Argued June 25‚ 1990‚ Decided PRIOR HISTORY: CERTIORARI TO THE SUPREME COURT OF MISSOURI. DISPOSITION: 760 S. W. 2d 408‚ affirmed. JUDGES: REHNQUIST‚ C. J.‚ delivered the opinion of the Court‚ in which WHITE‚ O’CONNOR‚ SCALIA‚ and KENNEDY
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Marbury v. Madison is a court case that was decided by the United States Supreme Court in 1803 involving William Marbury as the Plaintiff and James Madison as the Defendant (History.com staff‚ 2009). As a result of this case‚ the United States Supreme Court was granted the power to perform judicial review (“Judicial Review”‚ n.d.). With the power of judicial review‚ the United States Supreme Court is now permitted to review laws from the legislature and executive orders from the President to determine
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with terms like “territory” and “commonwealth”. Bigger and more powerful nations that inhabit smaller nations for various benefits should never deny a nation’s culture and roots‚ instead in these modern times people should be allowed to govern themselves and be independent nations. In the midst of the struggle over status (U.S commonwealth or Independency) only one clear realization can come of this‚ Puerto Rico ought to be independent and refuse commonwealth to the United States of America
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sentenced to death. In the Atkins v. Virginia (2002) case‚ Supreme Court ruled that execution of such a person constitutes cruel and unusual punishment prohibited by the 8th amendment (Bethany A. Young-Lundquist‚ 2012). Standardized tests were the method used to test intellect. The purpose of this study was the focus on potential limitations of adaptive functioning. It has been thought that individual s with high levels of psychopathic
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After careful review by the trial court‚ the judge awarded CNAC $94‚304.79 as well as the additional expenditures accumulated as a result of the trial. The initial decision dealt with just the two companies‚ excluding Holberg individually. Before the case was closed‚ while motions could still be placed into action‚ the plaintiff requested to modify the
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Marbury versus Madison Taking place in 1803‚ Marbury v. Madison was the landmark case that set the standard of judicial review into effect. This means that any previous ruling on a case can be used as a precedent and can determine the verdict. The background of this case is all sorts of messy; when John Adams’ term was near its end‚ William Marbury and a few others were appointed as “justices of peace” for the District of Columbia‚ however their positions were never official. When Thomas Jefferson
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In school student rights can be limited. There are several court cases that cover these rights. Here are a couple of them. Unreasonable Searches & Seizures- In the New Jersey v. T.L.O. case‚ T.LO. and her friend were accused by a teacher for smoking in the bathroom. Her friend admitted to‚ but T.L.O kept denying it. The teacher brought her purse to the principal‚ and the principal demanded to see her purse. Proof that T.LO. was selling drugs was found. They took it to the police and she finally committed
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In Hilgendorf v. Hague the Supreme Court of Iowa determined that Hague had the power‚ but not the right‚ to terminate the agency relationship with Hilendorf (“Hilendorf‚” n.d.). An agency relationship can be terminated by an act of both parties‚ an unusual change of circumstances‚ impossibility of performance‚ and operation of law (Cheeseman‚ 2013‚ p. 393). In the case of Hilgendorf v. Hague‚ the contract was not terminated by an act of both parties‚ because Hilgendorf (agent) did not acquiesce
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