"Case brief of the commonwealth v pestinikas" Essays and Research Papers

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    Brief Sample

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    How to Brief Cases To fully understand the law with respect to business‚ you need to be able to read and understand court decisions. To make this task easier‚ you can use a method of case analysis that is called briefing. There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case‚ you can prepare a brief of it. Although the format of the brief may vary‚ typically it will present the

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    Mapp V. Ohio Case Study

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    CRJU 310 Judge Oberholzer April 12‚ 2009 Mapp v. Ohio * Mapp v. Ohio * 367 U.S. 643 * (1961) * Character of Action Mrs. Mapp was found guilty and sentenced to prison 1-7 years. Mrs. Mapp and her attorney took the case to the Supreme Court in Ohio. * Facts: Three police officers went to Dollree Mapp’s house asking permission to enter into her house‚ because they believed that she was hiding a fugitive in her home. When she did not allow the police officers

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    Gill v. Whitford is a Supreme court case that deals with political gerrymandering. A lower court ruled that the state’s Republican-drawn map constitutes an "unconstitutional partisan gerrymander." The case involves district lines in Wisconsin that challengers say‚ “were drawn unconstitutionally to benefit Republicans.” The case could have a major impact on how district lines are drawn up nationwide.The court has said that too much partisanship in map drawing is illegal‚ but it has never said how

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    upheld in regards to Riggs et al v. Palmer case because one should not be granted inheritance by murdering one’s ancestor. For this reason‚ the New York Court of Appeals has decided on a naturalistic approach‚ which has deemed Elmer Palmer guilty for murdering his grandfather‚ thereby prohibiting Palmer from getting anything from his grandfather’s will. This essentially means that the court argues that judges use their morals in order to determine the outcome of cases. Therefore‚ rejecting the idea

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    Cobbs V. Grant Case Study

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    Grant case brings up the issue of informed consent. In this case the surgeon‚ Dr. Grant informed the patient‚ Mr. Cobbs that he had an intractable peptic duodenal ulcer‚ which required surgery. In this case the surgeon failed to inform the patient of the risks associated with the initial surgery. The legal principle of informed consent is the patient has

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    Ledbetter v. Goodyear Tire & Rubber Co.‚ Inc. United States Court of Appeals for the Eleventh Circuit‚ 2007 550 U.S. 618 (2007) Alito‚ Justice This is an employment discrimination case that was held by the Supreme Court of the United States. District Court found in favor of the Plaintiff awarding back pay and damages. Goodyear Appealed. The issue argued in the Supreme Court claimed all damages void before Sept. 1997 due to statute of limitations placed on discriminatory claims. The court

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    City Council) owe a duty of care to the particular plaintiffs in the circumstances? Prior cases really only dealt with the ‘builders’ being responsible for the defect in the construction of a particular structure. In recent cases‚ Sunset Terraces‚ it was outlined that Councils do in fact owe a ‘Duty of Care’ thus the rule in Bowen v Paramount Builders Ltd crafted by Richmond P can be applied to our current case. Consequently‚ when the DCC selected a certifier who negligently approved unsound plans

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    Mendez v. Westminster (1946) was a case enacted by‚ “Gonzalo Mendez‚ William Guzman‚ Frank Palomino‚ Thomas Estrada‚ and Lorenzo Ramirez” who “filed suit on behalf of their fifteen…children and five thousand other minor children of ‘Mexican and Latin descent’” (Valencia‚ 2010‚ p.23). They sued Westminster school district because they were denying their children the right to enter schools near their home. The school was in California and was predominantly White and did not allow any Mexican American

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    My first take-away came reading the Poore v. Peterbilt of Bristol Case. While I was reading this case‚ I was sure that Mr. Poore had established a claim under GINA since he was terminated three days after he disclosed his wife had been diagnosed with multiple sclerosis. I assumed he was covered under GINA because it is unlawful to discharge an employee because of the genetic tests of an individual’s family members. This was an important take-away for me because it helped me understand what constitutes

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    that his termination was a combination of legitimate reasons for example reducing costs with illegitimate reasons incapacity under a mixed motives theory. Question 3: Falstaff does not meet the requirements to make the claim. According to Grindle v. Watkins‚ courts use the McDonnell Douglas test to evaluate an ADA claim.

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