of the Fourteenth Amendment. The court decided to put the case on trial; it related back to the Betts v. Brady case of 1942. Unlike Betts v. Brady’s 6-3 ruling in which Betts had lost‚ Gideon won the case with an astounding 9-0 majority. The main issue of the case centers on proper representation of the defendant. In order for the reader to fully understand the scope of the case‚ he or she needs to consider Betts v. Brady. 1Gideon’s case originally started in the lower courts. 2He went to the 13th
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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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Name and year of the case: Parent v. Trenton School Department‚ 1999 Issues: In this scenario a student maintained residence in the town of Trenton‚ a community that does not have a high school. Students from this area are able to enrolled in Ellsworth or MDI high schools‚ however‚ due to behavioral issues the student was placed in a more restrictive environment in Bangor (Parent v. Trenton‚ 1999‚ p.2). During the spring of the 1998-1999 academic year the student returned home without “notifying
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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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The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
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Which in this case‚ the court ordered him to pay half the amount due. The court cannot allow him to pay only half because of the formula they must abide by. The formula will take into consideration his unemployment. In the Borowsky‚ the court had to follow the formula‚ even though the defendant was unemployed at the time. In Moncada v. Moncada‚ the court found that the petition was insufficient. The court also ordered when
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In the state of Ohio‚ the courts have taken a pro-business approach‚ at least regarding the nursing home industry‚ as is evidenced‚ by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case‚ the case involved a lawsuit filed against The Oakridge Home‚ an Ohio nursing home‚ by a former resident‚ Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home‚ she suffered serious injuries in a fall and that the fall was the result of negligence
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Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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News of the decision in the legal case Brown v. Board of Education shook the country‚ the decision that ended segregation. However‚ many resented the decision‚ doing everything they could to prevent desegregation. Even with the negative reactions toward the Brown case‚ black people claimed it was a major victory for them. It took several years before most integration in schools took place. It wasn’t until many schools were threatened with the loss of their funding or had troops sent to their schools
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Zippittelli v. J.C. Penney Company‚ Inc. 1 Zippittelli v. J.C. Penney Company Michelle White Professor Laura Hansen-Brown August 23‚ 2012 ZIPPITTELLI V. J.C. PENNEY COMPANY 2 Summary This was a case brought to action by Joanne Zippittelli against her employer‚ J.C. Penney Company. Zippittelli testified that she was one of four women who applied for a position within the company and she was overlooked for the job due to her age. All four women had the same job title and
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