Justin Smith Stambovsky v. Ackley (Case Brief 3) Facts The Plaintiff purchased a house that was known to be possessed by poltergeists. Stamboysky was from New York City and not familiar with local folklore. The sellers were aware that it was haunted and actually reported it through national publication‚ Reader’s Digest‚ in 1977 and the local press in 1982. Procedural History The Plaintiff‚ Stambovsky‚ sued to have the contract canceled. The trial court ruled in favor of Ackley. Issue Can the
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the plaintiff (Roche) to prove its contention‚ the judgement of the case was based on the grounds of “public interest” To force a judgement favouring the injunction on Cipla the plaintiff (Roche) had to contend on the following grounds‚ i) That it had a prima facie case ii) That the “balance of convenience” was in its favour iii) That it would suffer “irreparable injury”‚ if CIPLA was not injuncted A prima facie case is a case where there are sufficient evidences to support (but not necessarily
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taken for granted as we move forward towards the future‚ thought the case back then was very different from what we have today.Two Supreme Court cases were brought forth to the highest court in the land to determine the case of racial equality between black and white citizens.These cases are Plessy vs. Ferguson‚ which in 7 to 1 decision decided that the determination of race would be put as “Separate‚ but equal.”The other is Brown vs. Board of Education‚ which in unanimous decision decided that “Separate
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Running Head: ROPER V. SIMMONS: EXPLORING THE 2005 LANDMARK DECISION Roper v. Simmons: Exploring the 2005 Landmark Decision The Case The landmark Supreme Court decision‚ Roper v. Simmons‚ started with a horrific crime in Missouri. A very disturbed seventeen year old named Christopher Simmons planned and carried out the murder of Shirley Crook. A few days prior to the murder Simmons had discussed the plan with a friend and insisted that they would get
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1. In the case of Hu v. Fang‚ 127 Ca.Rptr.2d 756 (2002)‚ when the court said the paralegal’s error was “imputed” on the attorney‚ it meant that the attorney was responsible for the acts or omissions of his paralegal. I relied on ABA Model Rule 5.3 – Responsibilities Regarding Nonlawyer Assistants for formulating my answer. 2. Based on the holding in the Hu v. Fang case‚ an available sanction might be that the default would not be set aside since‚ unlike the instant case‚ the error was not caught
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Tinker v. Des Moines Independent Community School Dist. 393 U.S. 503‚ 89 S.Ct. 733‚ 21 L.Ed.2d. 731 (1969). NATURE OF CASE: Petitioners‚ three public school pupils‚ in Des Moines‚ Iowa were suspended from school for violating a school board (respondents) policy of banning the wearing of armbands. The armbands represented the protest of Government policy in Vietnam. The District Court dismissed the complaint. On appeal‚ the Eight Circuit Court was equally divided‚ therefore affirmed the decision
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Alcohol fueled jealousy and soon police received a phone call about a drunken man with a gun‚ which was not the case. When police arrived and entered Lawrence’s apartment‚ they found Lawrence and Garner engaged in anal sex for what they got arrested. In order to get a better understanding about importance of this case we must look political and social climates of the time. In 1973 anti-sodomy law forbade oral and anal sex between two people of the same sex‚ but
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the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch‚ the cashier of the Baltimore branch of the Bank brought the case to the trial court which decided against him. The Maryland Court of Appeals affirmed this decision. ISSUE: Does Congress have the authority to instate a bank‚ and if so‚ does the state of Maryland
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Takeover Battle Verizon versus Qwest 1. What are the strengths and weaknesses of Verizon‚ MCI‚ and Qwest? Where are the synergies in the proposed combination? 2. Evaluate the two offers in Exhibit 7. What explains the two structures? In each case what is the value to MCI shareholders? 3. Merger arbitrage (or risk arbitrage) finds speculate on the completion of stock and cash mergers‚ typically buying the target and hedging the risk of the acquirer’s shares according to the exchange ratio
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Supreme Court Case 11SC382 Tate vs Colorado SUMMARY Officer Benda was driving through a apartment complex when he saw a man with his car on. Officer Benda pulled up behind him‚ blocking the man in his parking space. The man‚ William Tate‚ was asleep/passed out at the steering wheel with the car on and in park. Officer Benda reported that the man had several open or empty beer cans around him. Officer Benda then knocked on the window
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