Wickard v. Filburn 312 U.S. 100 (1941) Facts The Agricultural Adjustment Act passed by Congress in 1938 allowed the secretary of agriculture to establish production limits on grains to stop wild swings in grain prices by eliminating surpluses and shortfalls. In 1940 the secretary of agriculture set the production limits for 1941. Roscoe Filburn‚ an Ohio farmer‚ planted not only his allotted amount but some other to produce wheat for home consumption. Roscoe was fined $117.11 for the excess planting
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The case of Escobedo V. Illinois set the precedent for the sixth amendment‚ which is the right to a counsel. It guaranteed that if a person is arrested then they must be informed of their legal rights‚ which gives them the right to remain silent. When Danny Escobedo was arrested in connection for the shooting of one of his relatives he received an 18-hour interrogation and was later released for not making any self-incriminating statements. Another suspect was later arrested and told police that
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1. The purpose of this memorandum is to outline the important aspects of the case‚ Mathews v. Eldridge‚ and write a case brief using the FIRAC method. 2. FACTS: Eldridge was first awarded benefits in June 1968. He received a questionnaire in March 1972 from the state agency charged with monitoring his medical condition. He said his condition had not improved in the questionnaire and documented treatments he received and physicians who treated him. After the agency processed his paperwork‚ they determined
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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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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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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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Search and Seizure Portfolio In his article Florida v. Harris: Turning Police Dogs into Search Warrants on a Leash‚ John Whitehead questions the intentions of both police officers and Supreme Court judges‚ who seem to be condoning and ruling in favor of unconstitutional searches of American citizens. The criteria for what qualifies as probable cause has now been left up to the judgement of an officer. With variance in why a search should be conducted‚ Americans are left in the dark when it comes
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Helvering v. Gregory Summary Issue Commissioner Helvering of the Internal Revenue‚ the plaintiff‚ petitioned the United States Court of Appeals to review the decision of the Board of Tax Appeals to remove the tax deficiency associated with a transaction affecting the income taxes of the defendant‚ Evelyn Gregory. Facts The Taxpayer‚ Evelyn Gregory‚ owned all the shares in United Mortgage Company. United Mortgage owned shares in Monitor Securities Corporation. The taxpayer created Averill
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Prince v. Cariou Brief A. Statement of the Case Plaintiff Patrick Cariou sought summary judgement on the issue of liability of copyright infringement. Defendants Richard Prince‚ Gagosian Gallter‚ Inc.‚ and Lawurence Gagosian sought a determination that their use of Plaintiff’s copyrighted photographs was a “fair use” under the relevant section of the Copyright Act‚ 17 U.S.C. §§ 107 (1)-(4)‚ and that the Plaintiff’s claim for conspiracy to violate his rights under the Copyright Act
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Cassie versus Kelsang Cassie: "I was also told directly that...our normal ’2015 Summer Camp’ and normal ’2016 winter camp’ will be impossible to arrange this year...TNSA began to block the activities of the program." Kelsang: " I told her‚ Kalachakra Initiation and Tibetan New Year coincide with the said camps. Players may want to take parts the events and spend time with their families. I didn’t block them from playing. Evidence is‚ their first ever match was played as an exhibition match during
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