McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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Hudson v. Michigan‚ 547 U.S. 586 (2006) Facts- Detroit police obtained a warrant authorizing a search for drugs and firearms at the home of Booker Hudson. When police arrived to execute the warrant‚ they announced their presence but waited “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. Police discovered large quantities of drugs‚ including cocaine rocks in Hudson’s pocket and a loaded gun placed in between the cushion and armrest of a chair
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Advanced Legal Writing June 2‚ 2014 Gonzalez ex rel. v. Reno‚ 86 F. Supp. 2d 1167 (SD. Fla. 2000) Facts: The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25‚ 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to the United States.
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State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
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IRAC Writing Assignment‚ Chapter 3 1. Case Name‚ Citation‚ and Court Peoples Trust Company of Bergen County v. Kozuck 98 N.J. Super. 235‚ 236 A.2d 630‚ N.J. Super. Lexis 389 (1967) Superior court of New Jersey‚ Law Division 2. Key Facts A. Peoples Trust Company of Bergen County is a bank located in New Jersey. B. Saul and Elaine Kozuck‚ husband and wife‚ signed a promissory note with Peoples Trust Company. The Kozucks contend the due date was improperly filled in by the bank
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Blaustein V. Burto Brief Action: The plaintiff (Blaustein)‚ was looking to receive payment for the usage of his movie idea which resulted in the exhibition of a movie. Facts: Based on a movie idea‚ Mr. Blaustein the plaintiff‚ met with Hugh French‚ the agent for Richard Burton‚ Marting Gang‚ Mr. Burton’s Attorney‚ and Burton himself June 30th 1964. During that meeting‚ Mr. Blaustein pitched his idea to develop a movie based on Shakespeare’s play The Taming of the Shrew. He went into detailed
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Case Brief LAW/531 October 26‚ 2011 Facts In the case Zehmer v. Lucy‚ Zehmer created an agreement that Lucy would sell his farm for 50‚000 dollars. While at the bar drinking Zehmer had his wife sign the contract. Lucy tried to close the deal with a five dollar deposit and Zehmer refused it stating the contract was a joke. Lucy is suing Zehmer for breach of contract. Issues Is the contract between Zehmer and Lucy valid
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CASE BRIEF Case: State of Missouri v. David R. Bullock‚ 03CR679889.MO‚ [www.courts.mo.gov/casenet] Facts: At the time of the filing of his appeal‚ Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation
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Moore v. Midwest Distribution‚ Inc.‚ 76 Ark. App. 397‚ 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution‚ Inc.)‚ who is in the business of setting up cigarette product displays‚ contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment‚ appellant signed an employment contract‚ a “Service work for Hire Agreement” with appellee that contained a non-compete agreement – in which appellant agreed that for one year following the
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negligence claim with this case failed on the reason that the Touche(defendant) owed no duty of care to Ultramares (plaintiff) because Ultramares was not a primary beneficiary of Touche’s professional audit. The court found that Touche was guilty of ordinary negligence but not fraud. Over the years the rule of Ultramares has been expanded in some cases to the point that the gross negligence noted in Ultramares case has been eliminated. Ultramares Corp. v Touche is the leading case regarding the application
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