In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff‚ a police officer‚ suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the Commissioner
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Pace University Michael Khoo LAW 101 Gonzales v. Raich(545 U.S. 1 (U.S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective treatment was the use of Marijuana which was recommended by the doctors. In 1996‚ a California statue‚ under the name of The Compassionate Use Act‚ was established to legally allow marijuana to be used only for medicinal purposes. Monson cultivated her own Marijuana for her
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Jon Dunlap 3/8/12 Odysseus v Telemachus Period 2 “Maturity has more to do with what types of experiences you’ve had‚ and what you’ve learned from them‚ and less to do with how many birthdays you’ve celebrated.” – Anonymous (Thinkexist.com). Maturity is a key theme during the journeys of Telemachus and Odysseus. In Homer’s Odyssey the journeys of Telemachus and Odysseus have many similarities and differences such as their common goal and the lessons they learn; and only by overcoming
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preserving immigration benefits for victims of terrorism. Section 411‚ for instance‚ details the definitions linked to terrorism‚ and “adds to the terrorism-related grounds upon which an alien may be denied admission into the United States”. Title V is related to the capture and prosecution of terrorists. It authorizes the Attorney General (§501) and Secretary of State (§502) to pay rewards to combat terrorism. Title VI provides assistance‚ compensation and financial aid to victims of terrorism
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Cruzan v. Missouri The right to die This case is Appellate. Twenty-five years old‚ Nancy Cruzan‚ was in an automobile accident on January 11‚ 1983. She was driving an old car‚ which lacked seat belts. Massive injuries resulted in her falling into an unconscious state‚ unresponsive to outside stimulation. Doctors estimated that Nancy’s brain had been without oxygen for at least fourteen minutes before she was found. A person who goes without oxygen for more than six minutes suffers brain
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People v. Sisuphan 181 Cal.app.4th 800 (2010) Facts & Procedural Posture Appellant Lou Surivan Sisuphan took $22‚600 in cash and $7‚275.51 from (Toyota Marin [the dealership] defendant) his employer’s safe on July 3‚ 2007. He did this in hopes that a coworker would be held responsible for the disappearance of the money and would be terminated. Sisuphan was convicted of embezzlement on April 15‚ 2008. In June 2008 he appeals from the judgment of conviction‚ contending that the trial court made
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Does Farmer have any claim(s) for damages against Pilot based on intentional tort? Discuss. Rule of Law : The essential requirements of intentional torts are the elements of intent‚ injury‚ damages and causation. The concept of ’intention’ does not require that Defendant (D) know that his/her act will cause harm to the Plaintiff (P)‚ but must know with substantial certainty that their act will result in certain outcomes (landing of the plane on the P’s land). To successfully make a claim against
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Criminal Justice 1 Case Review October 16‚ 2013 Terry Brice Horton v. California Argued February 21‚ 1990 496 U.S. 128‚ 110 S. Ct. 2301‚ 110 L. Ed. 2d 112 (1990) The defendant’s armed robbery conviction was upheld by the California Supreme Court‚ the defendant then petitioned the writ of certiorari‚ which is a decision by the Supreme Court to hear an appeal from a lower court. Justice Stevens then held that “Fourth Amendment does not prohibit warrantless seizure of evidence of crime
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Case 49-3 James V. Taylor Court of Appeals of Arkansas‚ Division III‚ 1998 62 Ark. App. 130‚ 969 S.W.2d 672 FACTS: Eula Mae Redmon conveyed certain real estate to her children‚ W. C. Sewell‚ Billy Sewell‚ and Melba Taylor‚ by means of a January 1993 deed. The deed recited that the property was conveyed to the three grantees "jointly and severally‚ and unto their heirs‚ assigns‚ and successors forever‚" subject to a life estate retained by Mrs. Redmon. W. C. Sewell died in November 1993. Billy
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Notes on Ceballos v Garcetti Richard Ceballos had been employed since 1989 as a deputy district attorney for the Los Angeles County District Attorney’s Office‚ which at the time was headed by Gil Garcetti. After the defense attorney in a pending criminal case contacted Ceballos about his motion to challenge a critical search warrant based on inaccuracies in the supporting affidavit‚ Ceballos conducted his own investigation and determined that the affidavit contained serious misrepresentations. Ceballos
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