IN THE COURT OF APPEAL CRIMINAL DIVISION ON APPEAL FROM THE CROWN COURT BETWEEN: BILLY Appellant -and- R Respondent __________________________________________ APPELLANT’S SKELETON ARGUMENT __________________________________________
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due to an existing standard of racial oppression. One of the difficulties regarding the Plessy vs. Ferguson case was the fact that southern whites were still not willing to view African Americans as equals because it threatened their belief
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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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1.) The legal issue in R V Brown case that the house of lord had to determine was "Is consent a defence to an assault causing grievous bodily harm" This is a case of sado-masochism where the group of men were engaged in act of violence against each other particularly on their genital parts‚ by branding or genital torture for sexual pleasure. The victims in each case consented to this ritual (activity) and didn’t suffer any permanent injury. Each of the defendants faced assault ABH charges and unlawful
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The Zykan v. Warsaw Community School Corporation and Warsaw School Board of Trustees was a case regarding the limiting and prohibition of textbooks‚ removing books from the library and deleting courses from the curriculum. The case was disregarded by the district court‚ and was brought to the Court of Appeals for the Seventh Circuit. Ultimately‚ the court ruled that the school had a right to establish whatever curriculum that it wanted‚ but it was not allowed to restrict learning. The student’s right
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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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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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gruesome crime is completely natural‚ but it is something that we must do. It is hard to believe that someone sound of mind could murder‚ dismember‚ and hide the corpse of a loved man- but this is exactly what has happened in the case of Missouri v. Smith. In summary‚ here is the case: Mr. Johnson has been murdered by Mr. Smith. The murder was premeditated‚ meaning Smith planned it. The motivation‚ Smith says‚ is that Johnson had an "evil eye" which caused the Smith stress and agony. Therefore‚ Smith decided
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The courts enforce a liquidated damages clause even if the final result of a case seem to be not fair for any of the parties. This is because of the set out they have agreed on in a contract. However‚ the courts will not enforce a bargain that leads to a penalty. The liability of proving that a clause is a penalty is dependent on the person trying to deny the liquidated damages application. Therefore‚ there are indicators and teste for a penalty in law. The test for penalty is known as the Dunlop
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