Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict‚ knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal‚ Blankenship‚ the chairman‚ CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close
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even though it was not a typical issue of support‚ their approach in their scope of review did not have to differ. If the parents had included a stipulation into their divorce agreement‚ as what occurred in Emrick v. Emrick ‚ the Court would likely have decided differently. In this case‚ there was no agreement but rather‚ at the time of the initial order by the trial court‚ the free will of the father to financially contribute to his son’s postsecondary
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uTorrent‚ bitTorrent‚ or StreamCast Network. In 2005‚ a Supreme Court case emerged dealing with the issue of the copyright infringement liability faced by P2P companies. The Supreme Court ruled correctly in the MGM v. Grokster case that P2P file sharing companies are liable for copyright infringement because of the uses of P2P software‚ the knowledge and intention of P2P companies‚ and how it is different from the Betamax case years earlier. P2P software has a wide variety of uses providing solutions
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decision in Jones v. Tsige in 2012‚ resulting in the creation of the tort of intrusion upon seclusion‚ the common law did not include torts that did not entail a personal or financial injury. It is essential the common law includes torts that do not entail actual injury to provide individuals the means of seeking remedies when they are wronged from the wrongdoer responsible for the action. Had the OCA not recognized the tort of intrusion upon seclusion in the case of Jones v. Tsige‚ Jones would
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Gerstein v Pugh Parties: Gerstein Petitioner‚ Pugh: Respondent Facts: Respondent was arrested on an information (charging documeLabeling Theory and the resulting effects on children in our societynt prepared by prosecutor‚ not reviewed by grand jury or judge) and held without bond at least 30 days without a determination of probable cause. History: Respondent filed a civil suit‚ with Petitioner‚ State Attorney for Dade County‚ as defendant. District Court found for Respondent and ordered probable
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Final Exam Case Brief Padilla v. Kentucky The question here is whether or not the petitioner‚ Jose Padilla‚ will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility
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On June 13th‚ 1966‚ the Supreme Court announced its 5-4 ruling in the Miranda v. Arizona case. This ruling established “Miranda Rights‚” a standard police procedure which revolves around the principle that an arresting officer must advise a criminal suspect of his or her rights before being taken into custody and interrogated. The Court’s ruling in this landmark case effectively reinforced the importance of ensuring that the accused are aware of their Fifth Amendment rights. The Fifth Amendment guarantees
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The state should interfere in family matters in other to protect every citizen own safety. In Meyer v Nebraska‚ the interdiction of teaching any foreign language bellow eighth grade meanly intend to make sure that any child feel completely part of this country legacy and ensure that English become the mother tongue language of every children raised in this state. The goal behind this prohibition is to promote civic development for all citizens. By not permitting another language to be teach before
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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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Georgia v. Randolph is a landmark case pertaining to the search of a private resident without a search warrant where one resident gives law enforcement personnel consents to conduct a search and the other member objects. This particular case involved a married couple Scott and Janet Randolph‚ who were having marriage problems. Janet decided to leave Scott taking their son with her to Canada (Wood 2007 para 1). After being gone for a little over a month she and the child returned to the same residents
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