McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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Andrews v. Law Society of British Columbia‚ [1989] 1 S.C.R. 143 Facts: The respondent Andrews‚ a British subject permanently resident in Canada. Andrews met all the requirements for the admission to the British Columbia Bar except for Canadian Citizenship‚ section 42(a) of Barrister and Solicitors Act. He commenced legal action for a declaration that the requirement violated section 15(1) Of the Canadian charter of rights and freedoms; this was dismissed at the trial but allowed on the appeal
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1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson‚ Miller & Ross‚ 2015). Thus‚ Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover‚ Schroeder can sue on no complete disclosure on Lucy’s debt or assets‚ and fraud since Lucy did not keep her promise to buy
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Brief of McCart v H&R Block‚ Inc. Case Name‚ Citation‚ and Court Robert McCart and June McCart‚ v. H &R Block. Inc. 470 N.E.2d 756; 1984 Ind. App. LEXIS 3039 Court of Appeals of Indiana‚ Third District Key Facts Mr. McCart opened a tax preparation business and executed a contract with Block to be a district manager‚ which precluded him from operating a tax business in the same city. McCart then issued the city franchise to his wife. Years later‚ the wife signed a new franchise agreement
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Tinker v. Des Moines Independent Community School District et al‚ 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker‚ Mary Beth Tinker‚ and Christopher Eckhardt‚ high school students in Des Moines‚ Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to
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Title: Mapp v. Ohio Legal Citation: 367 U.S. 643‚ 81 S.Ct. 1680‚ 6 L.ED.2d. 1081 (1961( Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio. Statement of key Issues: 1) was the search of Mapps home a violation of the fourth amendment? 2) Was the evidence used against Mapps in court illegal? Facts: On May 23‚ 1957‚ three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone
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THABO MELI v R Fact of the case : The defendants had taken their intended victim to a hut and plied him with drink so that he became intoxicated. They then hit the victim around the head‚ intending to kill him. In fact the defendants only succeeded in knocking him unconscious‚ but believing the victim to be dead‚ they threw his body over a cliff. The victim survived but died of exposure some time later. The defendants were convicted of murder‚ and appealed to the Privy Council on the ground that
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I. Summary The V-22 Osprey is an aircraft that is currently used in the military. Its unique design of a tilt rotor system has proven to be useful in different mission in the military. However‚ the Congressional Research Service (2009) in their study has said that this helicopter has multiple aerodynamic issues. During the service of this aircraft demonstrated mechanical issues that affected the elements of aerodynamic flight and emergencies situations that caused the V-22 program in constant upgrades
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for trespass to her bedroom and communal areas: Cowell v Rosehill Racecourse (1937) 56 CLR 605 ENTERING BEDROOM‚ PLACING PLANTS ON FLOOR Presumably‚ Donald intended (Nickells v Melbourne Corporation (1938) 59 CLR 219) the direct interferences (Southport Corp v Esso Petroleum Co Ltd [1954] 2 QB 182 (‘Southport’)) of entering Alexis’s bedroom and placing plants on the floor. Donald interfered by entering Alexis’s room without authority (Plenty v Dillon (1991) 171 CLR 635 (‘Plenty’)) as Alexis revoked
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Lopez V. Orosa‚ Jr. and Plaza Theatre Inc. G.R. No. L-10817-18 Facts: Enrique Lopez‚ doing business under the trade name of Lopez-Castillo Sawmill‚ was invited by Vicente Orosa‚ Jr. to make an investment in the theatre business namely Plaza Theatre Inc. Lopez expressed his unwillingness to invest‚ however agreed to supply lumber necessary for the construction of the theatre with the assurance that Orosa would be personally liable for any account that the said construction might incur. Lopez was
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