Opinion on the Moseley v. V Secret Catalogue Case As the opinion delivered by Justice Stevens‚ the U.S. Supreme Court intended to answer the significant question in Moseley v. V Secret Catalogue‚ Inc. (Mosley case) that “whether objective proof of actual injury to the economic value of a famous mark is a requisite for relief under the 1996 Federal Trademark Dilution Act (FTDA)”. 1 Contrary to lower courts’ holdings‚ the Supreme Court stated in a unanimous decision that it is not enough to claim
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Week Four Learning Team Case Analysis LAW531 Faragher v. City of Boca Raton (1998) In the case Faragher v. City of Boca Raton (1998) the Supreme Court made it clear employers are subject to liability for unlawful harassment by supervisors. The Court determined that an employer is always liable for a supervisor ’s harassment if it is related to an employment action. The employer can avoid liability by exercising reasonable care to prevent and correct any harassing behavior and if the employee
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Citation: Powell V U.S. No. 405‚ Supreme Court of the United States‚ 1968‚ 392 U.S. 514‚ 88 S. Ct. 2145 L. Ed 2d 1254‚ 1968 U.S. 1140. Facts: Leroy Powell was arrested December‚ 1966 for public intoxication‚ which is in violation of Texas state law. Powell was found guilty and fined. He appealed and at trial Powell argued that he was not at fault for his behavior due to chronic alcoholism‚ which is a disease. He further argued that punishing him for his behavior was cruel and unusual behavior‚ a
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Running head: Terry v. Ohio‚ 392 U.S. 1 Case Brief of Terry v. Ohio 392 U.S. 1 October 4‚ 2014 Facts At approximately 2:30 in the afternoon‚ while patrolling a downtown beat in plain clothes‚ Detective McFadden observed two men (later identified as Terry and Chilton) standing on a street corner. The two men walked back and forth an identical route a total of 24 times‚ pausing to stare inside a store window. After the completion of walking the route‚ the two men would
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Case 1 Case 2 Case 3 Court and Year Full High Court 2007 District Court of Queensland 2010 New South Wales Court of Appeal 2011 Relevant Facts Home purchased at $250000 with mortgage payment of $200000 Ms Clayton unable to keep up with payments After substantial period of default‚ banks sells sold property at auction for $150000. After deduction of sale‚ Bank seeks payment of the guarantor Ms Clayton claim guarantee not enforceable on her because of misunderstanding Ms Clayton alleges
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In the Greynolds v. Kurman case‚ I agree with the court’s decision. “There was sufficient evidence to support a finding of lack of informed consent” (Pozgar & Santucci‚ 2015‚ p. 339). When I read the case it seemed like the physicians did not put any effort in explaining the complete picture‚ including the Greynolds options‚ and letting them decide what they wanted. By law‚ “when there is doubt as to a patient’s capacity to consent‚ the consent of the legal guardian or next of kin should be obtained”
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of Right to Counsel In the 16th and 17th century‚ the law did not allow or provide for the use of attorneys in any court case‚ except for treason cases. It wasn’t until the 18th century in which the defendants were allowed to have an attorney. The constitution allowed for the use of attorneys‚ but most defendants represented themselves‚ while
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The March for Life Protest In 1973‚ Jane Roe filed a court case against Henry Wade in which she accused Wade of impregnating her by sexual assault (Glazer n. pag). During the case‚ the U.S. Supreme Court first argued that the Fourteenth Amendment does not mention abortion‚ but rather it guarantees a privilege to individual freedom under due process (“Supreme Court Rules on Roe V. Wade‚ The” par. 5). The state of Texas argued that it had convincing motivations to protect the life of an unborn child
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The case Miller v. California (1973) was determined by the Supreme Court‚ which redefined the meaning of obscenity. The word obscene is hard to define and could be seen as “You will know it when you see it.” The Miller case determined if something was obscene‚ the average person‚ applying the standards must find the entire work‚ as obscene‚ the work depicts offensive sexual conduct defined by state law‚ and that the work as a whole lacks literary‚ artistic‚ political‚ or scientific value. Marvin
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ABSTRACT Mapp v. Ohio is a landmark case in criminal procedure of the USA‚ in which the US Supreme Court decided that evidence obtained by illegal search ad seizure which was against the Fourth Amendment‚ will not be used in state courts‚ as well as in federal courts. The Court in Mapp also based its decision on the necessity to protect citizens from police misconduct. This case overrules the decision in the case of Wolf v. Colorado. The Supreme Court decision in Mapp v. Ohio was quite controversial
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