Supreme Court ruling of Davis v. Davis‚ Justice Daughtrey created an epoche of the law when she‚ unlike previous judges‚ based her decision on the recognition of a new category more relevant to the case rather than relying on one previously established. She casts aside conventional thoughts and residual knowledge by declaring the case to present a "question of first impression" which will require the court to act through common law. Although Justice Daughtrey relates other statutes‚ cases‚ and constitutions
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Bria Payton Case Brief: United States v. Peterson‚ 483 F.2d 1222 (1973) Issue: Is self-defense available for a justifiable homicide case? Facts: The victim‚ Charles Keitt‚ drove to an alley way to obtain windshield wipers off the defendant’s car‚ Mr. Peterson. Mr. Peterson observed the victim‚ Mr. Keitt‚ doing this and confronted him with an altercation. The victim went back to his car and the defendant‚ Mr. Peterson‚ returned inside his home. The victim was about to leave‚ but because the defendant
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Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn‚ Lord Hope‚ Lord Walker‚ Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester‚ the plaintiff‚ suffered from low back pain since 1988. During 1994‚ Miss Chester was referred to Mr. Afshar‚ a neurosurgeon‚ who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure
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In the case Gonzales v. Raich‚ Angel Raich‚ which is from California‚ was charged with home-grown‚ non-commercial use of medical marijuana. Raich has inoperable brain tumor‚ seizures‚ and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up‚ California passed the Compassionate Use Act in 1996. With
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Procedural History: Plaintiff brought suit against defendant for fraud and breaches of warranty. Summary judgement granted in favor of defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a
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Supreme Court’s decision on the case of Texas v. Johnson has been a controversial one‚ as it involves the burning of our national symbol‚ the American flag. It leads to the question: Does the desecration of the American flag a way of expressing speech that is protected by the first amendment? Shouldn’t the destruction of a true American symbol be protected and preserved‚ as it is a symbol that represents our country? There is a great amount of criticism that Texas v. Johnson has been faced with; most
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C.Richmond v. Croson(1989) D.The case deals with the city Council of Richmond passing a law that made is so companies that had construction contracts with the city had to subcontract at least 30 percent of their business to a business that has minority ownership. This lead to the J.A. Croson Company losing a contract because the company does not have a minority owner. This lead to the company starting a suit against Richmond. E. Is the law passed by Richmond breaching the fourteenth amendment’s equal
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No. 07-0268 __________________________________________________________ IN THE SUPREME COURT OF THE UNITED STATES _____________ ANDREA “ANDY” SOMMERVILLE‚ Petitioners-Appellants v. WLLIAM DENOLF Respondent-Appellee ------------------------------------------------- On Writ of Certiorari to the United States Court of Appeals for the Seventeenth Circuit _____________ BRIEF FOR RESPONDENT _____________ QUESTIONS PRESENTED FOR REVIEW 1) Whether the Gun Free School Zone
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The KWETEY v. BOTCHWAY AND ANOTHER case explains the principle of “you cannot give what you do not have” which has its Latin as “Nemo dat quod non habet”. In this case‚ the bank‚ wanted to sell a boat that rightfully belonged to Kwetey and this was established by the court to be against the principle stated supra. The facts in Kwetey v Botchway are that the plaintiff had mortgaged his house to the Agricultural Development Bank (ADB) to secure a loan to replace a broken marine engine in a 40-footer
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Administration Law November 24‚ 2012 Korb v. Raytheon‚ 707 F. Supp. 63 (D. Mass) case involves an employee‚ Lawrence J. Korb and Raytheon Corporation the company. “Korb was terminated from his position as vice president for Washington operation of Raytheon Corporation because he publicly expressed opinions‚ which was a conflict of interest with the corporation’s economic concern” (http://www.loislaw.com.libdatab.strayer.edu/pns/index.htp). The case involves freedom of speech‚ information and challenges
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