------------------------------------------------- CASE ANALYSIS REX V MCDONALD AND MCDONALD St Qd [1904] 151 ------------------------------------------------- INTRODUCTION In order for criminal liability to be placed‚ an accused must not only commit a specific act but also a breach of a duty concerned1. This concept was brought to the forefront in the case of R v McDonald and McDonald St R Qd [1904] 151. The Supreme Court of QLD2 was called to consider the case of Angus and Flora McDonald‚ appealing against
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Angela jackson Ap government 9 September 2014 Riley v. California In the case of Riley v California the defendant and petitioner David Leon Riley was arrested August 22‚ 2009‚ after a traffic stop which resulted in the finding of loaded guns in car. The officer stopped riley searched him and took hold of his phone and then searched through messages‚ contacts‚ and photos. The officer charged Riley with an unrelated shooting that had taken place
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Business Law Kikuchi‚ Nikka Lei N. October 14‚ 2014 Cuadra v. Monfort Case Digest Statement of the facts: I. Maria Teresa Cuadra and Maria Teresa Monfort were classmates in Grade Six at the Mabini Elementary School in Bacolod City. On July 9‚ 1962 their teacher assigned them‚ together with three other classmates‚ to weed the grass in the school premises. While thus engaged Maria Teresa Monfort found a plastic headband‚ an ornamental object commonly worn by young girls
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1. When is hearsay evidence admissible in court? Answer: The hearsay rule prohibits statements made outside of court to be offered as proof‚ in admitting evidence. However there are exceptions to the hearsay rule‚ which includes statements made in 1) excitement utterance‚ this is defined as statements made while the declarant was under stress of excitement which caused it. 2) Present impression‚ statements made during or right after the declarant perceived it. 3) There are various records rules;
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Trial Court Decision The trial court for this case granted a temporary injunction on the same day the plaintiffs placed the petition. However‚ the defendant did not comply with the court orders on temporary injunction against its intended discontinuance of the commercial transportation services. Subsequently‚ on December 23‚ 1961‚ the Attorney General of the State of Nebraska moved to court to obtain an order directing that a citation be issued against the defendant to explain why proceedings should
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State v. Evans‚ 671 N.W. 2d 720 (Iowa‚ 2003) In the late 1990’s Rebecca Arnold was attending Scott County Community College for nursing. While attending college Arnold encountered Hubert Evans‚ a published photographer with a foot fetish. It was during this random interaction that Evans asked Arnold to photograph her feet‚ Arnold declined. Evans had even told Arnold that he helped other women‚ whose pictures he had taken become “big models”. At some point in 1998‚ Evans obtained Arnold’s telephone
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1. The decision in Williams v Roffey moved away from the actual technicalities of finding traditional consideration‚ to actually looking at the factual benefit which a promisor may gain. In this sense it was stated that the duty to perform an existing contract could be good consideration so long as some kind of benefit went to the promisor‚ whereas previous to this performance of an existing contract was in fact no consideration‚ (as stated in Stilk v Myrick). This decision developed the doctrine
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found. Issue: Barry Jewell was convicted of burglary with a deadly weapon resulting in serious bodily injury‚ a class A felony. Also‚ Battery resulting in serious bodily injury‚ a class C felony. Rule: The court used the case‚ Ellyson V. State‚ 603 N.E.2d 1369‚ 1373 (Ind. Ct.App.1992) In that case‚ Ellyson was charged with burglary because he broke into the house where him and his estranged wife lived with the intent to rape her. He was still charged with burglary even though he had the right to possession
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Marbury v. Madison On President John Adam’s last day in office‚ March 4 he appointed forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia as an attempt by the federalists to take control of the judiciary before Thomas Jefferson took office. The commissions were signed and sealed by President Adams‚ but they were not delivered before the expiration of Adams’s presidency. Jefferson‚ the president succeeding Adams‚ refused to uphold the new judicial
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Name and year of the case: Parent v. Trenton School Department‚ 1999 Issues: In this scenario a student maintained residence in the town of Trenton‚ a community that does not have a high school. Students from this area are able to enrolled in Ellsworth or MDI high schools‚ however‚ due to behavioral issues the student was placed in a more restrictive environment in Bangor (Parent v. Trenton‚ 1999‚ p.2). During the spring of the 1998-1999 academic year the student returned home without “notifying
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