Leng Xiong Business Law Anderson September 11‚ 2013 Case Analysis #1 Austin V. Berryman Citation: Austin V. Berryman United States Supreme Court of Appeal‚ Fourth Circuit‚ 1989. Facts: Barbra Austin is challenging the Virginia Employment Commission for unemployment compensation benefits‚ which she chose to quit her job out of religious beliefs to fallow her spouse. Issue: She is claimed to be denied of her unemployment compensation benefits because she quilted due to her religious belief
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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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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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MEMORANDUM OF LAW To: Kimberly D. Beard‚ Esq. From: Laura Gardner Re: Brandon Berry‚ State of Georgia v. Berry Date: February 27‚ 2013 QUESTIONS PRESENTED I. Can the Defendant be Charged With Cruelty to Children When the Child Was Not in the Defendant’s Care? II. Can the Defendant be Charged With Cruelty to Children When the Elements Have Not Been Met? STATEMENT OF FACTS On June 16‚ 1998 Jamie June (Jamie) completed a detox program for alcohol abuse and she then started Alcoholics
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Complete the following for each theory stated in the syllabus. Name of theory: Psychoanalytic History: The founder of psychoanalysis‚ Sigmund Freud‚ laid a sold psychological foundation for future psychoanalysts to build upon and improve. By 1900‚ Freud had conjectured that dreams had symbolic significance‚ and generally were specific to the dreamer. In 1905‚ Freud published three Essays on the Theory of Sexuality [16] in which he laid out his discovery of so-called psychosexual stages. By
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Case Brief Funk vs. United States Supreme Court of the United States 290 U.S. 371‚ 54 S. Ct. 212 (1933) Facts: Funk was tried twice and convicted both times in Federal District Court for conspiracy to violate the prohibition law. In the first appeal to the Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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ruled that Tuskegee city officials redrew the cities boundaries unconstitutionally so that the white candidates in the cities political race could win and the blacks’ votes would not count. This case laid the framework for the passage of the 1965 voters rights act which outlawed discrimination in voting. The case was named after a Tuskegee university professor Charlie A. Gomillion who was the plaintiff and the defendant was the mayor of Tuskegee Phillip M. Lightfoot. Gomillion tried to make it easier
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In school student rights can be limited. There are several court cases that cover these rights. Here are a couple of them. Unreasonable Searches & Seizures- In the New Jersey v. T.L.O. case‚ T.LO. and her friend were accused by a teacher for smoking in the bathroom. Her friend admitted to‚ but T.L.O kept denying it. The teacher brought her purse to the principal‚ and the principal demanded to see her purse. Proof that T.LO. was selling drugs was found. They took it to the police and she finally committed
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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