1 2 CASE NOTE: AUSTRALIAN CRIME COMMISSION V STODDART1 I INTRODUCTION The High Court of Australia held in Australian Crime Commission v Stoddart (2011) that a privilege against spousal incrimination does not exist at common law. This provides that a spouse sworn in as a witness loses the right to call on the privilege to refuse to answer a question at the risk of incriminating the other spouse. This case note will outline the key issues of the case‚ analyze both the High Court majority
Premium Common law Law Crime
PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY‚ ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case‚
Premium Contract Gentlemen's agreement Consideration
official to properly fulfill their official duties or correct an abuse of discretion. (See‚ e.g. Cheney v. United States Dist. Court for D.C. (03-475) 542 U.S. 367 (2004) 334
Premium United States Constitution United States Supreme Court of the United States
ruled that a Kentucky statute and the United States First Amendment did not authorize his refusal to identify his informers. When Branzburg appealed‚ the Kentucky Court of Appeals denied his petition. This appeal was not the end of Branzburg’s case. A second case arose from a story published on January 10‚ 1971‚ and involved him describing details about the usage of drugs in Frankfort‚ Kentucky. In order for him to accurately report this story‚ he had to spend two weeks interviewing dozens of drug users
Free Supreme Court of the United States First Amendment to the United States Constitution Grand jury
ARCHER V. WARNER (01-1418) 538 U.S. 314 (2003) 283 F.3d 230‚ reversed and remanded. NATURE OF CASE Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer. The Archers sued the Warners in North Carolina state court for fraud in connection to the sale. The settlement was that the Warners would pay the Archers $300‚000. The Warners paid $200‚000 and executed a promissory note for $100‚000. The Warners failed to make payments on the promissory note and the
Premium Appeal United States Jury
Abstract In the case of White v. Gibbs‚ the plaintiff‚ Mrs. Debbie White‚ sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act‚ a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd‚ 1986). Since the two parties reside in different states‚ the case was brought to the
Premium Civil procedure Plaintiff United States
HUDGENS V NATIONAL LABOR RELATIONS BOARD FREEDOM OF EXPRESSION AND PUBLIC PROPERTY AUGUST 13‚ 2009 DIANE SACHAROFF BMGT 281 SUMMER Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right‚ but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government‚ federal or state. (Hudgens v. National Labor Relations Board‚ 424 U.S. 507 Lexis). In
Premium First Amendment to the United States Constitution United States Constitution Supreme Court of the United States
Wallace v. Jaffree How did the Three Branches of government respond to the social issues of freedom of religion based on Wallace v. Jaffree case? Name: Thao-My Bui Date: 11/4/2014 IB History of the American Word count: 1989 Table of Contents A. Plan of Investigation 3 B. Summary of evidence………………………………………………………………………………………………………………..3 C. Evaluation of Sources……………………………………………………………………………………………………………..…6 D. Analysis…………………………………………………………………………………………………………………………………
Premium United States Supreme Court of the United States Fourteenth Amendment to the United States Constitution
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
Premium Supreme Court of the United States United States Court
Safford v Redding (2009) (Student rights regarding personal searches) • Facts of the case ¬ Savana Redding‚ a thirteen-year-old at Safford Middle School‚ was accompanied to the Assistant Principal Wilson’s office to be questioned about a day planner that contained knives and other illegal items‚ including four prescription-strength‚ and one over-the-counter‚ pain relief pills. ¬ Redding told the principal that she owned the planner but she knew nothing about the medication. Mr. Wilson explained
Premium Education High school Teacher