Assessment Briefing Papers By Amy L Walker BBA 3210 13M 1B15 S2 Business Law Columbia Southern University Dr. George Ackerman Briefing Paper 1: Critical Legal Thinking A state doctrine is “a doctrine which states that judges of one country cannot question the validity of an act committed by another country within that other country’s borders. It is based on the principle that a country has absolute authority over what transpires within its own territory” (Cheeseman‚ 2013). In the case of Glen
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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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CLAW1001: Commercial Transactions A Case Analysis Hollis v Vabu Pty Ltd [2001] HCA 44 Submitted by: Sindhuja Shankar SID: 305 127 950 3/10/2007 Table of Contents Introduction 3 Case Summary 3 Facts 3 Issues 3 Ratio 3 Decision 4 Critical Analysis 4 Commercial Implications 5 Legal Implications 6 Conclusion 6 Bibliography 7 Appendix † Research Plan 8 Introduction The case Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously
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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 to the case‚ she
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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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The main focus point and argument regarding both the Stanford v. Kentucky and Roper v. Simmons case rely mainly on the eight amendment. Throughout both cases‚ the eighth amendment played a key factor in determining the court’s decision‚ regarding whether or not Simmons or Stanford would be facing the death penalty. Both “The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.” The eighth amendment states
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Introduction There is no section or legal principle can state the definition for consideration in a contractual element clearly before the case of Currie v Misa in 1875. The case of Currie v Misa (1875) All ER 686has play an important role in consideration. In the year of 1875‚ there was a company named Lizardi & Co sold four bills of exchanges to Misa. However‚ Lizardi & Co. was a debtor to a bank firm which owned by Mr. Currie and the company was being pressed for the payment. Then‚ Misa knew that
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while fleeing. Regardless of which of the two are true‚ Furman was found guilty of murder and was eligible for the death penalty under the-extant state law. The Furman v. Georgia case took place on January 17th of 1971. Two other death penalty cases were decided along with Furman; Jackson v. Georgia and Branch v. Texas. These cases concern the constitutionality of the death sentence for rape and murder convictions. During the trial‚ Furman claimed
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of the Fourteenth Amendment. The court decided to put the case on trial; it related back to the Betts v. Brady case of 1942. Unlike Betts v. Brady’s 6-3 ruling in which Betts had lost‚ Gideon won the case with an astounding 9-0 majority. The main issue of the case centers on proper representation of the defendant. In order for the reader to fully understand the scope of the case‚ he or she needs to consider Betts v. Brady. 1Gideon’s case originally started in the lower courts. 2He went to the 13th
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CRIMINOLOGY: R. v. Grant We can apply different theories of criminology at any time in our everyday lives as police officers. Criminology is an interdisciplinary profession built around the scientific study of crime and criminal behaviour‚ including their forms‚ causes‚ legal aspects‚ and control. In the fallowing‚ I will identify a few theories that are the essential reasoning behind the criminal in this case. The case history of R. v. Grant is that‚ Grant‚ an eighteen year old at the time
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