Question 6‚ April 2006: Solution to fe1 question Bell Computers could attach liability to either Chemical Supply or Industrial Estates under the tort of Rylands v Fletcher. Chemical Supply’s Liability Rylands v Fletcher established that a person who “for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes‚ must keep it in at his peril‚ and if he does not do so ‚ is prima facie answerable for all the damage which is the natural consequence
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patents‚ utility patents and design patents. A utility patent can be claimed if the invention has purpose or useful function and a design patent protects the appearance of a product and not how the invention actually functions. In the recent Apple Inc. V. Samsung Electronincs Co. case‚ Apple sued Samsung for copying the design and functions of their Iphone 4 and IPad 2. On August 24th‚ a court in California ruled Samsung violoated Apple’s tradedress and Apple software patents . The court ordered Samsung
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Miranda v. Arizona American Government This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights‚ ‘The rights of the accused’. These rights are the main point of this court case. ‘On the third of March in 1963‚ an eighteen year old girl‚ “Lois Ann Jameson” (Sonneborn 6)‚ was leaving Paramount Theaters in downtown Phoenix’ (Sonneborn 7). Jameson would always take the bus
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“God hates you.” “You’re going to hell.” Could you imagine having to bury your child that returned to American soil‚ dead‚ after fighting a war‚ listening and seeing these kinds of statements? When burying a loved one‚ a person should not have to deal with people picketing at a private funeral. That person is in enough pain and emotional loss for having to bury a family member. This is not more of an inappropriate or inconsiderable time than ever to be causing a negative scene and displaying a strong
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but by 1965‚ in Griswold v. Connecticut‚ the Supreme Court ruled that a law preventing access to contraception in Connecticut was unconstitutional. In those few decades of the early 1900s‚ something transformed American society to become tolerant of birth control. In the 20th century‚ America became increasingly interconnected with the rest of the world‚ and this caused social movements and ideas to spread. The societal acceptance of birth control which made Griswold v. Connecticut possible was
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The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution‚ and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions. The
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Tennessee v. Garner (1985) is based on an incident that took place October 3‚ 1974. Briefly‚ the facts of the case are that a Memphis police officer‚ Elton Hymon‚ shot and killed an unarmed fifteen year old‚ Edward Garner‚ who was fleeing the scene of a home burglary at approximately 10:45 p.m.. The officer identified himself as the police and gave a command to halt. Garner stopped at the base of a chain-link fence‚ and then began to scale the fence when Hymon fired a shot‚ striking Garner in
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There has been an ongoing debate amongst generations on the subject of Nature v. Science. A good amount of people either let their religion either guide their lives‚ or even control their lives. Generally religions have similar aspects which can help understand other religions. The information done on totemism is what they experimented with and hoped to apply to other religions. The conceptions and beliefs used to be thought as the essential elements of religion‚ but in reality it is only
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Seaver Williams On March 25‚ 1931‚ on a train going through Alabama‚ a fight between nine young African Americans and seven young white men took place. Powell and his African American friends ended up throwing all but one of the white men off the train. There were also two white women on the train who claimed they were sexually assaulted. They were escorted to jail when they arrived at Scottsboro. They were put on trial on March 31 for the rape of the two white women and were found guilty and sentenced
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and liable for injuries to the plaintiff? RULES In negligence‚ a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old neighbor broke. When hammered
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