In the case of Smith v. United States‚ the plaintiff‚ John Angus Smith‚ was convicted of engaging in drug-trafficking‚ which would have granted him a five year sentence had he not “used” a firearm in regards to the incident. As stated in statute 924(c)(1)‚ the use of firearm in relations to a drug-trafficking crime enhanced the sentence‚ and turned it into a 30-year sentence. The argument at hand is whether the term “use” was to be taken from a broad dictionary definition or in the ordinary meaning
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Case Name: Kentucky v. King‚ 563 U.S. (2011) Facts: In Lexington‚ Kentucky‚ police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent
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regards to capital gains exemptions and reliefs that can be attributed to the sale of the property. Jack is also seeking advice in reference to offsetting his losses from his cattle farming enterprise against other assessable income that he earned in the 2010/2011 financial year. The issue of capital gains exemptions and reliefs available can be covered under Division 152 of the Income Tax Assessment Act 1997 (Cth) (furthermore referred to as ITAA97) which allows exemptions to small businesses
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In our history as a Nation‚ we have had some conflicts that have arisen when this occurs and it can be difficult to define what it means to have religious freedom. It should not come as a surprise to us that this may be a conflict in our future. Religion is an asset in our human lives that has directed us toward morality from the beginning of humanity as religions have grown in diversity. There is no category to which it belongs; therefore‚ it is difficult to face this problem head on when there
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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STATE v. PRANKCUS Facts: Judd approached the defendant in an attempt to calm him. The defendant then punched Judd in the face. A brief fight ensured between Judd and the defendant during which a shelf with ceramic mugs fell on the floor and shattered. Doucette‚ Anderson and Potkaj attempted to break up the fight. Anderson and Potkaj grabbed Judd by his arms to restrain him while Doucette came up behind the defendant and wrapped his arms around him to stop the fight. The defendant broke free from
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In Morrison v. Olsen‚ the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had
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Case Review of Business Tort Krista Lee Methodist University In the appeal case of Smith v. Stewart‚ author Haywood Smith‚ Smith’s publisher‚ and secondary publishers contend that the court erred in denying a summary judgment for the claims of defamation‚ false light invasion of privacy‚ negligent infliction of emotional distress‚ intentional infliction of emotional distress and public disclosure of private facts. These charges were brought against Smith by longtime friend‚ Vicki
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CASE NAME: Miranda v. Arizona‚ 384 U.S. 436 (1966) FACTS: The cases of Mr. Miranda‚ Mr. Vignera‚ Mr. Stewart and Mr. Westover had similar cases‚ regarding the admissibility of their confessions. These cases were then addressed together by the Supreme Court of the United States. Mr. Miranda was identified by a witness and arrested‚ but was not notified of his rights‚ although he singed a written confession after several hours of interrogation that stated that he was aware of the rights he was not
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LAW 3112 CASE REVIEW CASE: PAYNE v. CAVE 1789 SUBMITTED TO: Dr. Siti Salwani Razali SUBMITTED BY Abdullah Md Mohabbat 1112221 Abdul Wasey Faheem 1119949 (Section : 3) FACTS OF THE CASE The defendant had made the highest bid in an auction. The defendant had withdrawn his offer before the auctioneer had knocked his hammer. The plaintiff’s counsel opened the case with as: the goods were put up in one lot at an auction. There were several bidders of which the defendant
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