Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
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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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Vian v. Carey Case Brief: Facts: Defendant Mariah Carey is a famous‚ successful‚ and wealth entertainer. Plaintiff Joseph Vian who used to be Carey stepfather is suing her. Vian claimed to have orally agreed with Carey to market singing dolls in her likeness. History: A motion of summary was given after the U.S. District court of New York saw the case. Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract Holding: Under the law of New York
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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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1. Citation: United States v. Conti‚ E.D.S.C.‚ Western Division‚ No.5:11-CV-470-F (2012) 2. Facts: In 2011‚ the North Carolina General Assembly passed House Bill 289‚ which approved the DMV to issue speciality license plates. One of these license plates was inscripted with the message “Choose Life.” The Plaintiffs‚ headed by the American Civil Liberties Union of North Carolina‚ and the Defendants‚ Eugene Conti and Michael Robertson‚ who held State positions directly pertaining to transportation
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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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1. Mapp v. Ohio‚ 170 Ohio St. 427‚ 166 N. E. 2d 387‚ reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said‚ “even if the search were made without authority‚ otherwise unreasonably‚ it is not prevented
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Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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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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Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court‚ in which justice Rehnquist‚ CJ‚ joined and White‚ Blackmun‚ O’ Conner‚ Kennedy‚ and Souter‚ JJ‚ joined. Stevens‚ filed a dissenting opinion‚ in which Marshall‚ J.‚ joined Procedural History: California v Hodari first proceeding were through the juvenile courts. Hodari tried to suppress the evidence relating
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