disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants Patrick Gibbs and O’Malley’s Tavern claim there is no evidence to support that the bartender John Daniels saw any visual signs of intoxication from Edward Hart. This means the defendant isn’t subject to any legal wrong doing. The plaintiff Debbie White is requesting the court to deny the defendants request for summary judgment. The plaintiff claims there is evidence to show the bartender
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crime charged in the indictment. The judge refused Sneezer’s requests for instructions on abusive sexual contact and on the defense of voluntary intoxication. Sneezer was convicted of attempted sexual abuse and sentenced to a prison term of five years. The government concedes that Sneezer was intoxicated at the time of the incident. Voluntary intoxication may be a defense to a specific intent crime‚ but not a general intent crime. See United States v. Jim‚ 865 F.2d at 212; United States v. Echeverry
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Apollo and Dionysus: Gods of Art and Will In Nietzsche’s first book‚ The Birth of Tragedy‚ he introduces two principles with which he drives his discourse on the nature of art: the Apollonian dream‚ and the Dionysian intoxication. He states his purpose in writing the book‚ saying that “we will have achieved much for scientific study of aesthetics when we come‚ not merely to a logical understanding‚ but also to the certain and immediate apprehension of the fact that the further development of art
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One of these aspects is known as voluntary intoxication. According to Lisa Storm in the book “Constitutional Law” intoxication is known as a mental or physical disturbance caused by alcohol or legal/illegal drugs and the Model Penal Code recognizes intoxication as a disturbance of mental or physical capabilities resulting from the introduction of substances into the body (Storm‚ 2014‚ p. 159). Additionally‚ there are two different elements to intoxication when it comes to defense and that lies with
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6:27 PM Page 65 CHAPTER 4 Substance-Related Disorders ● BACKGROUND ASSESSMENT DATA The substance-related disorders are composed of two groups: the substance-use disorders (dependence and abuse) and the substanceinduced disorders (intoxication and withdrawal). Other substanceinduced disorders (delirium‚ dementia‚ amnesia‚ psychosis‚ mood disorder‚ anxiety disorder‚ sexual dysfunction‚ and sleep disorders) are included in the chapters with which they share symptomatology (e.g.‚ substance-induced
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Courtroom Observation Liberty University presented a case of White v. Gibbs which is about Mrs. Debbie White and Patrick Gibbs under the civil provisions of Indiana’s Dram Shop Act‚ Indiana Code 7.1-5-10-15.5. In this case Mrs. Debbie White sued Patrick Gibbs and O’Malley’s Tavern. Because White and Gibbs do not live in the same states‚ the suit was brought in diversity in the United States District Court for the Northern District of Indiana. However‚ the suit will be decided under Indiana state
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Citation: Powell V U.S. No. 405‚ Supreme Court of the United States‚ 1968‚ 392 U.S. 514‚ 88 S. Ct. 2145 L. Ed 2d 1254‚ 1968 U.S. 1140. Facts: Leroy Powell was arrested December‚ 1966 for public intoxication‚ which is in violation of Texas state law. Powell was found guilty and fined. He appealed and at trial Powell argued that he was not at fault for his behavior due to chronic alcoholism‚ which is a disease. He further argued that punishing him for his behavior was cruel and unusual behavior‚ a
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DRUG AND ALCOHOL TESTING UNDER THE MISSISSIPPI WORKERS’ COMPENSATION LAW 2005 I. Is Drug & Alcohol Testing Required? The Commissioner of Insurance shall promulgate such rules and regulations as to require each insurer to establish a safety program for the health and benefit of the employees of the insured employer. Such safety program shall include language to explain the rights of workers under the Workers’ Compensation Law. Such safety program shall require that all insured employers implement
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marijuana joint he smoked for five to seven minutes between 6:30 and 7:30 p.m. earlier on the evening in question‚4 the police officer’s testimony regarding Fleming’s visible signs of intoxication‚ and Fleming’s blood alcohol level after the accident. Holbrook opined that Fleming was in a noticeable state of intoxication that should have been obvious to the Bar’s employees when he was last served an alcoholic beverage between 2:00 and 2:30 a.m.; that at the time Fleming was last served‚ his blood
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Courtroom Observation 82A04-8876-CV-285‚ Deborah White vs. Patrick Gibbs and O ’Malley ’s Tavern Liberty University Busi 301 The case being observed here was that of Deborah White vs. Patrick Gibbs and O ’Malley ’s Tavern‚ case # 82A04-8876-CV-285. This was brought before a mock U.S. District Court panel of judges‚ in the Northern District of Indiana. The Plaintiff being Deborah White‚ and the Defendant being Patrick Gibbs and O’Malley’s Tavern. The Plaintiffs’ Attorneys are Amanda
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