Justin Smith Stambovsky v. Ackley (Case Brief 3) Facts The Plaintiff purchased a house that was known to be possessed by poltergeists. Stamboysky was from New York City and not familiar with local folklore. The sellers were aware that it was haunted and actually reported it through national publication‚ Reader’s Digest‚ in 1977 and the local press in 1982. Procedural History The Plaintiff‚ Stambovsky‚ sued to have the contract canceled. The trial court ruled in favor of Ackley. Issue Can the
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the plaintiff (Roche) to prove its contention‚ the judgement of the case was based on the grounds of “public interest” To force a judgement favouring the injunction on Cipla the plaintiff (Roche) had to contend on the following grounds‚ i) That it had a prima facie case ii) That the “balance of convenience” was in its favour iii) That it would suffer “irreparable injury”‚ if CIPLA was not injuncted A prima facie case is a case where there are sufficient evidences to support (but not necessarily
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1. In the case of Hu v. Fang‚ 127 Ca.Rptr.2d 756 (2002)‚ when the court said the paralegal’s error was “imputed” on the attorney‚ it meant that the attorney was responsible for the acts or omissions of his paralegal. I relied on ABA Model Rule 5.3 – Responsibilities Regarding Nonlawyer Assistants for formulating my answer. 2. Based on the holding in the Hu v. Fang case‚ an available sanction might be that the default would not be set aside since‚ unlike the instant case‚ the error was not caught
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Tinker v. Des Moines Independent Community School Dist. 393 U.S. 503‚ 89 S.Ct. 733‚ 21 L.Ed.2d. 731 (1969). NATURE OF CASE: Petitioners‚ three public school pupils‚ in Des Moines‚ Iowa were suspended from school for violating a school board (respondents) policy of banning the wearing of armbands. The armbands represented the protest of Government policy in Vietnam. The District Court dismissed the complaint. On appeal‚ the Eight Circuit Court was equally divided‚ therefore affirmed the decision
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the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch‚ the cashier of the Baltimore branch of the Bank brought the case to the trial court which decided against him. The Maryland Court of Appeals affirmed this decision. ISSUE: Does Congress have the authority to instate a bank‚ and if so‚ does the state of Maryland
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In the story “This It What It Means To Say Phoenix‚ Arizona” by Sherman Alexie‚ there is a character named Thomas. Tomas is an Native American man with ratty old braids and broken teeth. Throughout the story Thomas helps an old friend named Victor get to a certain place to handle business by giving him money and along the way the make mends. Thomas is a generous and traditional man who has no friends nor family. Thomas is very altruistic towards Victor when he noticed that he is going through a
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limit the basic rights of all citizens. B. In the case of Engel v. Vitale‚ the Board of Regents for the State of New York approved a short‚ voluntary prayer to be recited at the start of school each day. A group of parents whose children attended the School District disagreed with this religious practice and argued that the reading of a nondenominational prayer at the start of the school day violates the "establishment of religion" clause
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Takeover Battle Verizon versus Qwest 1. What are the strengths and weaknesses of Verizon‚ MCI‚ and Qwest? Where are the synergies in the proposed combination? 2. Evaluate the two offers in Exhibit 7. What explains the two structures? In each case what is the value to MCI shareholders? 3. Merger arbitrage (or risk arbitrage) finds speculate on the completion of stock and cash mergers‚ typically buying the target and hedging the risk of the acquirer’s shares according to the exchange ratio
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Supreme Court Case 11SC382 Tate vs Colorado SUMMARY Officer Benda was driving through a apartment complex when he saw a man with his car on. Officer Benda pulled up behind him‚ blocking the man in his parking space. The man‚ William Tate‚ was asleep/passed out at the steering wheel with the car on and in park. Officer Benda reported that the man had several open or empty beer cans around him. Officer Benda then knocked on the window
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activities within their borders. This is includes territorial land boundaries and those in the sea. This authority is absolute as long as it does not go against treaties such as the United Nations Charter and the Geneva Conventions. In the ruling of the case it was affirmed that‚ “The seizure of a vessel‚ within the range of its cannon‚ by a foreign force‚ is an invasion of that territory‚ and is a hostile act which is its duty to repel.” Due to the fact that the Aurora was at least “within cannon range”
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