that his termination was a combination of legitimate reasons for example reducing costs with illegitimate reasons incapacity under a mixed motives theory. Question 3: Falstaff does not meet the requirements to make the claim. According to Grindle v. Watkins‚ courts use the McDonnell Douglas test to evaluate an ADA claim.
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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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Sheppard v. Maxwell‚ was a United States Supreme Court case that examined the rights of freedom of the press as outlined in the 1st Amendment when weighed against a defendant’s right to a fair trial as required by the 6th Amendment. In particular‚ the court sought to determine whether or not the defendant was denied fair trial for the second-degree murder of his wife‚ of which he was convicted‚ because of the trial judge’s failure to protect Sheppard sufficiently from the massive‚ pervasive‚ and
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Tatro v. University of Minnesota (2012) involved free speech and human cadavers‚ two topics that naturally incite curiosity. The Mortuary Science Program at the University of Minnesota is a Bachelor of Science program for upperclass undergraduate students. The program’s mission is to prepare students to become licensed funeral directors and morticians. The anatomy course of Mortuary Science Program relies on the generosity of individuals who choose to donate their bodies to science after they have
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Week 2 Case Summary For reference file # 8402 date issued January 17‚ 2013 Indexed as MacDonald v. Najafi and another (No.2) 2013 BCHRT 13 Facts The case I picked was heard on June 18 to19‚ 2012 in front of Murray Geiger Adams who is a member of the tribunal. The claimant is Ms. Macdonald‚ who is a university grad that moved to Vancouver from Calgary. The respondents are Mr. Najafi and his company Sign-A-Rama based in Vancouver. Mr. Najafi’s has adult children and is in his 60’s lived
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The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society‚ freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people‚ it is no surprise that the decision had to be ultimately made by the Supreme Court of the United
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The Furman v. Georgia decision of the Supreme Court was the first time in history where a higher court had ruled against capital punishment. However‚ the Supreme Court later suggested new legislation that overturned the ruling that capital punishment was cruel and unusual (Bohm‚ 1997). Opponents for the death penalty were elated. Executions such as drownings‚ crucifixions and burning at the stake were carried out for things such as marrying those of Jewish accent‚ non-confession by criminals and
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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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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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