In the case of Gibbons v. Ogden‚ the State of New York “…gave individuals the exclusive right to operate steamboats on waters within state jurisdiction. Laws like this one were duplicated elsewhere which led to friction as some states would require foreign (out-of-state) boats to pay substantial fees for navigation privileges‚” as retrieved from www.oyez.com. In this case‚ the New York law violated federal law by giving in-state operators the monopoly on the coasting trade. The Court’s unanimous
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Running Head: ROPER V. SIMMONS: EXPLORING THE 2005 LANDMARK DECISION Roper v. Simmons: Exploring the 2005 Landmark Decision The Case The landmark Supreme Court decision‚ Roper v. Simmons‚ started with a horrific crime in Missouri. A very disturbed seventeen year old named Christopher Simmons planned and carried out the murder of Shirley Crook. A few days prior to the murder Simmons had discussed the plan with a friend and insisted that they would get
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Alcohol fueled jealousy and soon police received a phone call about a drunken man with a gun‚ which was not the case. When police arrived and entered Lawrence’s apartment‚ they found Lawrence and Garner engaged in anal sex for what they got arrested. In order to get a better understanding about importance of this case we must look political and social climates of the time. In 1973 anti-sodomy law forbade oral and anal sex between two people of the same sex‚ but
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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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Wickard v. Filburn 312 U.S. 100 (1941) Facts The Agricultural Adjustment Act passed by Congress in 1938 allowed the secretary of agriculture to establish production limits on grains to stop wild swings in grain prices by eliminating surpluses and shortfalls. In 1940 the secretary of agriculture set the production limits for 1941. Roscoe Filburn‚ an Ohio farmer‚ planted not only his allotted amount but some other to produce wheat for home consumption. Roscoe was fined $117.11 for the excess planting
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The case of Escobedo V. Illinois set the precedent for the sixth amendment‚ which is the right to a counsel. It guaranteed that if a person is arrested then they must be informed of their legal rights‚ which gives them the right to remain silent. When Danny Escobedo was arrested in connection for the shooting of one of his relatives he received an 18-hour interrogation and was later released for not making any self-incriminating statements. Another suspect was later arrested and told police that
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1. The purpose of this memorandum is to outline the important aspects of the case‚ Mathews v. Eldridge‚ and write a case brief using the FIRAC method. 2. FACTS: Eldridge was first awarded benefits in June 1968. He received a questionnaire in March 1972 from the state agency charged with monitoring his medical condition. He said his condition had not improved in the questionnaire and documented treatments he received and physicians who treated him. After the agency processed his paperwork‚ they determined
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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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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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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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