unintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt‚ and the medical testimony seems to have been agreed that this touch or kick was
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bonuses. The appellant admits that the threshold for reviewing a jury’s award is set very high‚ requiring that the verdict is so inordinately high that it must be a wholly erroneous estimate of damages. Relying on the cases of Howes v. Crosby [1984] O.J. No.3127 (C.A.) and Snushall v. Fulsang [2005] O.J. No. 4069(C.A.)‚ the appellants defined “inordinate “as too high or too low by 50%. Legal issue: Was the jury’s award for damages of $40‚000 patently excessive and out of proportion
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Allen v. Dalk CITATION: Supreme Court of Florida No. SC01-2 (2002) PARTIES: Allen (Niece) v. Dalk (Half-sister) FACTS: Ms. Dalk‚ disputed the validity of a will claimed to be that of her half-sister‚ the decedent‚ McPeak. Decedent signed four originals of a living will‚ three originals of durable power of attorney‚ but failed to sign her will. PRIOR PROCEEDINGS: The lower courts determined that the will was invalid. ISSUE: Whether the will of the decedent McPeak was properly executed
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Emily Head CRJU 314 Koppersmith v. Alabama 742 So. 2d 206 (Ala. 1999) Concurrences: Judge Long‚ Judge McMillan‚ and Judge Fry Dissents: N/A Facts: Koppersmith and his wife Cindy were fighting in their front yard when Cindy tried to go inside. As she tried to enter the house Koppersmith stopped her and a physical dispute ensued. Cindy fell off the porch and into the yard. She died from a skull fractures to the back of her head. In Koppersmith’s statement he told police that him and Cindy
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HELMER et al. v. RUMARSON TECHNOLOGIES‚ INC. (two cases) Court of Appeals of Georgia‚ 2000. 245 Ga. App. 598‚ 538 S.E.2d 504 FACTS Rumarson Technologies‚ Inc. (RTI) sued Robert and Percy Helmer to collect from them personally $24‚965 owed to it by Event Marketing‚ Inc. (EMI) when EMI’s check to pay RTI bounced. Robert and Percy Helmer were authorized signatories on EMI’s corporate account‚ and they signed the check. RTI argued that as signatories they could be held personally liable. The lower
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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Moore v. Midwest Distribution‚ Inc.‚ 76 Ark. App. 397‚ 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution‚ Inc.)‚ who is in the business of setting up cigarette product displays‚ contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment‚ appellant signed an employment contract‚ a “Service work for Hire Agreement” with appellee that contained a non-compete agreement – in which appellant agreed that for one year following the
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MARYLAND v. GARRISON 480 U.S. 79 (1987) FACTS: The Baltimore City Police department obtained a warrant to search the home of Lawrence McWebb located “third floor of 2036 Park Avenue” for controlled substances and related paraphernalia. The police believed that there was only one apartment on the third floor‚ which in fact there were actually 2; one belonging to Garrison (defendant) and McWebb‚ the person listed on the warrant. Upon entering and searching the apartment‚ officers found drugs and
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S.H.A.R.K. v. Metro Parks Serving Summit County United States Court of Appeals‚ Ninth Judicial District 499 F3d 553 (2009) MOORE‚ Presiding Judge Rule of Law: The Privacy Protection Act (PPA) and the First Amendment rights were brought into question by the Plaintiffs. The judges ruled out the violation of the First Amendment rights and focused on the Privacy Protection Act as the main claimed offense. FACTS: Steve Hindi is the founder of S.H.A.R.K‚ a non-profit corporation that exposes
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Salinas V. Texas 570 U.S. 1 (2013) Facts: Two brothers were shot and killed in their home. Police recovered shotgun shells that led them to investigate the petitioner. The petitioner handed over his gun and agreed to go to the police station for questioning. The petitioner answered all of the questions the police had‚ but when it came to the question about the shells matching the petitioner’s gun he went silent. So the police asked a few more questions to which the petitioner answered.
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