The People of the State of New York V. Donald L. McCray Nature of the Case: Appeal upon a verdict convicting defendant of the crimes of assault on a police officer and criminal use of a firearm in the 2nd degree. Concise Rule of Law: Mental Hygiene Law § 9.41 which permits persons who appear to be mentally ill and acting in a manner that threatens safety of self or others to be taken into custody. The Penal Law § 120.08 imposes strict liability with respect to the serious injury aspect
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Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
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Name of Case in Proper Legal Citation Format Jones v. Star Credit Corp 59 Misc.2d 189 (1969) Who is/are the plaintiff(s) (i.e. consumer‚ company‚ employee‚ government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiffs who are welfare recipients agreed to purchase a freezer for $900‚ and purchase price came out to be $1234.80 with all the other added taxes. So far the plaintiffs have paid $619.88‚ however the freezer is only worth about $300. What legal question
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McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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Case Brief LAW/531 October 26‚ 2011 Facts In the case Zehmer v. Lucy‚ Zehmer created an agreement that Lucy would sell his farm for 50‚000 dollars. While at the bar drinking Zehmer had his wife sign the contract. Lucy tried to close the deal with a five dollar deposit and Zehmer refused it stating the contract was a joke. Lucy is suing Zehmer for breach of contract. Issues Is the contract between Zehmer and Lucy valid
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Hudson v. Michigan‚ 547 U.S. 586 (2006) Facts- Detroit police obtained a warrant authorizing a search for drugs and firearms at the home of Booker Hudson. When police arrived to execute the warrant‚ they announced their presence but waited “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. Police discovered large quantities of drugs‚ including cocaine rocks in Hudson’s pocket and a loaded gun placed in between the cushion and armrest of a chair
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State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
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IRAC Writing Assignment‚ Chapter 3 1. Case Name‚ Citation‚ and Court Peoples Trust Company of Bergen County v. Kozuck 98 N.J. Super. 235‚ 236 A.2d 630‚ N.J. Super. Lexis 389 (1967) Superior court of New Jersey‚ Law Division 2. Key Facts A. Peoples Trust Company of Bergen County is a bank located in New Jersey. B. Saul and Elaine Kozuck‚ husband and wife‚ signed a promissory note with Peoples Trust Company. The Kozucks contend the due date was improperly filled in by the bank
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Blaustein V. Burto Brief Action: The plaintiff (Blaustein)‚ was looking to receive payment for the usage of his movie idea which resulted in the exhibition of a movie. Facts: Based on a movie idea‚ Mr. Blaustein the plaintiff‚ met with Hugh French‚ the agent for Richard Burton‚ Marting Gang‚ Mr. Burton’s Attorney‚ and Burton himself June 30th 1964. During that meeting‚ Mr. Blaustein pitched his idea to develop a movie based on Shakespeare’s play The Taming of the Shrew. He went into detailed
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i. Case Citation Goss v. Lopez‚ 419 U.S. 565 (1975) ii. Facts Public school students from Columbus‚ Ohio brought this suit. They claimed that their constitutional right to due process was violated. The students were suspended without hearing prior to their suspension. They were suspended for destroying school property but principals can only suspend up to 10 days or expel them. If suspended they must notify parents without 24 hours and give the reasons. Students may appeal to the
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