1. Caption and Procedural History Marbury v. Madison‚ Supreme Court of the United States‚ 1803 Justice Marshall wrote the majority opinion; he was joined by Paterson‚ Chase‚ and Washington. Justice Cushing and Moore did not participate. This case was originally tried in the Supreme Court of the Unites States. Marbury requested the Supreme the Court issue a writ of mandamus to compel James Madison to deliver the commissions issued by former President John Adams. 2. Facts Just before finishing
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Killgore Knight 12 February 2015 Homework Assignment #3 EEOC v Target Corporation 1) What were the legal issues in this case? What did the appeals court decide? The issue was whether there was disparate treatment based on race in the recruitment and hiring process at Target. The court also considered the issue of whether the employer’s failure to retain resumes and interview forms violated Title VII’s record retention requirements. The district court granted summary judgment to Target on both
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You be the Judge #3 Deborah Andriaccio D’Youville College Submitted in Partial Fulfillment of the Requirements of LAW 303V Judge Thomas Rebhan June 6‚ 2014 Kashin V. Kent 457 F.3d 1033‚ 2006 U.S. App. LEXIS 20496 United States Court of Appeals for The Ninth Circuit‚ 2006 Scope of employment refers to a person actively involved in an employment task at a particular time. It usually becomes an issue when an accident occurs‚ which is required to make
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U.S. v. Lopez 514 U.S. 549 (1995)‚ Vote of 5 to 4‚ Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act‚ making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez‚ Jr. was a senior at Edison High School in San Antonio‚ Texas. Acting on an anonymous
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Case Brief: TRANSAMERICA OIL CORPORATION v. LYNES‚ INC and Baker Internat’l Corporation Procedural history The plaintiff purchaser (Transamerica Oil Corporation) brought action to recover damages resulting from defendant sellers’ (Lynes‚ Inc) breach of an express warranty under Kansas Uniform Commercial Code. The U.S. District Court for the District of Kansas awarded damages to the purchaser. The sellers appealed. Facts Harold Brown‚ president of Transameria‚ saw defendants’ advertisement
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Incompatibilism v. Compatibilism There are two prevailing incompatibilist views concerning free will‚ hard Determinism or Libertarianism. The former asserts that if determinism is true‚ then free will is nonexistent and humans are essentially robots following a path determined for us from our past and natural laws. The latter denies that determinism is true and thus appears to introduce randomness as an explanation to account for free will. Compatibilists claim that free will and determinism can
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relevant to the offence and the offender.3 Hence in the context of sentencing indigenous offenders‚ where it is related to the offence‚ the indigenous circumstances will provide a relevant context for mitigating the sentence.4 The seminal case of R v Fernando5 (“Fernando”) adumbrated the oft-cited Fernando principles6 which comprehensively set out the considerations when sentencing indigenous offenders. Key amongst these considerations is the relevance of indigenous background‚ poverty and alcoholism
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CRJ 150 McCleskey v. Kemp The case began with Warren McCleskey‚ an African-American man who was sentenced to death in 1978 for killing a white police officer during the robbery of a Georgia furniture store. McCleskey appealed his conviction and sentence‚ relying on the Eighth Amendment’s ban on cruel and unusual punishment and the Fourteenth Amendment’s guarantee of Equal Protection to argue that the death penalty in Georgia was administered in a racially discriminatory -- and therefore unconstitutional--manner
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Living in a first-world country‚ our freedoms and rights are protected above all else by the law. We are allowed freedom of speech‚ race‚ religion‚ thoughts and ideas‚ etc. These freedoms allow us to express ourselves to the best of our abilities. Yet some ideas that these freedoms allow us to transmit are censored in order to prevent harm to others; hate speech‚ propaganda‚ etc. is frowned upon as it may bring harm to others. The case of pornography in all this and its legal regulation is the belief
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Assignment 2 Issue: Under the state’s tort law‚ does forgery occur when an individual finds a check written out to cash‚ and was there any intent to injure or defraud. Rule of law: Under Section 30-236 of the state penal code defines forgery as “falsely making or altering any signature to‚ or any part of‚ any written purporting to have any legal efficacy with intent to injure or defraud.” Section 45-3-109d of the state Commercial Code provides that when a negotiable instrument is made out to cash
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