PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY‚ ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case‚
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official to properly fulfill their official duties or correct an abuse of discretion. (See‚ e.g. Cheney v. United States Dist. Court for D.C. (03-475) 542 U.S. 367 (2004) 334
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ARCHER V. WARNER (01-1418) 538 U.S. 314 (2003) 283 F.3d 230‚ reversed and remanded. NATURE OF CASE Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer. The Archers sued the Warners in North Carolina state court for fraud in connection to the sale. The settlement was that the Warners would pay the Archers $300‚000. The Warners paid $200‚000 and executed a promissory note for $100‚000. The Warners failed to make payments on the promissory note and the
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HUDGENS V NATIONAL LABOR RELATIONS BOARD FREEDOM OF EXPRESSION AND PUBLIC PROPERTY AUGUST 13‚ 2009 DIANE SACHAROFF BMGT 281 SUMMER Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right‚ but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government‚ federal or state. (Hudgens v. National Labor Relations Board‚ 424 U.S. 507 Lexis). In
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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Cipla v Roche – Generics Industry Rejoices! For the last two years‚ the Delhi High Court has been the battle ground for a pharmaceutical war between Roche and Cipla over Roche’s patent for the anticancer drug ‘erlotinib’‚ sold by Roche as ’Tarceva’. On 24 April 2009‚ the Division bench of the Delhi High Court dismissed Roche’s appeal against the refusal of a single judge to grant an injunction restraining Cipla from manufacturing‚ offering for sale‚ selling and exporting its generic version of ‘erlotinib’
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In Morrison v. Olsen‚ the issue of the Independent Counsel Provision in the Ethics in Government Act of 1978 was challenged and the court decided that it was not unconstitutional because it did not violate the separation of powers by taking power from the Executive and giving more to the Judicial or Legislative branches. Alexia Morrison had been appointed as the independent counsel to investigate Morrison to see if he had violated federal law; he sued her arguing that the Independent Counsel had
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Safford v Redding (2009) (Student rights regarding personal searches) • Facts of the case ¬ Savana Redding‚ a thirteen-year-old at Safford Middle School‚ was accompanied to the Assistant Principal Wilson’s office to be questioned about a day planner that contained knives and other illegal items‚ including four prescription-strength‚ and one over-the-counter‚ pain relief pills. ¬ Redding told the principal that she owned the planner but she knew nothing about the medication. Mr. Wilson explained
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search a student while law enforcement officers must have probable cause. In the cases of Best V. New Jersey and Safford V. Redding‚ the issues of search and seizure of a student in school are laid out in different scenarios that clearly portray the difference between a constitutional search and an unconstitutional search. The concept of reasonable suspicion is sufficient for the extended search in the Best V. New Jersey case because the student was in clear violation of school policy and the search was
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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