braud. Our topic was then narrowed down to‚ The Right of the 8th Amendment for the Mentally Retarded in Prison. We then discovered court cases over the rights of the mentally retarded in prison‚ and decided that the case that appealed the most was Penry v Lynaugh. Resulting our topic to be: The Right of the 8th Amendment for the Mentally Retarded in Prison: Penry v Lynaugh. After choosing our
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Gonzales v. Raich In the case of Gonzales v. Raich‚ the Supreme Court made a judgment that affected the California users of medical marijuana. Under a law the federal Controlled Substance Act‚ marijuana is a schedule one controlled substance‚ however under a 1996 state California law‚ marijuana is legalized for usage for people who have a prescription from a doctor for medical usage. When the federal Drug Enforcement Administration enforced the CSA by destroying one of the defendant’s marijuana
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Personal Property Case Study The case study “Parking Lot’s Liability” is an actual court case‚ Allright‚ Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant’s negligence‚ his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o’clock p.m. and that anyone returning after that time could pick up their keys at another parking lot operated by the defendant at a another
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Oracle v. PeopleSoft Case‚ By Hossein Rad. There are couple of ethical issues to be discussed in the Oracle v. PeopleSoft case. However some aspects of the case may still require more enlightening to allow a firm conclusions to whether they were merely truthful business decisions without any ethical violations involved or they
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The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright‚ 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They
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The question before the Supreme Court concerning the Young v. UPS. Does the Pregnancy Discrimination Act require an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar‚ but non-pregnancy related‚ work limitation? (http://www.oyez.org/cases) Samuel Bagenstos on behalf of the petitioner argued that UPS violated the second clause of the PDA. To his understanding the second clause means an employee seeking accommodation
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Specht v. Netscape Communication Corporation‚ 306 F.3d 17 (2nd Cir. 2002). I. FACTS Plaintiffs sued‚ Netscape‚ a software internet company who distributed the free software SmartDownload‚ for electronic eavesdropping. The Plaintiffs alleged Defendant violated two federal statutes‚ the Electronic Communications Privacy Act and the Computer Fraud and Abuse Act‚ by capturing private information about files downloaded from the Internet . Plaintiffs filed suit against Defendant in District Court
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of title by registration rather than registration by title (Breskvar v Wall (1971) 126 CLR 376. * Indefeasibility- The registered proprietor holds the title free of all unregistered interests. S42 Real Property Act 1900 (NSW). * Registration of a void instrument confers immediate indefeasibility in the absence of fraud (Frazer v Walker [1967]] 1 AC 569. * Sir Garfield Barwick sitting on the Privy Council in Frazer v Walker described it as: “a convenient description of the immunity from
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infection‚ which is also prevalent in many corrections institutions. For the protection of inmate’s jail and prison staff should take steps to test for and treat the disease‚ in accordance with current recommended standards of control and care. In Doe v. Delie‚ the court ruled that prisoners have a right to privacy in their HIV status‚ and prison officials should take appropriate steps to prevent the unnecessary disclosure of the prisoner’s condition. With respect to legal issues‚ the main concerns have
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Illusory Promise | You be the Judge Case Study An illusory promise sounds like a promise or commitment‚ but is not really a promise or commitment to do anything. Because it does not bind the maker to do anything‚ it may not be treated as consideration to establish a contract. Culbertson v. Brodsky Culbertson had listed real estate for sale. Brodsky & Culbertson signed an option contract. Option document: - Brodsky delivers $5‚000 check to bank; - Bank holds
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