Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn‚ Lord Hope‚ Lord Walker‚ Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester‚ the plaintiff‚ suffered from low back pain since 1988. During 1994‚ Miss Chester was referred to Mr. Afshar‚ a neurosurgeon‚ who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure
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Arshiya Qasba 20141036 B.A LLB section ‘A’ Case: McGuire v. Almy CASE BRIEF Facts: Mcguire‚ a nurse (P) was hired to take care of Almy (D)‚ a mentally unfit person. One day while D was locked up in the room‚ he became violent. P entered the room and saw D holding the leg of a chair in her hand as if she was going to hit someone. The P tried to grab it from D. D struck the P with it and injured her. P sued D for charges of assault and battery
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Civ Pro II I. Joinder A. Joinder By ∆s: 3d Party Claims (Impleader Rule 14) 1. Cases a. Price v. CTB – Latco moved to file a 3rd party complaint against ITW who designed the nails used in the chicken house. Can implead under Rule 14 against someone who may be liable “A 3rd party claim will not be permitted when it is based upon a separate & independent claim. Rather‚ the 3rd party liability must in some way be derivative of the original claim; a 3rd party may be impleaded
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Lucy v. Zehmer Case Brief Facts: Lucy made an offer to Zehmer one night while at his restaurant to purchase Zehmer’s farm for $50‚000. Zehmer and Lucy both signed an agreement that promised Zehmer would sell the farm to Lucy. Zehmer claimed later that the agreement to sell the farm was made when they were both drinking at Zehmer’s restaurant and that he only meant the acceptance as a joke. Zehmer didn’t believe that Lucy’s offer was genuine since they were both drinking and went along with
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Final Exam Case Brief Padilla v. Kentucky The question here is whether or not the petitioner‚ Jose Padilla‚ will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility
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Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
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Emilie Blanc October 14th Spectrum Brands Case Brief 1. Assess the Spectrum organization and each of the markets in which the company now operates. What are the key elements from each industry about which Falconi should be concerned? Key elements to be concerned Batteries Consumers look for convenience and quality Market leaders: Duracel and Energizer (80% market share) adaptation to consumer needs and valuable negotiating power with retailers Flat growth of the market (1-2% annually) but
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substance use. Identifying crucial details such as how long he has been experiencing these symptoms would greatly aid in the elimination process of potential diagnosis. For example‚ if this has only recently happened‚ Randall may be suffering with a Brief Psychotic Disorder (298.8). However‚ any time longer than one month can shift the diagnosis to Schizophreniform Disorder (295.40)‚ Major Depressive Disorder with psychotic features (296.22)‚ Bipolar Disorder with psychotic features (296.44)‚ or other
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R. v Burns case Brief Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State. In a confession to an undercover RCMP officer in British Columbia‚ posing as a mob boss‚ it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths. It is claimed that Burns beat the victims with a baseball bat while Rafay watched (para.10). They
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Leng Xiong Business Law Anderson September 11‚ 2013 Case Analysis #1 Austin V. Berryman Citation: Austin V. Berryman United States Supreme Court of Appeal‚ Fourth Circuit‚ 1989. Facts: Barbra Austin is challenging the Virginia Employment Commission for unemployment compensation benefits‚ which she chose to quit her job out of religious beliefs to fallow her spouse. Issue: She is claimed to be denied of her unemployment compensation benefits because she quilted due to her religious belief
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