MEMORANDUM OF LAW To: Kimberly D. Beard‚ Esq. From: Laura Gardner Re: Brandon Berry‚ State of Georgia v. Berry Date: February 27‚ 2013 QUESTIONS PRESENTED I. Can the Defendant be Charged With Cruelty to Children When the Child Was Not in the Defendant’s Care? II. Can the Defendant be Charged With Cruelty to Children When the Elements Have Not Been Met? STATEMENT OF FACTS On June 16‚ 1998 Jamie June (Jamie) completed a detox program for alcohol abuse and she then started Alcoholics
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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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Case Brief Funk vs. United States Supreme Court of the United States 290 U.S. 371‚ 54 S. Ct. 212 (1933) Facts: Funk was tried twice and convicted both times in Federal District Court for conspiracy to violate the prohibition law. In the first appeal to the Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded
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pole and that Butterfield was not riding with care‚ Forester should win Trial Court rules in favor of Forrester; Appellate court upholds Incipient use of contributory negligence: principle that a plaintiff is the more liable party in a negligence case‚ cause injury to themselves regardless of defendant Legal Issues: Does the negligence of the plaintiff supersede possible negligence of the defendant? Court’s Analysis: Butterfield would have seen the obstruction if he had used ordinary care.
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The Kids". Mcgraw lost to Benjamin in November 2004. When the case came before the West Virginia Supreme Court in 2007 the court ruled in favor of Massey and overturned the $50 million verdict in a split 3 to 2 decision. Caperton sought rehearing and the parties moved for disqualification of three of the five justices who decided the appeal. Photos had surfaced of Justice Spike Maynard vacationing in the French Riviera while the case was pending. Justice Maynard recused himself after possible bias
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ruled that Tuskegee city officials redrew the cities boundaries unconstitutionally so that the white candidates in the cities political race could win and the blacks’ votes would not count. This case laid the framework for the passage of the 1965 voters rights act which outlawed discrimination in voting. The case was named after a Tuskegee university professor Charlie A. Gomillion who was the plaintiff and the defendant was the mayor of Tuskegee Phillip M. Lightfoot. Gomillion tried to make it easier
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In school student rights can be limited. There are several court cases that cover these rights. Here are a couple of them. Unreasonable Searches & Seizures- In the New Jersey v. T.L.O. case‚ T.LO. and her friend were accused by a teacher for smoking in the bathroom. Her friend admitted to‚ but T.L.O kept denying it. The teacher brought her purse to the principal‚ and the principal demanded to see her purse. Proof that T.LO. was selling drugs was found. They took it to the police and she finally committed
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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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Consumer Behavior and Cultural Factors affecting Consumer Behavior What is Consumer Behavior? Consumer behavior deals with the study of buying behavior of consumers. Consumer behavior helps us understand why and why not an individual purchases goods and services from the market. There are several factors which influence the buying decision of consumers‚ cultural factors being one of the most important factors. What is Culture? The complex whole that includes knowledge‚ beliefs‚ arts
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Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court‚ in which justice Rehnquist‚ CJ‚ joined and White‚ Blackmun‚ O’ Conner‚ Kennedy‚ and Souter‚ JJ‚ joined. Stevens‚ filed a dissenting opinion‚ in which Marshall‚ J.‚ joined Procedural History: California v Hodari first proceeding were through the juvenile courts. Hodari tried to suppress the evidence relating
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