and liable for injuries to the plaintiff? RULES In negligence‚ a plaintiff must prove: duty; breach duty; causation; and actual injury. Cite A person owes a heightened duty of care where children may be present. Cite ANALYSIS In Aarons v. Peterson‚ the defendant kept a hammer and nails in a toolbox on the floor of his basement. His eleven-year-old son took the hammer and a nail from the toolbox to repair a knock hockey board that he and his nine-year-old neighbor broke. When hammered
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Gravel v. United States 408 U.S. 606 (1972) Facts of the Case Senator Mike Gravel of Alaska was given a copy of the classified “Pentagon Papers” in 1971. After he received the classified documents‚ he called a meeting of his subcommittee in the Senate and shared their contents with the others in the subcommittee. He also allegedly arranged to publish the documents through Beacon Press. A federal grand jury‚ in the process of an investigation of possible federal law violations‚ subpoenaed one of
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Mapp v. Ohio (1962) i. Plaintiff‚ Dollree Mapp‚ was illegally raided by Cleveland police. After receiving information that an individual‚ wanted in connection with a recent bombing‚ was hiding in Mapp’s house‚ the Cleveland police knocked on her door and demanded entrance. On the other hand‚ the defendant was the state of Ohio. The police were looking for a bombing suspect and during the search found a gun and obscene literature. ii. On May 23‚ 1957‚ police officers in Cleveland‚ Ohio believed that
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In Benic v New South Wales [2010] NSWSC 1039 the risk of harm was the plaintiff‚ a police officer‚ suffering psychiatric injury as a result of receiving a threat to his life in the course of his work. The alleged breach was the failure to provide prompt and appropriate psychological or psychiatric assistance. The court noted that whether the risk was not insignificant was to be analysed from the perspective of the defendant and was to be prospective: at [411]. The evidence was that the Commissioner
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On January 22‚ 1973‚ a monumental ordeal for all of the United States had come about. Abortion was legalized. It was the Supreme Court case of Roe v. Wade that made us take a turn into this political issue. In this case Norma McCorvey who used the pseudonym ‘Jane Roe’‚ was an unmarried woman who wasn’t permitted to terminate her unborn child‚ for the Texas criminal abortion law made it impossible to perform an abortion unless it was putting the mother’s health in danger. Jane Roe was against
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damages for mental harm on two grounds. The first is that he did not owe Ryan Philcox a duty of care and the second that as Ryan Philcox was not present at the scene of the accident when the accident occurred‚ he did not satisfy the condition imposed by s 53(1)(a) of the Civil Liability Act (SA) upon recovery of damages for mental harm by someone other than a parent‚ spouse or child of a person killed‚ injured or endangered in an accident. The issues that arise for the purposes of this appeal are that
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Tiffin University Denny v. Ford Motor Company MGT623 Legal and Ethical Issues in Management Dr. Scott Basinger Submitted by: Ashley N. Brown 10-07-12 Denny v. Ford Motor Company Nancy Denny believed she was buying a Bronco II‚ which gave her the ability to switch between two-wheel and four wheel drive. According to the sales manual this feature would be appealing to women due to the vehicles’ ability to drive safer on snow and ice. Nancy Denny bought the vehicle
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Pace University Michael Khoo LAW 101 Gonzales v. Raich(545 U.S. 1 (U.S. Sup. Ct. 2005)) I. FACTS Angel Raich and Diane Monson (plaintiffs) suffered from serious medical conditions and the only effective treatment was the use of Marijuana which was recommended by the doctors. In 1996‚ a California statue‚ under the name of The Compassionate Use Act‚ was established to legally allow marijuana to be used only for medicinal purposes. Monson cultivated her own Marijuana for her
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Jon Dunlap 3/8/12 Odysseus v Telemachus Period 2 “Maturity has more to do with what types of experiences you’ve had‚ and what you’ve learned from them‚ and less to do with how many birthdays you’ve celebrated.” – Anonymous (Thinkexist.com). Maturity is a key theme during the journeys of Telemachus and Odysseus. In Homer’s Odyssey the journeys of Telemachus and Odysseus have many similarities and differences such as their common goal and the lessons they learn; and only by overcoming
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Oriana McGrath POSC Michigan Department of State Police v. Sitz Case Brief FACTS: The Michigan State Police established a sobriety checkpoint pilot program that went on for only one day. “Under the guidelines‚ checkpoints would be set up at selected sites along state roads. All vehicles passing through a checkpoint would be stopped and their drivers briefly examined for signs of intoxication. In cases where a checkpoint officer detected signs of intoxication‚ the motorist would be directed to
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