Hannah David 11 February 2013 Business Law Rothing v. Kallestad Issues: 1) Whether the district court erred in concluding that hay is not a “product “for purposes of a strict liability in tort cause of action. 2) Whether the District Court erred in concluding that the Rothings negligence claim against Kallestad fails because it was unforeseeable that the hay could cause injury and death to the Rothings’ horses‚ thus no duty of care existed. 3) Whether the District Court erred in concluding that
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S.H.A.R.K. v. Metro Parks Serving Summit County United States Court of Appeals‚ Ninth Judicial District 499 F3d 553 (2009) MOORE‚ Presiding Judge Rule of Law: The Privacy Protection Act (PPA) and the First Amendment rights were brought into question by the Plaintiffs. The judges ruled out the violation of the First Amendment rights and focused on the Privacy Protection Act as the main claimed offense. FACTS: Steve Hindi is the founder of S.H.A.R.K‚ a non-profit corporation that exposes
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that the testator’s name be subscribed at the end of the will by some other person‚ in the testator’s presence and at his direction. In order to make a valid will‚ the testator must strictly comply with the provisions for formal execution. In this case there is no way of knowing that the decedent’s failure to sign was a mistake or not. DISPOSITION: The lower courts determination of invalidity is affirmed. COMMENTS: It is evident that the will was not signed by the decedent and in accordance
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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Post New Message in folder E-Forum Topic 1 : 1. How would you define ‘literature’? Do include the genres that you feel constitute literature? As a reader do you feel that literature impacts on shaping your views about certain issues? | | | Post New Message in folder E-Forum Topic 2 : 2. What is the function of literature? Do you think the Education Ministry is right in incorporating English literature in the learning of English? Why or why not? | | | Post New Message in folder E-Forum
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Cultural heritage of a people refers to the social and religious attitudes‚ beliefs‚ principles and conventions of behaviour inherited from the tradition stretching back to remote antiquity. It also includes in its connotations intellectual and artistic manifestations in the form of language‚ literature‚ visual and plastic art and music developed by the society from generation to generation. Viewed in this light‚ our cultural heritage is immensely vast and varied. India is the cradle of one of
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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the warrant. REASONING/RATIONALE: The Maryland Supreme Court found that the warrant did not authorize a search of Garrison’s apartment and the police had no justification for making a warrantless entry into his premises; however that was not the case. The US Supreme Court found that the police reasonably believed that they were searching McWebb’s apartment and it was a mistake. The warrant was executed in a reasonable manner‚ despite the mix up. The police acted in the best of their ability and
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silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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Briefing the Case Assignment In the renowned Supreme Court Case of Jackson vs. Birmingham Board of Education‚ the rule of law was held to be that retaliating against a person because he has complained of being discriminated on the grounds of sex falls under a branch of intentional sex discrimination‚ which is encompassed by Title IX‚ Education Amendments of 1972. This was an important case with respect to intentional sex discrimination and never before had such principle of law been enunciated
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