Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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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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Brief of McCart v H&R Block‚ Inc. Case Name‚ Citation‚ and Court Robert McCart and June McCart‚ v. H &R Block. Inc. 470 N.E.2d 756; 1984 Ind. App. LEXIS 3039 Court of Appeals of Indiana‚ Third District Key Facts Mr. McCart opened a tax preparation business and executed a contract with Block to be a district manager‚ which precluded him from operating a tax business in the same city. McCart then issued the city franchise to his wife. Years later‚ the wife signed a new franchise agreement
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Assignment #4 – R. Williams Construction Co. v. OSHRC Sarah Barnard February 26‚ 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown‚ SPHR‚ Instructor Assignment # 4- R. Williams Construction Co. v. OSHRC 1. What were the legal issues in this case? This case is based around the laws and regulations of OSHA. OSHA is an Occupational Safety and Health Act that has been put into place to ensure the safety of employees while on the job. These regulations are put into place to help
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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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1. Citation: United States v. Conti‚ E.D.S.C.‚ Western Division‚ No.5:11-CV-470-F (2012) 2. Facts: In 2011‚ the North Carolina General Assembly passed House Bill 289‚ which approved the DMV to issue speciality license plates. One of these license plates was inscripted with the message “Choose Life.” The Plaintiffs‚ headed by the American Civil Liberties Union of North Carolina‚ and the Defendants‚ Eugene Conti and Michael Robertson‚ who held State positions directly pertaining to transportation
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GONZALES V. RAICH‚ 545 U.S. 1 (2005) 352 F.3d 1222 Facts: Respondents contended that California’s Compassionate Use Act of 1996 exempted physicians‚ patients and care givers from criminal prosecution and allowed for the possession and cultivation of marijuana for medical purposes with the recommendation and approval of a physician. Respondents who suffered from medical conditions sought to avail themselves of this exemption. Because the Controlled Substances Act (CSA) enacted under the
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1. Name and Citation R. v. Williams‚ [1998] 1 S.C.R. 1128 2. Type and Level of Case This case was heard by the British Colombia Court of Appeal on February 24th‚ 1998 and a decision was made on June 4th‚ 1998. 3. Facts The accused‚ an aboriginal man‚ pleaded guilty to robbery charge‚ saying that the robbery was done by someone other than himself. He was elected a trail by judge and jury. First Trail; questions were asked to jury to assure the jury was unbiased‚ 12 of 43 potential jurors were dismissed
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Gideon V. Wainwright On June 2‚ 1961 there were some items stolen from Bay Harbor Pool Room‚ such as five dollars and a few bottles of beer and soda. Henry Cook told the police that he had seen Clarence Gideon walk out of the pool hall with a bottle of wine and his pockets filled with coins‚ then got into a taxi and left the joint. Major people that were involved were Clarence Earl Gideon the plaintiff‚ Louie L. Wainwright the defendant‚ H. G. Cochran‚ Jr. was the original respondent. The
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1. The 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
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