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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many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is‚ is a basic pat down of a suspects outer clothing‚ searching for weapons. The name came be known by a Superior Court case in the 1960’s‚ known as Terry v. Ohio. The case originated back in October 1963‚ involving John W. Terry and Richard Chilton. The two men were seen on a corner by veteran police detective‚ Martin McFadden‚ of the Cleveland Police Department‚ Ohio. According to the officer
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Case Name: Kentucky v. King‚ 563 U.S. (2011) Facts: In Lexington‚ Kentucky‚ police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent
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U.S. Supreme Court TEXAS v. JOHNSON‚ 491 U.S. 397 (1989) 491 U.S. 397 Citation: Johnson was convicted of desecration of a venerated object in violation of a Texas statute. Date Decided: June 21‚ 1989 Facts of case: At the 1984 Republican National Convention in Dallas‚ Texas‚ Johnson decided to burn an American flag in protest of some policies made by the Reagan administration and some Dallas corporations that he did not agree with. Noone sustained physical injury or was even
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Title of Case: Florida v. Michael A. Riley Legal Citation: 488 U.S. 445‚ 109 S.Ct. 693‚ 102 L.Ed.2d. 835 (1989) Procedural History: The respondent‚ Michael A. Riley‚ was charged with possession of marijuana under Florida law. The trail court granted his motion to suppress; the Court of Appeals reversed but certified the case to the Florida Supreme Court‚ which rejected the decision of the Court of Appeals and reinstated the trail court’s suppression order. The Supreme Court granted a writ of certiorari
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agency designed to safeguard the legal rights of the individual apart of the agency. ANALYSIS: The court stated that the disciplinary hearing provided them with proper notice of their violation was and sufficient amount of time to prepare their case to an
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Answer: The first approach Sandel presents is Maximizing Welfare. “Much contemporary political debate is about how to promote prosperity‚ or improve our standard of living‚ or spur economic growth.” Maximizing welfare is individualistic; most people are wired to want what is best for them- and sometimes others because they believe “prosperity makes us better off than we would otherwise be”. An example of poor moral judgment in reference to maximizing welfare is the treatment of armed forces veterans
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breathing space they needed‚ and they defeated Xerxes’ right-hand man Mardonius at Plataea. More or less at the same time‚ a Greek expeditionary force attacked the remains of the Persian navy atMycale‚ and started to liberate the Greek towns in Asia Minor. In 478‚ the Spartan prince Pausanias led a Greek expeditionary force to Byzantium. If he would take the city‚ the Greeks would control the Bosphorus and could keep the Persians out of Europe. However‚ Pausanias lost authority when rumors were spread
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A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
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Issue: Barry Jewell was convicted of burglary with a deadly weapon resulting in serious bodily injury‚ a class A felony. Also‚ Battery resulting in serious bodily injury‚ a class C felony. Rule: The court used the case‚ Ellyson V. State‚ 603 N.E.2d 1369‚ 1373 (Ind. Ct.App.1992) In that case‚ Ellyson was charged with burglary because he broke into the house where him and his estranged wife lived with the intent to rape her. He was still charged with burglary even though he had the right to possession
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