and looked to state legislatures to restrict the BUS operations. Maryland imposed a tax on the bank’s operations‚ and when James McCulloch‚ the cashier of the Baltimore branch of the BUS‚ refused to pay the tax‚ the issue went to Court. Few people expected the Court to hold the charter establishing the bank unconstitutional; what was at issue was the extent of state power and federal authority. In what has justly been termed a state paper‚ Chief
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Lakeman v Mountstephen (1874) LR 7 HL 17‚ 43 LJQB 188‚ 22 WR 617‚ 30 LT 437‚ [1874-80] All ER Rep Ext 1924 Court: pre-SCJA 1873 Judgment Date: circa 1874 Case History Annotations Case Name Citations Court Date Signal - Lakeman v Mountstephen (1874) LR 7 HL 17‚ 43 LJQB 188‚ 22 WR 617‚ 30 LT 437‚ [1874-80] All ER Rep Ext 1924 pre-SC JA 1873 circa 1874 Affirming Mountstephen v Lakeman (1871) LR 7 QB 196‚ 36 JP 261‚ 41 LJQB 67‚ 20 WR 117‚ 25 LT 755 Ex Ch circa 1871 Cases referring
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Salomon v A Salomon and Co Ltd (Salomon) has created an impressive case in English Law history. The decision of the House of Lords in Salomon has reaffirmed the separate legal personality of a company. A separate legal personality is also known as the corporate personality. It is one of the consequences of the Company Act 2006 which incorporated a sole trader company to a limited company. When a company has undergone incorporation‚ it simply means that the shareholders of the company are separated
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The Kent v. United States Should teens be tried as adults? Furthermore‚ would it stop teens from committing a crime if they were thrown in adult institutions? There are teens who commit crimes that could be judged as adults “On September 2‚ 1961‚ an intruder entered the apartment of a woman in the District of Columbia. He took her wallet. He raped her‚ the police found in the apartment latent finger prints. They matched the fingerprints of Morris Kent” (Kent). Morris is one of those teens. This
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[1893] 1 Q.B. 256 1892 WL 9612 (CA)‚ [1893] 1 Q.B. 256 (Cite as: [1893] 1 Q.B. 256) Page 1 *256 Carlill v. Carbolic Smoke Ball Company. In the Court of Appeal. CA Lindley‚ Bowen and A. L. Smith‚ L.JJ. 1892 Dec. 6‚ 7. Contract--Offer by Advertisement--Performance of Condition in Advertisement-- Notification of Acceptance of Offer--Wager--Insurance--8 & 9 Vict. c. 109-- 14 Geo. 3‚ c. 48‚ s. 2. The defendants‚ the proprietors of a medical preparation called "The Carbolic Smoke Ball‚" issued an
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Korematsu v. United States Japanese Internment‚ Equal Protection (1944) When the Japanese bombed Pearl Harbor on December 7‚ 1941‚ the American military became concerned about the security of the United States‚ particularly along the West Coast. At the time‚ about 112‚000 people of Japanese descent lived on the West Coast; about 70‚000 of these were American citizens. President Franklin D. Roosevelt signed the Executive Order 9066. This authorized the Secretary of War or any designated
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The case of Wauchop v. Domino ’s Pizza‚ Inc. involves a wrongful death suit on behalf of a family at the hands of an employee of a Domino ’s Pizza franchise. In this instance the defendants named were the company itself‚ the president‚ the franchise owner‚ and the driver of the deliver vehicle involved. The plaintiffs claim that the 30-minute delivery policy was the cause of the accident resulting in the death of the woman. The plaintiff filed a motion for default judgment against Thomas Monaghan
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personality‚ a company being a legal entity independent of its members‚ can enter into contracts and own property in its own right‚ can sue and be sued and also taxed in its own name. The principle of corporate entity was established in the case of Salomon v A. Salomon ‚ now referred to as the ‘Salomon’ principle. The facts of this case were that the owner of a business sold it to a company he had formed‚ in return for fully paid-up shares to himself and members of his family‚ and secured debentures
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In the case of Mempa v. Rhay‚ which the accused pleaded guilty with the advice of court-appointed counsel to the crime of "joyriding" and was placed on probation for two years. Then soon after the sentence was deferred because he was involved in a burglary and sentenced to 10 years in prison but only would receive 1 year with the advice from the parole. This was achieved due the fact that the probation officer questioned by the probationer about the incident and the parolee admitted his involvement
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INTRODUCTION The indigenous peoples of the Philippines consist of a large number of indigenous ethnic groups living in the country. They are the descendants of the original inhabitants of the Philippines who have managed to resist centuries of Spanish and United States colonization and in the process have retained their customs and traditions. The Philippine government succeeded in establishing a number of protected for tribal groups. Indigenous people were expected to speak their native
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