Tennessee v. Garner 471 U.S. 1 (1985 Tennessee v. Garner‚ 471 U.S. 1 (1985)‚ is a civil case in which the Supreme Court of the United States held that‚ under the Fourth Amendment‚ when a law enforcement officer is pursuing a fleeing suspect‚ he or she may not use deadly force to prevent escape unless the officer has probable cause to believe that the suspect poses a threat of death or serious physical injury to others. It was found that use of deadly force to prevent escape is an unreasonable
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What are the significant differences between the Quinlan‚ Cruzan‚ and Wenland cases? Why are these three cases important? In the case of Quinlan‚ her wishes had been made known by previous oral and written statements she had made. In this case her father was the surrogate speaking her wishes and fighting the courts systems who had ruled against his decision to remove her respirator. This was then overturned on the grounds of the constitutional right to privacy covers the decisions of formerly
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McCulloch v. Maryland 4 Wheat. 316 (1819) FACTS: The Second Bank of the United States was chartered in 1816‚ amid much opposition from the states. However‚ following many financial disasters throughout the nation‚ eight states‚ including Maryland‚ passed statutes restricting the “activities of the Bank or imposing heavy burdens on it.” The state of Maryland impeded the operations of the Bank by imposing a significant paper tax on all notes not chartered by the state. McCulloch‚ the cashier of
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Ethical Reasoning Essay By: Tajid Ferdous (500497376) Law 122 Anita John 500 words November 13‚ 2014 This essay will examine the ethical and legal aspects of the Eli/BIC v Wally case. In this Case there are two ways to look at this scenario‚ which is to look at it legally and ethically. In legal aspects Wally cannot be sued because he is covered by limited liability‚ which protects from losing more assets than he invested. In Ethical perspective BIC should be able to sue
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Gideon v. Wainwright Facts Defendant Clarence Earl Gideon was charged with breaken and entering a poolroom with intent to commit a misdemeanor. Defendant was denied request for appointed counsel on the grounds that under the laws of Florida only a defendant charged with a capital offense was entitled to such an appointment. Defendant was without funds. Defendant conducted his own defense. Defendant was convicted and sentenced to imprisonment of five years in the state prison. Defendant filed
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1. In the case of Hu v. Fang‚ 127 Ca.Rptr.2d 756 (2002)‚ when the court said the paralegal’s error was “imputed” on the attorney‚ it meant that the attorney was responsible for the acts or omissions of his paralegal. I relied on ABA Model Rule 5.3 – Responsibilities Regarding Nonlawyer Assistants for formulating my answer. 2. Based on the holding in the Hu v. Fang case‚ an available sanction might be that the default would not be set aside since‚ unlike the instant case‚ the error was not caught
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People v. Shaughnessy 319 N.Y. S. 2d 626 District Court‚ Nassau County‚ Third District March 16‚ 1971 Procedural History: At the conclusion of the trial‚ the defendant chose to move to dismiss on the grounds that the statute is unconstitutional‚ however‚ the courts found it unnecessary to pass due to constitutionality of the Ordinance because there is another reason it should be dismissed. The legal elements required to determine criminal accountability must be examined to determine if this case
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Eloho (Elli) Erih Please don’t tell my husband he has Cancer Beneficence is the most common motive of most health care professionals. Since the surgeon agrees not to tell Mr. McMurtry and his family physician‚ he demonstrates how much he cares about his patients’ wellbeing. Even though‚ the patient has the right to be informed‚ it is surgeon’s obligation to morally act in a way that produces the best result and protect his patient from harm (Lafollette 23). Telling McMurtry the truth could potentially
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Self-esteem is a term used in psychology to reflect a person’s overall emotional evaluation of his or her own worth. It is a judgement of oneself as well as an attitude toward the self. Self-esteem encompasses beliefs (for example‚ "I am competent"‚ "I am worthy") and emotions such as triumph‚ despair‚ pride and shame.[1] Smith and Mackie define it by saying "The self-concept is what we think about the self; self-esteem‚ is the positive or negative evaluations of the self‚ as in how we feel about
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analysis of strategic groups of competitors‚ value chain analysis and others. Marketing management often finds it necessary to invest in research to collect the data required to perform accurate marketing analysis. As such‚ they often conduct market research (alternately marketing research) to obtain this information. Marketers employ a variety of techniques to conduct market research‚ but some of the more common include: * Qualitative marketing research‚ such as focus groups and various types
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