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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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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Judy Sal DATE November 11‚ 2011 Costanza v. Seinfield 181 Misc. 2d 562; 693 N.Y.S.2d 897 (1999) Parties: Petitioner: Costanza Respondent: Seinfield Facts: The plaintiff‚ Michael Costanza alleges that the television show‚ “Seinfield” has a character by the name of George Costanza who is based off of him without his consent. The character is bald‚ fat‚ has bad romantic relationships‚ and poor employment. Plaintiff alleges that “Seinfield” has portrayed him in a negative‚ humiliating
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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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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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Lucy v. Zehmer I. Statement of the Facts Zehmer owned a Farm that Lucy had made several offers to purchase‚ all of which Zehmer rejected. Lucy met Zehmer in the latter’s restaurant one evening. After drinking‚ they had a substantial discussion about the sale of the farm. Lucy made an offer of $50‚000. Zehmer drafted up Lucy a contract specifying the land‚ the amount‚ title satisfactory to buyer. Lucy took the written agreement and offered $50‚000 to Zehmer who refused to abide to the written agreement
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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Arizona v. Rodney Joseph Gant 1. Heading a. Arizona v. R. Joseph Gant‚ Supreme Court of the United States‚ 2009 (April 21‚ 2009) 2. Statement of Facts a. Tucson‚ Arizona police officers acted on an anonymous tip that the residence at 2524 N. Walnut Ave was being used to sell drugs. The door was answered by Rodney Gant‚ who after a records check‚ revealed that Gant’s driver’s license had been suspended and there was an outstanding warrant out for his arrest for driving with a suspended license
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Tinker v. Des Moines Independent Community School District et al‚ 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker‚ Mary Beth Tinker‚ and Christopher Eckhardt‚ high school students in Des Moines‚ Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to
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Terry v. Ohio‚ 392 U.S. 1 (1968) “Unreasonable search and seizures” One of the 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
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