they are able to claim for damages from Boutique Bugs (Defendant) for the amount of $1‚100‚000 based on the elements of the rule in Rylands v Fletcher. Rylands v Fletcher (R v. F) is based on the doctrine of Strict Liability. This means that the defendant is liable for all damages caused by engaging in hazardous of dangerous activities. Blackburn J at 279 states “We think that the true rule of the law is‚ that the personal who for his own purposes brings on his lands and collects and keeps there anything
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Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time. Marbury was an intended recipient
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generation has been sacrificed on the altar of “free choice.” On December 13‚ 1971 the Supreme Court argued for the first time the case of an unmarried pregnant woman identified only as Jane Roe in order to maintain her anonymity. Jane Roe‚ later recognized as Norma McCorvey‚ was a Texas resident who wanted to have an abortion during the time when the existing state law banned abortion except to save the mother’s life. Having no other choice to obtain her abortion‚ Norma McCorvey brought a class
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Wallace v. Jaffree How did the Three Branches of government respond to the social issues of freedom of religion based on Wallace v. Jaffree case? Name: Thao-My Bui Date: 11/4/2014 IB History of the American Word count: 1989 Table of Contents A. Plan of Investigation 3 B. Summary of evidence………………………………………………………………………………………………………………..3 C. Evaluation of Sources……………………………………………………………………………………………………………..…6 D. Analysis…………………………………………………………………………………………………………………………………
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ARCHER V. WARNER (01-1418) 538 U.S. 314 (2003) 283 F.3d 230‚ reversed and remanded. NATURE OF CASE Leonard and Arlene Warner sold the Warner Manufacturing Company to Elliott and Carol Archer. The Archers sued the Warners in North Carolina state court for fraud in connection to the sale. The settlement was that the Warners would pay the Archers $300‚000. The Warners paid $200‚000 and executed a promissory note for $100‚000. The Warners failed to make payments on the promissory note and the
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Case: R v. Hebert Facts of Case Judges: Dickson‚ Robert George Brian; Lamer‚ Antonio; Wilson‚ Bertha; La Forest‚ Gérard V.; L’Heureux-Dubé‚ Claire; Sopinka‚ John; Gonthier‚ Charles Doherty; Cory‚ Peter deCarteret; McLachlin‚ Beverley Neil Hebert was suspected of having robbed the Klondike Inn. After the police located Hebert‚ they placed him under arrest and informed him of his rights‚ and took him to the R.C.M.P detachment in Whitehorse. Hebert contacted counsel and obtained legal advice regarding
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Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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I. Case Name: Harte-Hanks Communications Inc. v. Connaughton (1989). This civil law case refined the actual malice standard. II. Summary of Facts: In November 1983‚ Connaughton ran for the position of Municipal Judge of Hamilton‚ Ohio‚ and lost to James Dolan. Dolan resigned from the position a month later and was arrested for perjury charges. While an investigation took place‚ the Journal News ran an article quoting Alice Thompson‚ a witness‚ saying Connaughton had used his “dirty tricks” and offered
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time of making of the charter is so classed. It has no future assurance that the owner will continue to act to retain the class . The loss of the class may be due to unseaworthiness or some other breach of ship-owners obligations. Routh v. Macmillan In the case the merchant at New York chartered a ship ‘Hannah Eastee’ classed A1 ship at Lloyd’s for carrying a load of wheat to England. But due to bad management she runs off from A1 power. The cargo arrived safe but the merchants sued for the extra
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In the state of Ohio‚ the courts have taken a pro-business approach‚ at least regarding the nursing home industry‚ as is evidenced‚ by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case‚ the case involved a lawsuit filed against The Oakridge Home‚ an Ohio nursing home‚ by a former resident‚ Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home‚ she suffered serious injuries in a fall and that the fall was the result of negligence
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