Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-19650 September 29‚ 1966 CALTEX (PHILIPPINES)‚ INC.‚ petitioner-appellee‚ vs. ENRICO PALOMAR‚ in his capacity as THE POSTMASTER GENERAL‚ respondent-appellant. Office of the Solicitor General for respondent and appellant. Ross‚ Selph and Carrascoso for petitioner and appellee. CASTRO‚ J.: In the year 1960 the Caltex (Philippines) Inc. (hereinafter referred to as Caltex) conceived and laid the groundwork
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struck his vehicle onto the plaintiff resulting in the death of her child even though the child was a fetus at the time of the accident. Conclusion: The plaintiff’s motion to recover damages for the wrongful death of her child would be denied. Under case 370 Md. 227‚ 804 A.2d 1151 in a similar suit as to the one we are doing the plaintiff was not able to recover for the loss of her child as a result of a car
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People v. Rangel (2012) : Case Brief Issue: When a search warrant is issued on the grounds of proving someone to be a part of gang activity‚ is it logical to be able to search their personal items such as a phone? Facts: San Mateo police believed that supposed gang member Eric Rangel was responsible for the felony assault that took place in a local park and also that it was a gang-related crime. As a result police obtained a search warrant of Rangel’s home on the grounds of proving “gang indicia”
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James Donalds – Case Brief Practice R. v. Sparrow‚ [1990] 1 SCR 1075 Facts: Sparrow was charged under s. 61(1) of the Fisheries Act with the offence of fishing with a drift net longer than permitted by the terms of the Indian Food Fishing License. Sparrow admitted to committing the act‚ but claimed that he has the aboriginal right to fish under s. 31(1) of the Fisheries Act. Therefore‚ the Act is inconsistent with s. 35(1) of the Constitution Act‚ 1982 and is invalid. He was unsuccessful
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“stat[ing] with particularity facts giving rise to a strong inference that the defendant acted with the required state of mind.” Livid‚ 403 F.3d at 1055 (internal quotation marks omitted). The higher pleading standards incorporates the scienter standard in the federal rules that requires the circumstances constituting the fraud be pled with particularity‚ but allows the plaintiff to plead the state of mind generally. Fed. R. Civ. P. 9(b). The particularity requirement is met by pleading facts about the
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RENO v. AMERICAN CIVIL LIBERTIES UNION US Supreme Court‚ 1997 1. Claim: Attorney General Janet Reno‚ the appellant appealed directly to the Supreme Court as provided for by the Act’s special review provisions against the appellee‚ ACLU. 2. Facts: The 1996 Federal Communications Decency Act sought to protect minors from “indecent” and offensive Internet materials. The Act made it a crime to transmit obscene or indecent messages over the Internet. Immediately after the CDA became law‚ twenty
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Finally‚ on July 27‚ 2000‚ Marie Villette (plaintiff) had a carport installed from Sheldorado Aluminum Product (defendant). The covering would collapse six months later on top of the plaintiffs Mercedes Benz. All the plaintiff is requesting is the $3‚000 she has spent on the carport. Ms. Villette filed a lawsuit opposing Sheldorado expecting the return of her $3000. Ms. Villette and Sheldorado‚ had no formal written contract‚ however‚ there was a bill of sale; it is dated 11 July‚ 2000. Ms. Villette
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Species from genus Vaccinum such as V. uliginosum‚ V. angistifolium‚ V. mystillus‚ V. macrocarpon Ait contains phytochemicals with antiproliferative activity against cancer cell lines. The first study based on anticancer activity from cranberry extracts published in 1996 where inhibition of polyamine synthesis and induction of expression of the enzyme quinone reductase shown (Bomser and others 1996). Subsequently‚ an extract containing hydrosoluble phenols from a comercial freeze-dried cranberry
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Background: Bob Ewell is the father of Mayella Ewell‚ the victim in the Ewell v. Robinson case. Mayella Ewell claims to have been beaten and raped by Negro‚ Tom Robinson. She claims she had him do work for her in the yard and when she went inside to get a nickel to pay him‚ he rushed her whilst her back was turned. She says she turned around and he took control of her and beat and took advantage of her. These claims were blatant lies. The Initial Injuries Sheriff Heck Tate was called up to the
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There are many similarities in the election process used in the United States of America and Mexico. There are also a number of differences. Most people think of Mexico as a country fueled by corruption. While I am not saying that isn’t the case I am saying the idea of their system is something I think our government can look to to help fix some of the flaws in our election process. In the United States of America a President is elected every four years indirectly by the people through the Electoral
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