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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HUDGENS V NATIONAL LABOR RELATIONS BOARD FREEDOM OF EXPRESSION AND PUBLIC PROPERTY AUGUST 13‚ 2009 DIANE SACHAROFF BMGT 281 SUMMER Our constitution gives us the right under the First Amendment to the Freedom of Speech. This seems like a fairly straight forward right‚ but what many don’t know is that the Constitution only guarantees our right to freedom of speech against abridgement by government‚ federal or state. (Hudgens v. National Labor Relations Board‚ 424 U.S. 507 Lexis). In
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Abstract In the case of White v. Gibbs‚ the plaintiff‚ Mrs. Debbie White‚ sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act‚ a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd‚ 1986). Since the two parties reside in different states‚ the case was brought to the
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was shortly subpoenaed by the Jefferson County grand jury to expose the individuals; however‚ he refused. A state trial court judge ruled that a Kentucky statute and the United States First Amendment did not authorize his refusal to identify his informers. When Branzburg appealed‚ the Kentucky Court of Appeals denied his petition. This appeal was not the end of Branzburg’s case. A second case arose from a story published on January 10‚ 1971‚ and involved him describing details about the usage of drugs
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over citizens within the confines of law. To do this‚ a court exerts jurisdiction over individuals‚ allowing it to enter binding judgements in suits that arise due to contact in the jurisdiction. There are three types of jurisdiction exercised by state courts: In Personam‚ In Rem‚ and Quasi In Rem. In Personam jurisdiction is jurisdiction gained by the consent of the parties‚ both actually and/or constructively. This can happen by consent‚ presence‚ or citizenship. When jurisdiction is gained by
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