Case 1 Case 2 Case 3 Court and Year Full High Court 2007 District Court of Queensland 2010 New South Wales Court of Appeal 2011 Relevant Facts Home purchased at $250000 with mortgage payment of $200000 Ms Clayton unable to keep up with payments After substantial period of default‚ banks sells sold property at auction for $150000. After deduction of sale‚ Bank seeks payment of the guarantor Ms Clayton claim guarantee not enforceable on her because of misunderstanding Ms Clayton alleges
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Page 1 1 of 3 DOCUMENTS M.A. MORTENSON COMPANY‚ INC.‚ Petitioner‚ v. TIMBERLINE SOFTWARE CORPORATION and SOFTWORKS DATA SYSTEMS‚ INC.‚ Respondents. No. 67796--4 SUPREME COURT OF WASHINGTON 140 Wn.2d 568; 998 P.2d 305; 2000 Wash. LEXIS 287; CCH Prod. Liab. Rep. P15‚893; 41 U.C.C. Rep. Serv. 2d (Callaghan) 357 October 26‚ 1999‚ Oral Argument Date May 4‚ 2000‚ Filed PRIOR HISTORY: [***1] Appeal from Superior Court‚ King County. 95--2--31991--2. Honorable Phillip Hubbard‚ Judge. DISPOSITION: Court
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In the Greynolds v. Kurman case‚ I agree with the court’s decision. “There was sufficient evidence to support a finding of lack of informed consent” (Pozgar & Santucci‚ 2015‚ p. 339). When I read the case it seemed like the physicians did not put any effort in explaining the complete picture‚ including the Greynolds options‚ and letting them decide what they wanted. By law‚ “when there is doubt as to a patient’s capacity to consent‚ the consent of the legal guardian or next of kin should be obtained”
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of Right to Counsel In the 16th and 17th century‚ the law did not allow or provide for the use of attorneys in any court case‚ except for treason cases. It wasn’t until the 18th century in which the defendants were allowed to have an attorney. The constitution allowed for the use of attorneys‚ but most defendants represented themselves‚ while
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Donoghue v Stevenson (1932) AC 562 Facts: Mrs. Donoghue found a decomposing snail in the ginger beer and claimed to have suffered gastroenteritis and severe shock upon the sight of the snail. She sought to recover damages from Stevenson‚ claiming that the presence of snail was due to his negligence. Could Mrs. Donoghue bring an action in negligence against Stevenson? Stevenson argued that as they were not in a contractual relationship‚ hence there was no special relationship and therefore he
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The case Miller v. California (1973) was determined by the Supreme Court‚ which redefined the meaning of obscenity. The word obscene is hard to define and could be seen as “You will know it when you see it.” The Miller case determined if something was obscene‚ the average person‚ applying the standards must find the entire work‚ as obscene‚ the work depicts offensive sexual conduct defined by state law‚ and that the work as a whole lacks literary‚ artistic‚ political‚ or scientific value. Marvin
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The March for Life Protest In 1973‚ Jane Roe filed a court case against Henry Wade in which she accused Wade of impregnating her by sexual assault (Glazer n. pag). During the case‚ the U.S. Supreme Court first argued that the Fourteenth Amendment does not mention abortion‚ but rather it guarantees a privilege to individual freedom under due process (“Supreme Court Rules on Roe V. Wade‚ The” par. 5). The state of Texas argued that it had convincing motivations to protect the life of an unborn child
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to prevent disturbances. Issue: The argument was whether the black armband was a disturbance at school. Would people find the armband offensive and did the school ban the students’ right of free expression? The Court of Appeals considered the case and recognized that the black armbands were worn merely for expression. This was considered a type of symbolic expression written in the Free Speech Clause of the First Amendment. Decision of the Court: The court found that the banning of a silent
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v. Cruikshank (1876). This case took place during the Reconstruction period of the south in Grand Parish‚ Louisiana. During this time there were many changes being made in the state and local government positions. In 1873 the governor of Louisiana appointed a new Judge
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there is to know about judicial review. So when it comes to the case of Marbury V. Madison I knew the basics of the case but I did not know the reasons and all the facts. When I picked this case it was out of confusion behind the events that gave the Supreme Court its powers. Through examining the legal‚ environmental and personal perspective of the case we can get to the bottom of why they ruled way they did. The Marbury v. Madison case was the first of its kind because it was questioning who had
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