The main focus point and argument regarding both the Stanford v. Kentucky and Roper v. Simmons case rely mainly on the eight amendment. Throughout both cases‚ the eighth amendment played a key factor in determining the court’s decision‚ regarding whether or not Simmons or Stanford would be facing the death penalty. Both “The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed.” The eighth amendment states
Premium Capital punishment Crime Roper v. Simmons
defendant by the District Court. Plaintiff appealed claiming genuine issues of material facts exist. The Facts: Plaintiff bought a used car from Defendant‚ a used car dealer. Defendant offered no warranty‚ but told Plaintiff that the car had been inspected and was accident free. Plaintiff purchased a service plan through Defendant to be administered by a third party. Said plan did not cover any previous damage. Defendant neglected to charge the plaintiff for the service plan. Approximately
Premium Automobile Law English-language films
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
Premium First Amendment to the United States Constitution United States Constitution Supreme Court of the United States
The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
Premium Tort Tort Complaint
LAW 3112 CASE REVIEW CASE: PAYNE v. CAVE 1789 SUBMITTED TO: Dr. Siti Salwani Razali SUBMITTED BY Abdullah Md Mohabbat 1112221 Abdul Wasey Faheem 1119949 (Section : 3) FACTS OF THE CASE The defendant had made the highest bid in an auction. The defendant had withdrawn his offer before the auctioneer had knocked his hammer. The plaintiff’s counsel opened the case with as: the goods were put up in one lot at an auction. There were several bidders of which the defendant
Premium Auction Auctioneering Contract
Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict‚ knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal‚ Blankenship‚ the chairman‚ CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close
Premium Jury United States Supreme Court of the United States
Cipla v Roche – Generics Industry Rejoices! For the last two years‚ the Delhi High Court has been the battle ground for a pharmaceutical war between Roche and Cipla over Roche’s patent for the anticancer drug ‘erlotinib’‚ sold by Roche as ’Tarceva’. On 24 April 2009‚ the Division bench of the Delhi High Court dismissed Roche’s appeal against the refusal of a single judge to grant an injunction restraining Cipla from manufacturing‚ offering for sale‚ selling and exporting its generic version of ‘erlotinib’
Premium Patent application Patent Patentability
I. Summary The V-22 Osprey is an aircraft that is currently used in the military. Its unique design of a tilt rotor system has proven to be useful in different mission in the military. However‚ the Congressional Research Service (2009) in their study has said that this helicopter has multiple aerodynamic issues. During the service of this aircraft demonstrated mechanical issues that affected the elements of aerodynamic flight and emergencies situations that caused the V-22 program in constant upgrades
Premium Management Aircraft Unmanned aerial vehicle
A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
Premium Supreme Court of the United States United States United States Constitution
controversial five to four decision in Ricci v. DeStefano. The case of Ricci vs DeStefano raises the uncomfortable but common question of how far will employers go to favor one race over another? In other words‚ discrimination was at play in the case‚ in a scenario that will be unexpected to readers. The case of Frank Ricci vs. John DeStefano was established through an invalid act in the case of firefighters‚ promoting firefighters to be precise. The case began in the city of New Haven‚ Connecticut
Premium Supreme Court of the United States Discrimination Civil Rights Act of 1964