The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright‚ 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They
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Warfield v. Hicks‚ 91 N.C.App. 1‚ 4‚ 8‚ 370 S.E.2d 689‚ 691‚ 693 (1988). Finally‚ the Court found dismissal of a fraud claim was appropriate because the following statements were not sufficiently specific: Plaintiff complains that Defendant Popp falsely represented “the potential for sales from Popp’s Charlotte office‚” “the quality of yarn produced by Clemson‚” and “the availability of customers for Clemson Yarn.” Each of these categories‚ however‚ necessarily implies a statement of opinion‚ including
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The question before the Supreme Court concerning the Young v. UPS. Does the Pregnancy Discrimination Act require an employer to provide the same work accommodations to an employee with pregnancy-related work limitations as to employees with similar‚ but non-pregnancy related‚ work limitation? (http://www.oyez.org/cases) Samuel Bagenstos on behalf of the petitioner argued that UPS violated the second clause of the PDA. To his understanding the second clause means an employee seeking accommodation
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Summarize the relevant facts of the case. The relevant facts of Echazabal v. Chevron USA are as follows. Mr. Echnazabal had been working at Chevron USA refinery since 1972 till 1996 until the events presented in the case unfolded. He was employed by independent maintenance contractors for the refinery and worked in the coker unit of the refinery. In 1992‚ when a job opening was posted by Chevron in the same coker unit as that of where Mr. Echnazabal worked‚ he applied for the position to be directly
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Jessica Feeney Paralegal 246 Monday / Wednesday 7 – 10:10pm People v. Green 163 Cal.App.3d 239‚ 205 CalRptr.255 (Cal App 2 Dist. 1984) Facts: The defendant Vencil Green was charged and convicted of 12 felony offenses. The defendant used a gun to commit robbery and kidnaping for the purpose of robbery. At trial court the defendant presented expert testimony that the defendant’s history of heavy usage of PCP and other illicit drugs that has affected his brain and his ability to have committed
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The reason I chose this case was due to the fact it was a popular case throughout my childhood and because my cousin was a quadriplegic and had a form of cerebral palsy where she was limited to being taken care of by medical and hospital staff I was just a small child at this time my family would have regular visits with her One summer she got extremely sick and went into a coma my aunt then had to make the decision to keep her on life support or to let her go So this case is very relevant to what
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In the Adler and Van Doren’s essay titled “The Activity and Art of Reading‚” we are asked to respond to the conclusion that a teacher can help the students‚ but the student “must do the learning.” His argument‚ for me‚ seems to be a bit difficult to follow and yet I found myself nodding my head at the same time. I am not in total agreement‚ but with my best efforts I am trying to understand‚ in full‚ the context which he communicated to his audience. Having been a former helicopter instructor myself
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another point which the authors addressed in the article. In Turp v. Canada (2012)‚ the respondent (Canada) was brought up on charges for opting out of the Kyoto Protocol Implementation Act (KPIA) (2012). The act was put in place as a measure to ensure Canada meet its targets under the Kyoto Protocol. However the Canadian government withdrew from the KPIA‚ and was subsequently brought to federal court. The court dismissed the case without cost‚ as they found the government’s reasoning for opting
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Park Min-jung (20080534) Fact : On June 9‚ 1974‚ Jerome Bourque(Plaintiff) was playing second base on a softball game. Duplechin(Defendant)‚ a member of the opposing team had hit the ball and advanced to first base. After his teammate hit the ball‚ to avoid double play Duplechin ran at full speed into Bourque. As Duplechin ran into Bourque‚ he brought his left arm up under Bourque’s chin. Plaintiff Bourque filed this suit to recover damages for personal injuries received in the collision.
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was disputed. Later on‚ a notice under Section 13(2) of the SARFAESI Act was issued vide which T was called upon to repay the amount due together with interest within sixty days. T failed to repay the amount. The Bank took the possession of the immovable properties and the same became subject to the charge of the Bank. CONTENTIONS Transcore: 1. The Bank could not have invoked the SARFAESI Act where the O.A. was already pending under the proviso to Section
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