Marbury v. Madison 5 U.S. (1 Cranch) 137 (1803)FactsMarbury was commissioned to serve as a judge by former president John Adam. The former Secretary of State and the present Chief Justice John Marshall failed to deliver the commission before President Thomas Jefferson started his term. The current Secretary of State‚ James Madison‚ under Jeffersons orders‚ did not deliver the commission. Marbury applied for a writ of mandamus to force Madison to deliver said commission. HoldingMarburys application
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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Maryland v. Shatzer‚ 559 U.S. 98 (2010) FACTS: In August of 2003 Detective Shane Blankenship‚ a social worker‚ was assigned to investigate and interview Michael Shatzer about claims that Shatzer had sexually abused his three year old son. At the time of the investigation Shatzer was incarcerated at Maryland Correctional Institution-Hagerstown for an unrelated child-sexual abuse offense. Before asking Shatzer any questions‚ Detective Blankenship informed Shatzer of his rights‚ Shatzer then obtained
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The Private Movie Co.‚ Inc. v. Pamela Lee Anderson et al. 1. What are the facts? The Private Movie Company (Efraim) sued Pamela Lee Anderson for $4.6 million for walking away from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The
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1. In the case of Bethel School District v. Fraser a lot happened. In my understanding there was a school event in which students gave speeches. The one student gave a speech with language unaccepted in the school‚ and got suspended‚ and was not allowed to be voted in for the election. The Father got angry and believed that his sons amendment rights were being violated. He felt like his sons first amendment right of freedom of speech was being withheld from him‚ along with his fourteenth amendment
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Morgan v. State of New York Facts: The claimant‚ Morgan‚ sustained severe physical injuries caused by an accident which occurred as he was driving a two person bobsled during a national championship race. Morgan was an experienced rider who had been bobsledding for over 20 years and had competed in the US Olympics. He also testified that he was familiar with this particular course and had raced on it many times prior to this race. The area where the accident occurred was recently reconstructed
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In the case US v. Calandra (1974)‚ Calandra was being questioned by the federal grand jury about loan sharking business. The reason the jury was asking these question were based on the evidence obtained at his company. Calandra didn’t want to answer any questions because he felt that the search of the company was an unlawful search and that it violated his fourth amendment exclusionary rule. The refusal to answer the grand jury‚ was what was being question about this case. Calandra felt like because
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Marbury v. Madison (1803) FACTS: In 1801 President John Adams in his last few weeks of Presidency appointed John Marshall as third chief justice of the United States to replace Oliver Ellsworth whom had resigned. The Senate confirmed Marshall but he also continued as secretary of state. Because of the Organic Act passed by the Federalist Congress‚ Adams had to appoint 42 justices of the peace for the District of Columbia. Within the election confusion Marshall who was the outgoing secretary
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In the case of Katz v. United states‚ 1967‚ The FBI agents acted on a suspicion that Katz maybe transmitting gambling information over the phone to other people in other states. Katz was using a public phone booth to conduct the transactions of information ("Findlaw’s United States Supreme Court Case And Opinions."). The FBI agents then proceeded to attach an eavesdropping device to the outside of the phone booth to record his conversations. With all the recoding that the FBI could get‚ they
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Joshua Upthegrove Case Brief: Elk Grove Unified School District v. Newdow FACTS: The Respondent Michael Newdow’s daughter attended school at the Elk Grove Unified School District in California. Elk Grove teachers began each school day with a recitation of the Pledge of Allegiance‚ including the words “under God” added by a 1954 Congressional Act. Newdow sued in federal district court in California‚ arguing that this violates the establishment clause of the U.S. Constitution’s First Amendment.
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