In Hilgendorf v. Hague the Supreme Court of Iowa determined that Hague had the power‚ but not the right‚ to terminate the agency relationship with Hilendorf (“Hilendorf‚” n.d.). An agency relationship can be terminated by an act of both parties‚ an unusual change of circumstances‚ impossibility of performance‚ and operation of law (Cheeseman‚ 2013‚ p. 393). In the case of Hilgendorf v. Hague‚ the contract was not terminated by an act of both parties‚ because Hilgendorf (agent) did not acquiesce
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Allen v. Totes/Isotoner Corporation. 123 Ohio St.3d 216‚ 2009-Ohio-4231 Facts of the Case: LaNisa Allen appealed the original judgment in favor of Totes/Isotoner Corporation on the issue of whether the Ohio Fair Employment Practices Act‚ as amended by the Pregnancy Discrimination Act‚ prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on
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Marbury v. Madison (1803‚ Marshall). The court established its role as the arbiter of the constitutionality of federal laws‚ the principle is known as judicial review Fletcher v. Peck (1810‚ Marshall). The decision stems from the Yazoo land cases‚ 1803‚ and upholds the sanctity of contracts. McCulloch v. Maryland (1819‚ Marshall). The Court ruled that states cannot tax the federal government‚ i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the
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Civ Pro II I. Joinder A. Joinder By ∆s: 3d Party Claims (Impleader Rule 14) 1. Cases a. Price v. CTB – Latco moved to file a 3rd party complaint against ITW who designed the nails used in the chicken house. Can implead under Rule 14 against someone who may be liable “A 3rd party claim will not be permitted when it is based upon a separate & independent claim. Rather‚ the 3rd party liability must in some way be derivative of the original claim; a 3rd party may be impleaded
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estimate the value of the card. The expert said that even in a tough economy the card would likely bring $80‚000 at public auction. Mrs. Covington brings an equitable action to rescind the contract‚ get her card back and return the $1 to Michael. Case: Elizabeth Covington vs. Michael Ferrell (2010) Facts: Elizabeth Covington versus Michael Ferrell. Plaintiff: Elizabeth Covington brings an equitable action movement to court against Michael Ferrell to receive legal relief for Michael Ferrell having
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themselves when they heard the case of Illinois v. Wardlow on the date of November 2‚ 1999. A few things happened in the U.S. government in 1999. In January‚ Bill Clinton’s impeachment trial began. Clinton would later be acquitted in February. In March‚ the Supreme Court upheld the murder convictions of Timothy McVeigh for the Oklahoma City bombing. The case would become important because it expanded the ruling of a police stop and frisk. This means that the case set a new precedent. The
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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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Hurst v. Florida 577 US _ (2016) 2. The petitioner‚ Timothy Hurst‚ was convicted of first degree murder and the jury recommended the death penalty to the judge in Florida‚ who then sentenced Hurst to death. Hurst appealed to the Florida Supreme Court and was granted resentencing. The Florida Supreme Court rejected Hurst’s argument and reaffirmed his sentence. The Supreme Court of the United States granted certiorari. 3. Hurst had bound‚ gagged‚ and then stabbed his coworker over 60 times during
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Legal Memorandum vs. Case Brief A case brief is a short summary of a reported case. Students write case briefs to summarize cases they have read for class to keep track of the large number of cases students are required to read and analyze. During legal research case briefs serve to help the researcher keep track of the cases read and analyzed and can serve as the foundation for legal arguments in trial briefs or other documents filed with the court. Basically‚ a case brief summarizes the components
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In Wilson v. Arkansas‚ 514 U.S. 927‚ 934‚ 133 L. Ed. 2d 976‚ 115 S. Ct. 1914 (1195)‚ this court recognized that the “flexible requirement of reasonableness should not be read to mandate a rigid rule of announcement that ignores countervailing law enforcement interests
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