Arshiya Qasba 20141036 B.A LLB section ‘A’ Case: McGuire v. Almy CASE BRIEF Facts: Mcguire‚ a nurse (P) was hired to take care of Almy (D)‚ a mentally unfit person. One day while D was locked up in the room‚ he became violent. P entered the room and saw D holding the leg of a chair in her hand as if she was going to hit someone. The P tried to grab it from D. D struck the P with it and injured her. P sued D for charges of assault and battery
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R. v Burns case Brief Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State. In a confession to an undercover RCMP officer in British Columbia‚ posing as a mob boss‚ it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths. It is claimed that Burns beat the victims with a baseball bat while Rafay watched (para.10). They
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Final Exam Case Brief Padilla v. Kentucky The question here is whether or not the petitioner‚ Jose Padilla‚ will be deported on account that he had plead guilty to a crime but allegedly had his sixth amendment right violated. There are multiply issues here. The first issue here is Padilla plead guilty to a drug offense that took place in the United States. The second issue is he claims his counsel did not inform him about the consequences of his plea bargain and he was misinformed about the possibility
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MEMORANDUM OF LAW To: Kimberly D. Beard‚ Esq. From: Laura Gardner Re: Brandon Berry‚ State of Georgia v. Berry Date: February 27‚ 2013 QUESTIONS PRESENTED I. Can the Defendant be Charged With Cruelty to Children When the Child Was Not in the Defendant’s Care? II. Can the Defendant be Charged With Cruelty to Children When the Elements Have Not Been Met? STATEMENT OF FACTS On June 16‚ 1998 Jamie June (Jamie) completed a detox program for alcohol abuse and she then started Alcoholics
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Schmerber v. California Case Brief Schmerber v. California 384 U.S. 757 (1966) FACTS: Armando Schmerber‚ the petitioner‚ had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment‚ a police officer smelled liquor on petitioner’s breath and noticed other symptoms of drunkenness so the officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as
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Brief of McCart v H&R Block‚ Inc. Case Name‚ Citation‚ and Court Robert McCart and June McCart‚ v. H &R Block. Inc. 470 N.E.2d 756; 1984 Ind. App. LEXIS 3039 Court of Appeals of Indiana‚ Third District Key Facts Mr. McCart opened a tax preparation business and executed a contract with Block to be a district manager‚ which precluded him from operating a tax business in the same city. McCart then issued the city franchise to his wife. Years later‚ the wife signed a new franchise agreement
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Vian v. Carey Case Brief: Facts: Defendant Mariah Carey is a famous‚ successful‚ and wealth entertainer. Plaintiff Joseph Vian who used to be Carey stepfather is suing her. Vian claimed to have orally agreed with Carey to market singing dolls in her likeness. History: A motion of summary was given after the U.S. District court of New York saw the case. Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract Holding: Under the law of New York
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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied on the
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1. Mapp v. Ohio‚ 170 Ohio St. 427‚ 166 N. E. 2d 387‚ reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said‚ “even if the search were made without authority‚ otherwise unreasonably‚ it is not prevented
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