IN THE COURT OF APPEAL CRIMINAL DIVISION ON APPEAL FROM THE CROWN COURT BETWEEN: BILLY Appellant -and- R Respondent __________________________________________ APPELLANT’S SKELETON ARGUMENT __________________________________________
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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
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1.) The legal issue in R V Brown case that the house of lord had to determine was "Is consent a defence to an assault causing grievous bodily harm" This is a case of sado-masochism where the group of men were engaged in act of violence against each other particularly on their genital parts‚ by branding or genital torture for sexual pleasure. The victims in each case consented to this ritual (activity) and didn’t suffer any permanent injury. Each of the defendants faced assault ABH charges and unlawful
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In the state of Ohio‚ the courts have taken a pro-business approach‚ at least regarding the nursing home industry‚ as is evidenced‚ by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case‚ the case involved a lawsuit filed against The Oakridge Home‚ an Ohio nursing home‚ by a former resident‚ Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home‚ she suffered serious injuries in a fall and that the fall was the result of negligence
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Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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Zippittelli v. J.C. Penney Company‚ Inc. 1 Zippittelli v. J.C. Penney Company Michelle White Professor Laura Hansen-Brown August 23‚ 2012 ZIPPITTELLI V. J.C. PENNEY COMPANY 2 Summary This was a case brought to action by Joanne Zippittelli against her employer‚ J.C. Penney Company. Zippittelli testified that she was one of four women who applied for a position within the company and she was overlooked for the job due to her age. All four women had the same job title and
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Case Critique: Tesco Supermarkets Ltd. v Nattrass [1972] A.C. 153 The Case of Tesco Supermarket Ltd v Natrass is a well-known case based on the Trade Description Act (1968). The case was about a well-known supermarket firm (Tesco Ltd) and a customer‚ Mr. Coane an old pensioner. Tesco had a special offer for the sale of Radian washing powder‚ which was advertised on posters displayed in stores. The normal price of the product was 3s 11d and they were selling it for 2s 11d. Miss Rogers‚ shop assistance
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treatment to treat the problem they believe is controlling their life‚ or a form of guidance. Throughout the following essay we will be considering the case of Tarasoff v. Regents of the University of California and discuss why the following case is important to mental health clinicians. Along with describing the violence risk assessment
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value of an individual’s property. In order to exercise this jurisdiction‚ the plaintiff must have seized and attached the property. In an effort to expand jurisdiction‚ the court instituted the minimum contacts test. This test was expanded by Hess v. Pawloski‚ when a Massachusetts court determined that due his activities within the state‚ a nonresident of Massachusetts was still subject to the court’s jurisdiction‚ regarding a suit for a traffic accident. The court held that use of a state’s highways
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or the remarriage of the party receiving maintenance." In the case of Kathy I. Palmer‚ Petitioner/Appellee‚ v. Sydney N. Palmer‚ Respondent/Appellant‚ Sydney (husband) referenced the above statute when filing for termination of spousal maintenance. The court had to consider whether a specified end date in the Decree took precedence over the general interpretation of the law. Facts of the Case: Palmer v. Palmer The facts of this case are as follows: The marriage between Palmer and Palmer was dissolved
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