Assignment 2 Issue: Under the state’s tort law‚ does forgery occur when an individual finds a check written out to cash‚ and was there any intent to injure or defraud. Rule of law: Under Section 30-236 of the state penal code defines forgery as “falsely making or altering any signature to‚ or any part of‚ any written purporting to have any legal efficacy with intent to injure or defraud.” Section 45-3-109d of the state Commercial Code provides that when a negotiable instrument is made out to cash
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Caption and Procedural History Marbury v. Madison‚ Supreme Court of the United States‚ 1803 Justice Marshall wrote the majority opinion; he was joined by Paterson‚ Chase‚ and Washington. Justice Cushing and Moore did not participate. This case was originally tried in the Supreme Court of the Unites States. Marbury requested the Supreme the Court issue a writ of mandamus to compel James Madison to deliver the commissions issued by former President John Adams. 2. Facts Just before finishing his
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The case Brandy V Human Rights and Equal Opportunity Commission challenges the constitutional validity of the scheme for the enforcement of Human Rights and Equal Opportunity Commission (HREOC) determination under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had decided that since HREOC was not constituted as a court according to Chapter III of the Constitution‚ and therefore was not able to exercise judicial power of commonwealth and enforce any subsequent decisions. The
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DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY‚ LUCKNOW 2012-13 FINAL DRAFT ON BIRD v JONES Under The Guidance Of: Submitted by: ( ) ( ) Mr. Shashank Shekhar Assistant Professor Roll
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Tennessee v Garner refers to using “all necessary means to effect the arrest” in the case of a suspect fleeing or forcibly resisting (FindLaw‚ n.d.). With this Tennessee statute‚ there are some stipulations (FindLaw‚ n.d.). There must be a belief that the suspect will act in a manner which would cause serious physical harm or death to others (FindLaw‚ n.d.). The amount of forced used must be in balance with the crime committed and how imminent harm is likely to occur (FindLaw‚ n.d.). Two police
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Mapp v. Ohio‚ 1961 According to the Court’s decision‚ why may illegally seized evidence not be used in a trial? Justice Tom C. Clark wrote on the courts behalf saying that it was logically and constitutionally necessary that the exclusion doctrine be insisted upon‚ even in the states. This doctrine is essential to the right of privacy‚ therefore evidence that is found illegally without a warrant must not be used in a trial‚ for this would be unconstitutional. Why‚ according to Justice
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Mounties haven’t done anything dangerous or victorious‚ but they are known for their fairness to Indians who seek refuge in their country‚ and that is how I see Sarah Vowell reversing her friends’ assertion that Canadian history “isn’t inspiring”. 2. I think Sarah Vowell was expecting her readers not to be so surprised that Americans don’t really think about Canada at all. Canada isn’t really considered a threat to America because it’s such a peaceful and harmless country. Sara vowell even mentions
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Loving v. Virginia Loving v. Virginia tells me in this case that the Constitution of the United States then were unfair and unjust to the Loving Family. Here we have two people of different race‚ obviously in love and married. Although the state of Virginia had its own objective concerning interracial marriages‚ I feel that our Constitution should have enforced what laws were emplaced within The Constitution of the United States. That’s why they were written to protect and to keep good law and
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Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee‚ 1996) On January 5‚ 1993‚ Tracie Reeves and Molly Coffman‚ spoke on the telephone and decided to kill their homeroom teacher‚ Janice Geiger. Reeves and Coffman were both twelve years old and were students at West Carroll Middle School. They planned that Coffman would bring rat poison to school the following days and it would be put in Geiger’s drink. After that‚ the two would steal Geiger’s vehicle and drive to the Smoky Mountains
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Business Law Case Study 4/16/10 Liebeck V McDonald’s Corporation The case of Liebeck V McDonald’s Corporation also known as “The McDonald’s coffee case” is a well known court case which caused a lot of controversy. In February of 1992‚ Stella Liebeck‚ a 79 year old woman from Albuquerque‚ New Mexico sued McDonald’s Corporation for suffering third-degree burns from their product. Mrs. Liebeck and her grandson visited a local McDonald’s drive-thru and ordered a cup of coffee. After pulling away
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