Appeal Case Studies Samples For Students

The decision taken by the Court of Special Appeals was to reverse the judgment that had been previously made in the case of Hovnanian Land Investment Group vs. Annapolis Towne Centre. The intermediate court had made the decision by determining that that the existence of a “non-waiver” clause was not dispositive for the waiver inquiry, the determination is a factual one which requires resolution of inferences and disputes. Taking the judgment positively the court was able to and the legal principles in which the court made its decision was the existence of waiver clauses. This judgment was also beneficial in ...

- What is the difference between a fad and an enduring product?
A fad is a trend that is wildly popular, but short-lived. Bergman (n.d) defines a fad as “irrational imitative behavior”. The Hula Hoop, which gained massive popularity sometime after its commercialization, is a good example of a fad. According to Talwar (2013), cultural, social, individual, and psychological reasons influence consumer purchases. The combination of these issues fuels fads. There are several characteristics of a fad. A fad has descriptive and “career” traits (Bergman n.d). In terms of descriptive traits, a fad should be homogenous, novel, and odd (Bergman, n.d). In terms of the ...

Katz v. United States (1967)

In 1967, the security agents, FBI arrested Katz and charged him for conducting illicit gambling activities from California to Boston and Miami. The FBI placed a listening and recording gadget on the telephone booth and listened to Katz illegal conversation. In the Southern District Court found Katz guilty and sentenced him. The defendant appealed against the case, but the court of Appeal affirmed the charges. Katz appealed for his case to be ruled by the Supreme Court.

Issue

The issue, which Katz seeks a review of the ruling is the government has no right to wire-tape a public ...

In this paper, we will look at the case between Australia Securities and Investments Commission (ASIC) and Peter James Shafron. The case comes by from the employment of Mr. Shafron in 1998 as general counsel and company secretary of James Hardie Industries Ltd (JHIL). A year later, Mr. Donald Cameron was then appointed joint secretary with Mr. Shafron.
The court of appeal found that Mr. Shafron had contravened s 180(1) of the Corporations Act 2001 (Cth) in two respects that are put in issue in the appeal. Both the contraventions were those of omission: failing to give ...

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.
467 U.S. 837 (1984)
Facts: The Clean Air Act Amendments of 1977 required some of the states which have not yet conformed to the national air quality standards of the EPA to comply with the set standards pursuant to the unamended Clean Air Act. The EPA enacted regulations which interpreted the term “stationary source” to permit the other states to treat all of the pollution-emitting devices coming from similar industrial group ...

The name of this case is stated as R.V WILLIAMS. This case is basically a case where it is presented as Victor Daniel Williams V Her Majesty the Queen. The interveners into this case
Included the Attorney General of Canada, Attorney General for Ontario, Aboriginal Legal services of Toronto Inc, the African Canadian Legal Clinic, the Urban Alliance on Race relations as well as the criminal Lawyers’ Association which was based in Ontario. This case report was obtained from File No.24 June the 4th in the year 1998.The people present when the case was presented includes: Lamer C.J, Gonthier, ...

Where a defendant has no defense to a claim, the plaintiff is entitled to seek summary judgment. This is provided under Order 14 of the RHC. It is a summary procedure and the court issues an order that is enforceable like an order obtained after a full trial.
The major requirement under Order 14 it is that the defendant has no defense to the plaintiff’s claim. Helen’s claim satisfies this initial requirement. Because she supplied IPhone covers pursuant to an order. Shifty has not complained of any defects or returned any owing to them being un-merchantable. Shifty thus has no ...

Shack ford and Goach Inc. et al v. the Town of Kennebunk et al
Facts of the Case: The plaintiff appeals the York County superior Court’s decision to order Kennebunk Zoning Board a permit to B & B Costal Enterprises to construct a deck on its roof of B and B Restaurant.
Procedural History: The case was first presented to Kennebunk zoning Board of Appeals on 10/06/82 to ascertain if the deck had met the requirements of the ordinance the case was later taken to the superior court in 1983. It ordered the Board to issue a permit to the ...

Question 1.

The Supreme Court of New South Wales is the highest court of the state, with the unlimited civil jurisdiction. The Court has appellate and trial jurisdictions, in addition to the jurisdiction granted by specific statutes. The Court acts as a supervisor over other NSW courts and tribunals. (Supreme Court NSW)
Mental Health Review Tribunal is a non-judicial tribunal established under the Mental Health Act 2007 NSW. The Tribunal has a wide authority to conduct various inquiries in the field of mental health, issue orders, hear appeals regarding the treatment of people with a mental illness. The Tribunal has the ...

Citation: Toyota Motor Mfg., Ky., Inc. v. Williams, 534 US 184 (2002).
Procedural History
Who is appealing on what issues?
The petitioner to the United States Supreme Court is Toyota Motor Manufacturing, Kentucky. They are appealing a decision by the Court of Appeals of the Sixth Circuit that Williams’ impairments substantially limited her in the major life activity of performing manual tasks, thus meeting the definition of “disabled” under the American Disabilities Act (ADA). In particular, they are asserting that the Court of Appeals applied an improper standard in making that determination.
What happened in the ...

U.S. 211, Addyston Pipe and Steel Company v. U.S. (1899)
U.S. 211, Addyston Pipe and Steel Company v. U.S. (1899)
1. Provision of the Antitrust Laws
The provisions invoked in the case were sections one and two of the Sherman Act, 1890. The provisions illegalized any persons or group of persons who shall in one way or another conduct themselves in a manner that would restrain trade. The conduct includes matters of contract and or trusts. In addition, the Constitutional clause on commercial transactions between states was also invoked as being ancillary to the matters at hand.
...

Ottawa (City) v. Minto Communities Inc., 2009 Can LII 65802 (ON SCDC)

The City of Ottawa was the appellant, and the Minto Communities was the respondent. The Minto Community had applied to the City of Ottawa to amend the Manotick Secondary Plan that was part of the Official Plan of Ottawa city. The Council was against the amendment of the Plan, which led to the Minto Community filing for an appeal to the Ontario Municipal Board claiming the Planning Act stated that it was their right. The Board held in favor of the Community allowing the council to amend ...

Chinese is one of the world's unique cultures. Being Chinese does not necessarily mean that one was born in China, but rather, they practice the Chinese Culture. In China, the national identity and psychology are determined by the cultural values that the people hold. In the country, public opinion is always given the priority before state leaders can go ahead to make any decision regarding the welfare of the nation (LuWang & Lin, 2010). In China, according to Chen (2005), the major cultural values that influence the nation’s people include filial piety, harmony, loyalty, benevolence, honesty, righteousness, wisdom, and ...

Factual Background

The Respondent in this matter, Abel and his friends were indicted with bank robbery in the District Court, with his cohorts pleading guilty to the charge as framed. The respondent however, denied the offence and the matter went for trial whereby one of the cohorts named Ehle agreed to testify against him. The respondent then made known to the court of his intention to discredit the testimony by Ehle by calling a witness named Mills who would testify to the effect that Ehle had admitted to him that he intended to implicate the respondent so as to obtain favorable treatment ...

Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)
Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)

The appellant was John D. Ashcroft who served as the United States of America Attorney General between 2001 and 2005. In response to the appeal were, Abdullah al-Kidd, first Respondent, and The American Civil Liberties Union, second Respondent.

Facts

Abdullah al-Kidd was an America citizen, then a student at the University of Idaho where he even played football for the University. He converted into Islam during the course of his studies. In 2003, Abdullah opted to study Islamic law and religion in Saudi Arabia ...

Introduction

Zip car organization was a business that was established for sharing cars with its roots in Boston. The business was established from a financial model and business structure that would allow it to take off as a start-up. Following later operations lessons and new information, the business revised and developed another finance and business structure design that would improve their performance and growth. The business aimed to expand to the rest of the nation and across the globe. The writer will explore the original financial and business plan formulated by the business. The author will analyze the second financial ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court
The Supreme Court of the United States
The Judge Writing the Decision
Justice Ruth Bader Ginsburg
Facts of the Case/Brief Summary
The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

Sheila Renee White MAYO, Individually and as Administratixof her Minor Children, Rina Mayo, Jaclyn Mayo andPaige Mayo, Plaintiffs-Appellants,v.HYATT CORPORATION, Defendant-Appellee.
No. 89-3576Summary Calendar.

Background Information
The case was a collective petition from Sheila Renee Mayo along with her three minor children. It was an appeal case based on the district court’s summary dismissal of their case on grounds of insufficient evidence to support the claim. The claimants had sued the Hyatt Corporation, through Hyatt for the death of Jack Mayo the husband and father of the petitioners consecutively. The district courts found the deceased 100 per cent ...

Abstract

Steven Dewayne Bond was a passenger on a Greyhound bus when a border patrol officer squeezed his luggage after conducted an immigration check of the passengers. Bond allowed the officer to open his luggage when asked, and a brick of methamphetamine was discovered that was wrapped in duct tape and rolled in a pair of pants. Bond was charged with possession and intent to distribute as well as conspiracy. In pretrial matters, Bond’s attorney filed a motion to suppress the methamphetamine claiming that the search conducted by the officer was unreasonable and in violation of the Fourth Amendment. ...

Question 1

In the first instance, the case was heard in Melbourne. Regarding the nature of dispute Willet had been a Senior Detective Constable and worked at the Victorian Police Force. She suffered from a depressive disorder that was depressive because she had been subjected to harassment and bullying when working at the police force. She was awarded damages amounting to $106,000 by the jury to compensate have for losing the enjoyment of life and suffering. After appealing to the Supreme Court, the damages were increased to $250,000.Medical evidence showed that the harassment and bullying contributed to Willet's mental ...

Identification of Crimes and Defenses

Fact Summary: After taking cocaine, Nino and Bill decide they want more. Nino comes up with an idea to “scam” some more from Thomas, the boyfriend of Bill’s sister. On the way to Thomas’ house, Nino explains the details of the scam to Bill. Before arriving however, Nino drops will off and gives him a steak knife and tells him, “I may need protection.” After waiting 45 minutes, Bill walks to Thomas’ house and knocks on the door. Nino rushes out and begins beating him and cursing him for not keeping to the plan. In the process of beating ...

Section I. Circle the letter of the most appropriate answer.
1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States:
a. The First Amendment.
b. The Fifth Amendment.
c. The Fourth Amendment.
d. None of the above.
2. “Substantive due process” refers to those procedures:
a. that are expressly enumerated within the four corners of the United States Constitution.
b. that are not expressly enumerated by the ...

Federal Trade Commission V. Morton Salt Co. 334 U.S. 37 (1948)

Question One: Abstract

The Federal Trade Commission v. Morton Salt Cocase is a US antitrust landmark case. The respondent, a salt manufacturer, sold one of its brands on a standard discount system under which only few large-scale firms qualified. The Commission then issued a cease and desist order against the respondents herein having found them liable in price discrimination contrary to section 2 of the Clayton Act as amended by the Robinson-Patman Act. The respondent petitioned to the Circuit court of Appeal which quashed the Commission’s decision. Thereafter, the Commission appealed to the Supreme ...

886 F.2d 14
28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee
No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

505 U.S. 833 (1992)

George L Smith

Dr. Thompson
I. Introduction
In the 1973 case Roe v. Wade, the United States Supreme Court held that the Fourteenth Amendment guaranteed that a woman has a constitutional right to decide whether or not she wants to have an abortion. Prior to the decision, most states had prohibited abortions other than in the case where a pregnancy was dangerous to the woman’s health. In finding that a woman has a right to choose, the Court held that the choice was a private decision that the state had no authority to interfere with, at least ...

Identify

The relevant legal issue in the case study is whether a binding contract existed between Rosa and Basil. The facts indicate that Basil intended to purchase a table from Rosa. He even sent her a letter of confirmation. However, after seeing another piece of furniture on offer, he decided to buy that one instead and declined Rosa’s offer, via voicemail. Rosa insists that Basil enacted a binding contract for the purchase of her table. Through the application of relevant legal knowledge, this article will identify whether or not the issue raised by Rosa is valid enough to exercise ...

Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts
Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the expert opinion, ...

1. What Segmentation Bases Could Be Used By An International Milk Brand To Segment And Target The Chinese Market?
The Chinese population provides a mass market to any international organization especially the milk producing companies (Rodgers, 2001). The term mass market is used to refer to the Chinese market due to its nature. The market is undifferentiated with the consumers found to have wide but varied backgrounds. This provides an opportunity to any multinational organization with the intention of penetrating the Chinese. For the milk producing companies, there are a number of strategies they can employ in segmenting the Chinese ...

People v. Poplar 20 Mich. App. 132, 173 N.W.2d 732 (1970) was an appeal filed in the Michigan Appellate Court by Marathon Poplar seeking to set aside a conviction of lower court that had found him guilty of aiding and abetting the crime of breaking and entering and of assault with intent to commit murder. The facts of the case which gave rise to the appeal are as follows.
On December 3, 1964 in the early morning hours, two men, Clifford Lorrick and Alfred Williams broke into the Oak recreation park building. However, before they could steal anything from ...

Executive Summary

Nestle S.A. is a Swiss multinational company dealing with health-related consumer and nutritional goods. In the food processing industry, the company is presently the largest in the whole world in terms of revenues and employs approximately 328,000 workers (Hill and Jones, 2012, p. 13)). This paper will focus on its subsidiary, Nestle Italy, a Milan based company that has failed to register impressive results in terms of market penetration despite the company spending millions of dollars in advertising campaigns. At one point, the subsidiary even lowered the price by 14 % to experiment if it would capture loyal customers. ...

Re: Main Issues Involved in Key United States Supreme Court Cases

Since 1963, the United States Supreme Court has taken an expansive view of Due Process as it applies to criminal defendants. A number of important Supreme Court decisions have addressed the scope of a Prosecutor’s constitutional duties in light of the Due Process Clause of the Fourteenth Amendment. Although the Prosecutor stands in an adversarial position to the criminal defendant, the Prosecutor is sometimes required to disclose various forms of evidence that may be favorable to the defendant. These cases touch upon the delicate balance between a vigorous Prosecution and the defendant’s right to a fair trial ...

Dear Colleagues,

Last year we did grate and crossed vehicle sales level of 200,000 and Audi brand is as powerful as ever. However, the Audi A5 model line is among the outsiders, its YTD lost reached 22%. Still we should not give up, it has hidden potential. Thus, it is time to broad our horizons and to start a new era for Audi A5
I am sure that you know about the recent success of Volvo S60. Their concept was somehow revolutionary as this model was turned from the “old-fashioned slob” into lifestyle vehicle, which suits both young active and ...

Understanding How they Include Consumer Behavior Issues in their

Management and Marketing Mix Operations
Introduction
Trendy, hip and classy; all these three specifically different descriptions of what fashion-bags are all about could describe the very products offered by the Bag Borrow or Steal online company. The organization offers a unique concept for those who want to engage with their business. One is through actually buying the product they offer, another is through the rent program and the last option is to actually resell the bags to another market likely making an alliance with the company through retail agreement. These options are specifically created by the company to ...

Brief of Mapp v. Ohio (1961)

Decided
Decided June 19, 1961
Character of Action
The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

<Law>
<Tutor>
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The Flitland Crown Court convicted Dr. Arthur Jones for the crime of murder for withdrawal of life-support treatment to premature-born Baby X. Prior to his conviction, Dr. Jones did not dispute the antecedent facts that led to the death of Baby X. He reasoned out that the offense was committed to give way for the more viable Baby Y. There was only one available life-support system, and the question was, to whom he should administer the life-support treatment, to less viable Baby X or to more viable Baby Y?
...

Using someone’s credit card without card owner’s permission is an offense. If it used accidentally and after realizing the same, card owner is compensated accordingly then the act may not be punishable but in case where the card is used several times without permission of credit card owner, the said act amounts to theft. The amount used, and frequency of using such stolen cards is taken into account by courts while deciding the guilt and punishment in such cases. Facts and circumstances of every case are observed in totality and then it is decided that any act ...

Court of Appeals of Minnesota

A04-2308 (2005)

Actions

Cassandra Jenkins disputes the verdict made by the senior unemployment review judge which upholds the resolution by the unemployment law judge. This led to her disqualification of getting unemployment benefits since she was expelled for misdemeanors.

Facts

Jenkins sued the American Express Financial Corporation for lack of calling and verifying her service bound by Minn. Stat. $ 631.425. She argues that her nonattendance from job under the given situation should not amount to misconduct. However, the ruling was made in favor of the American Express Financial Corporation.

Trial Court

The Court of Appeals ruled in favor of American Express Financial Corporation ...

Supreme Court of the United States

ISSUE: Whether police authorities may lawfully enter a private property without a warrant if they have a valid cause or reason to believe that the occupants are seriously harmed or imminently threatened by any sort of injury.

SUBSTANTATIVE FACTS:

After receiving a call regarding a loud party in a residential area, the four police officers responded to investigate.
The police authorities witnessed an altercation happening in the kitchen of the house involving a juvenile and a couple of adult men.
As soon as the juvenile have freed himself from the struggle, he swung a fist and it landed on the face of one of the adults. The blow ...

Eric Schlosser tries to inform the reader on the effects consumption of meat from growth hormone boosted animals and genetically modified foods. He also explains about the impact of these foods to the food business generally, to the population’s health, to food supply, and to the environment. Schlosser advocates that Americans need to stop eating fast food since they have negative effects on human health, animal health, and the environment directly or indirectly and he uses a tactful approach of appealing to emotions, logic, and ethics in arguing his points.
When appealing to emotion, Schlosser describes the poor ...

Select TWO products from the list of product categories below and using the teaching materials and any additional research explain what you think would be an appropriate promotions strategy for both them. In doing so compare and contrast the two promotions strategies explaining why you think they would be similar or different.

Coca Cola targets every potential customer who is thirsty. The company targets all age groups but the most potential is the age group from 18-25 years. This group covers more than 40% of the total age segments. The major segments basically include people who drink Coke daily ...

The case analysis looks at the characteristics of the Optical Distortion Inc. (ODI) innovative contact lens for chickens and why the product is appealing to chicken farmers. The case analysis also reviews the most appropriate geographical areas that Optical Distortion Inc. (ODI) needs to have its efforts focused on for quicker return on its innovative product. Appropriate market segments as well as the pricing policy that should be adopted by the company are also highlighted. Lastly, the analysis examines the level of marketing efforts that ODI should consider to help it gain a larger market share.

The ODI contact lens ...

[Affiliate Institution]

What Happens Immediately to Charlie

With two distinct suspension packages in a row adding up to 13 days, the immediate implication would be a change of Chrlie’s placement. This would involve movement from his current placement to an IEAS (Küpper & Rebhorn, 2007). The choice for an IEAS for Charlie’s placement will solely be left to his IEP team, after which he would be removed after the decision is made (Zehler et al., 2003). Charlie would have to remain in his IEP’s choice IAES pending manifestation determination and his removal from his current placement.

Services That Will Be Provided To Charlie While He Is Removed To an IAES Education Setting

During Charlie’s placement in ...

(1). Dedicated e-book reading devices offer consumers a number of advantages. First, they provide a means to store and carry a library’s worth of reading material in a small, lightweight, and portable device thereby allowing readers to access their reading materials anywhere at any time. Second, with Internet access, e-book readers provide reader with the ability to search out, browse, and buy reading material instantly without the needed to go to the bookstore. Third, e-book readers are much cheaper than traditional paper books, thereby saving readers money. Additionally, e-books readers allow readers to share books with others effortlessly ...

For Question #1

Harley-Davidson is one of the most popular, yet could be one of the dominant players when it comes to selling motorbikes. However, for the past year, the company’s stock price went down as well as the market share within the large motorcycle category in the U.S. market. Harley-Davidson wanted to reposition itself and its products due to various reasons. Primarily, the company was negatively affected by the recent issues about defective bikes that resulted to recalls of the company’s motorcycle models (Hagerty n.p.). Such event did not help Harley-Davidson in sustaining its market position, as it provides ...

Compare and contrast two legal cases

Liebeck v. McDonald's Restaurants
The first fact, in this case, is that the coffee that was served at McDonalds had a temperature that was between 180 and 190 degrees Fahrenheit. For a long time, the company had known that they had been serving coffee that was twenty to thirty-degree hotter than the coffee that was served in other restaurants. In the previous ten years, the company had been sued over 700 times, but McDonalds had not taken the necessary steps to lower the temperature of the coffee that they served.
The second fact, in this case, was that the ...

In the past few years Abercrombie & Fitch had to decide how to adjust their marketing strategy despite the growing net sales and overall positive figures. There are two key problems: how to grow sales in the future and with which market segments to work.
A&F was founded more than a century ago and went through bankruptcy in 1977, but now it is a well-known company that own four brands: Abercrombie Kids, Abercrombie and Fitch, Hollister and Gilly Hicks. By 2012 the company maintained over 1,000 stores in the USA and overseas. In-store marketing is of the highest importance ...

Citation: State of Arizona v. ASARCO, No. 11 – 17484, (December 10, 2014), United States Court for Appeals for the Ninth Circuit.

Facts: The Plaintiff Angela Aguilar was employed at a mill facility of the defendant ASARCO, a huge copper mining company, located in Sauharita, Arizona, on December 2005. In the course of the eleven months she worked at the mill factory, Aguilera contended she suffered multiple instances of sexual harassment by supervisors and co-workers regardless of her complaints to the Human Resources Department of ASARCO and at least one manager in the factory. Angela Aguilar filed claims for sexual harassment ...

Miranda v. Arizona

Introduction
In this case pitting Miranda and Arizona in 1966, the US Supreme Court had ruled that a criminal suspect who was under detainment had the right to be informed of the available Constitutional rights (Inbau, and Fred 1450. This was to be carried out preceding any form of questioning and the defendant was to be informed of the right to engage an attorney and against any form of self-accusation. This legal redress commenced in the early 1963 when Ernesto Miranda, a US Citizen from Phoenix was arrested and charged with several counts of offences ranging from cases of rape ...

Elements of the crime

Orr was arrested over an arson charge at a place called Atascadero. In order for the prosecution to prove that he was the person responsible for the crime, the following elements were identified. In this case, the prosecution provided both the Actus Reus and the Mens Rea element in their bid to charge Mr. Orr for the offense. On the Actus Reus section, the following factors were associated with the arson that Mr. Orr was under accusation. The factors included the physical manifestations that placed him on a probability scale of being the mastermind in setting the place ablaze.

Actus Reus

The prosecution ...

Town of Castle Rock v. Gonzales, 125 S. Ct. 2796 (2005)

Type of Action

The type of action in this case was in issue.
Facts of the Case
Jessica Gonzales the plaintiff in the case was a woman who had undergone some form of Separation. She and her husband were estranged and she managed to get a restraining order to keep her violent estranged husband away from her. The husband managed to disobey the restraining order and when she went to the police station complaining that her husband was violating the restraining order that had been issued by the court. One time, ...

U.S. v. Waldon

The decision in this case is an affirmation of the United States Court of Appeals of the decision rendered by an inferior court concerning the death sentence of the appellant. The defendant sought the reversal of the death penalty passed on him by relying on some irregularities committed by the grand jury. The appellant claimed the trial judge acted contrary to the language used in the Federal Death Penalty Act (FDPA).

Facts of the Case

Waldon was the deputy sheriff at Jacksonville’s Sheriff Office (JSO). Between 1994 and1997 he served on the SWAT team. In April 1197, Waldon was ...

Minnesota v. Carter525 U.S. 83 (1998)
This was a case against a man called Carter. It was a case that was argued and also decided in the year 1998 by the supreme court of Minnesota. The case involved a police officer finding out Carter together with John's activities that involved packaging of drugs, to be specific cocaine. The police officer found this out by peeping through a gap on the window of the apartment Carter, and John were at the time. They were arrested by the officer, charged and convicted with offenses involving drugs. However, a particular issue arose from this case by the ...

Type of Action

The case is a review by the United States Court of Appeals on an inferior court’s ruling providing for the apparent denial of partial summary judgment and the dismissal on summary judgment requested by the appellant.

Facts of the case

Daniels, a police officer in Arlington used to work in the plain clothes department. Daniels used to wear a gold cross pin as a symbol of his evangelical Christianity. He was transferred to a uniformed division that did not require him to wear a gold cross pin. Arlington Police Department General Order 205 required any officer seeking to wear a pin to get written permission directly from the police ...

ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW, NO. 02-1624
Elk Grove Unified School District v. Newdow, No. 02-1624

Introduction

On 24th march, 2004 the case between Elk Grove Unified School District and Newdow was heard in the U.S supreme court. The court was to determine and rule on two essential issues concerning the case. The Supreme Court was therefore to determine whether Newdow who was the plaintiff and a noncustodial parent had standing in challenging recitation of the pledge by Elk Grove Unified School District. If the court ruled in favor of the plaintiff then, it was also to determine ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

Summary

The 1872 case, In Re Slaughter-House Cases, 83 U.S. 36 (1872) [83 U.S. 36 (Wall.)], the U.S. Supreme Court in response to appeal of Supreme Court of Louisiana decision on three cases reviewed under “An act to protect the health of the City of New Orleans, to locate the stock landings and slaughter-houses, and to incorporate 'The Crescent City Live-Stock Landing and Slaughter- House Company" enacted 8 March 1869, and enforced 1 June the same year offers precedent to municipal ordinances for the control of keeping or slaughter “any cattle, beeves, calves, sheep, swine, or other animals, or to ...

Miranda v. Arizona, Terry v. Ohio

The case involves an appeal in the U.S. Supreme Court against conviction of Ernest Miranda for rape and kidnapping of a young woman and sentencing him for 20 to 30 years of imprisonment on each charge to run concurrently.

Facts of the case

Ernest Miranda, a young Mexican man about 28 years old, kidnapped and raped an 18-year old woman Lois Ann Jameson while she had been returning home from Paramount Theater in downtown Phoenix where she worked along with a coworker and after she got down from the bus alone. After complaining to the police, Lois could not identify ...

346 U.S. 537, Theater Enterprises, Inc. v. Paramount Film Distributing Corp. et al (1954)
- Abstract of case
The case relates to a Supreme Court appeal decided on January 4th 1954 in which the petitioner was seeking to have the court find the defendants liable in violation of the Anti-Trust laws. The petitioner resided on the Sherman Act and the Clayton Act. The contention lay in the manner in which the first and subsequent runs of a film were conducted by the defendants to the detriment of the petitioner and whether their action (which in the opinion of the ...

CATERPILLAR INC.v. JAMES DAVID LEWIS

CATERPILLAR INC. V. JAMES DAVID LEWIS
FACTS: Plaintiff respondent Lewis is a Kentucky resident who suffered personal injuries while in the course of operating a bulldozer. Lewis filed a claim for damages before the Kentucky state court against the two defendants: the manufacturer and the company that provided service for the maintenance of the bulldozer. The manufacturer is Caterpillar, is a company incorporated in Delaware, Illinois. While Whayne Supply Company is the company providing service to the bulldozer was incorporated in Kentucky, and having its principal place of business Kentucky. The plaintiff entered into a settlement agreement with ...