Common Law Case Studies Samples For Students

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Introduction

This paper contains two parts. Part of this paper offers a brief explanation regarding the role of the directors in a company. This part specifically discusses the reason behind the existence of the directors of a company’s duty to prevent insolvent trading. It also discusses the circumstances and the results after the court lifting the veil of incorporation for the wrong of insolvent trading upon a director of a company.

Discussion

Directors of companies are under a duty under the Corporation Act provisions and the common law to prevent companies from incurring debts while they are insolvent. At common law, the director’s duty to ...

Business and Employment Law

Question 1 3
Issue 3

Application 4
Conclusion 5
Question 2 5
Issue 5
Law 6
Application 7
Conclusion 7
Qustion3 7
Issue 7
Law 8
Application 8
Conclusion 9

Bibliography 10

Question 1
Issue
The main issue in question is whether the exemption or exclusion clause that was incorporated in the contract between Jag and ED can have any effects on Jag’s possible right to sue ED for the loss of his garden. In this contract, it was specifically states that the supplier would not be responsible for any loss or damage caused by any products sold, which in ...

Introduction - Director’s duties

Even though the law recognizes corporations as separate and distinct entities from the owners, it nevertheless recognizes that corporations act through people. Such people are referred to as directors and manage the activities of a corporation. In Lennard’s Carrying Co. v. Asiatic Petroleum Co. Ltd, the court observed that directors are the directing mind and will of the company. Accordingly, directors of a company act for and behalf of the company, and as such owe several duties to the company.
These duties are at common law and also statutorily provided for. In the U.S., there is no single statute ...

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 ...

Business Law Case Study

Debbie Gates is eventually laid off on account of her alleged heavy drinking, a fact she denies vehemently. She joins issues with the fact that her former employer, Prada, informs anyone who cares, the reasons (heavy drinking) for her dismissal, a fact she also learns from other employees and not directly from her former employer. Following her dismissal, Gates and her friend Zuckerberg team up to form a rival company to their former employer and name it, Prado ostensibly to deceive unsuspecting customers. Further, they poach the Chief Financial Officer of their former employer who helps them lure more customers and investors ...

Abortion is a contentious social issue that dominates polarized debates and generates varied reactions from political and social cultures in the United States. It also generates headlines based on the ethical, moral and scientific controversies across the world. A historical review of laws and policies demonstrates that physicians borrowed the idea of abortion from women healers (Kathy and Elaine 267). The issue of abortion became a controversial medical issue during the late 19th century. During the 1960s and 1970s, abortion became a policy issue regarding women’s rights. Conservative groups such as the family and religious organizations personalized abortion as an issue ...

Brian Short v. State of Florida

The Main Issue
Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24).
Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

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 ...

Topic: Business Law

1. Explain how this scenario relates to an area of law taught in Introduction to Business Law. (2 marks)
Introduction to business law is a phenomenon that aids business mangers and everyone within the business environment to be aware of the legal environment that the business operates in. C & A engages an internal auditor to carry out auditing of their financial books of accounts and through intimidation, Julia who has been engaged as the internal auditor caries out the task negligently and later an external auditor is engaged to check on the correctness of the financial books. Fortunately or ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case?
The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

The United States district court for the District of Columbia is a case that was brought against Anheuser-Busch InBev SA/NV (ABI) to oppose the acquisition of Modelo group by ABI. It was brought up since the government felt that the proposed merger was violating the law through illegal ownership or acquisition of another firm. In addition, the government felt that the acquisition was threatening fair competition in a free market, and the consumers would suffer most as a result of the merger.

Facts to the Case

- The case involved two beer companies in the United States, which were ABI and Modelo Company. The two were ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY
Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory.
It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

- Using examples of relevant case law, distinguished between the following types of contract.
- Bilateral a and Unilateral contracts
Contracts can either be bilateral or unilateral in nature. The bilateral contracts are the most common contracts and refer to agreements whereby each of the contractual parties make a promise to the other party. For instance, in a contract for the sale of a car, the buyer promises to pay the seller £200,000 in exchange for the seller’s promise to deliver the title to the property. A unilateral contract on the other hand only involves one party to the ...

Pauly’s Property Management Services, a property management company that leased Craig Crocodiles Inc., the warehouse and office space intends to sue for an alleged breach of the lease contract and has notified Craig’s lawyers. Before examination of the probability of any liability on the part of Craig for terminating the lease as signed, it is imperative to look into the details of the lease. It is clear that the company leased both the warehouse and the office for three years beginning January 1st 2008. It was, therefore, expected that the same lease would terminate on January 1st 2011. ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011.
The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010.
The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To.
The counsel for the ...

Parties involved (Public institution and individuals)

Kenneth E. Hardy, Plaintiff - Appellee, Jefferson Community College and Kentucky Community and Technical College System,
Defendants: Mary Pamela Besser and Richard Green, Defendants-Appellants
Summary
The First Amendment of the United States Constitution affords protection to freedoms and rights of citizen that include but not limited to, freedom of speech. Such rights and freedoms are anchored in the Constitution and cannot be abrogated by any particular individual. Nonetheless, it is never always clear cut on what constitutes speech on issues of public concern so as to fall into the category of speech that is protected by ...

High trees case or Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 is an English contract law verdict, which restated the doctrine of promissory estoppel in contract law in both England and Wales1. Promissory estoppel was a notion which was identified in a couple of 19th century cases but then it lay inactive until this High Trees case in which Denning J, then a young judge, revitalized the doctrine and subsequently entrenched it a number of English cases.
The case symbolizes the establishment of the modern revitalization of promissory estoppel. The facts were straightforward enough. A landlord ...