Defendant Case Studies Samples For Students

A. People v. Watson
B. 30 Cal. 3d 290, 637 P.2d 279, 179 Cal. Rptr. 43 (1981).
C. Decision &Year Decided
In the year 1981, the California Supreme Court rendered a verdict convicting the defendant of secondary murder on the conduct of causing a fatal accident as a result of reckless driving. The court found rationality in concluding that the defendant’s behavior was deliberate and unprovoked, and he consciously disregarded human life. However, it can be argued that the court failed to define exactly when the conduct of an intoxicated driver can be regarded as an implied malevolence. ...

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 ...

Cleveland v. Harrison Manufacturing

As the lawyer for the defendant, the impact of the Cleveland decision will relieve the defendant from any liability to Ms. Plaintiff. The issue in this case is whether or not defendant is liable to Ms. Plaintiff for selling a product that is unfit for use as a mouth guard designed for boxing. Basic is the rule that the plaintiff who suffered negligence by using a product must be able to prove that he suffered damage from the failure of the defendant to fulfill an expected standard of care in the creation of a product.
Ms. Plaintiff can file a successful claim against ...

Facts

On the evening of May 18 1985, the defendant and his friend Peter Maskorich were drinking. They left the bar at around midnight. In the early morning hours, the defendant and Maskorich wound up racing the defendant’s boat in Sacramento River. There were no floatation devices in the boat. At 3am, Gary Bingham heard noise and he went outside and saw a boat with two people inside at the bend in the river. Rodney and Susan Logan who were fishing also saw an aluminium boat with two men in it. The boat had no running lights and it was ...

The Defendant had been estranged from the complainant, who was his wife. The wife, Marjory Damms was also separated from her mother. The defendant wanted to reconcile his wife and her mother, hoping that it would lead to reconciliation between himself and Marjory. On the morning of 6th April, 1959 the defendant drove to where Marjory stayed, and waited at a bus stop he knew she frequented. When she arrived he lied to her that her mother was unwell, and convinced her to get into his car. When they arrived at the mother’s home, Marjory realized that the defendant ...

Lewis v. United States

Facts: An undercover officer in the department of narcotics called Lewis to find out whether he would sell him marijuana. The officer disguised his identity; he identified himself as Jimmy the Pollack. Lewis agreed to the officer’s request and directed him to his residence where the transaction would take place. The officer went to the petitioner’s abode and made his purchase; these transactions happened severally. Lewis was on one occasion arrested and charged with infringing federal drug laws. The District Court convicted Lewis following a denial to pre-trial motion seeking to suppress. The First Circuit affirmed this decision.
...

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 ...

Abstract

In most jurisdictions, tort is regarded a civil wrong but under certain circumstances it is also regarded as a criminal case e.g. in cases of assault. In legal circles it acts as a basis for an action of a lawsuit. Torts are categorised under the law of obligations. Duties that fall under tort law are regarded as a necessary requirement for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortious act, then in legal term for the person is a Tortfeasor. Tortious acts include breach of duties imposed under statutory laws, negligence, inflicting bodily harm to other persons, property, or infringement on ...

Issue

Robert Olins, the defendant in the case was found to be in breach of contract by a lower court. A lease was drafted and signed by Robert Olins and Pan Handle Realty, LLC for a year’s period. Part of the agreement was that Pan Handle Realty, LLC was to unfurnish the property and Olins was to make payments for the amount of a year’s rent (Cross & Miller, 2015). Olins had issued a postdated check which was to be cashed after Pan Handle Realty, LLC had completed the modifications in the house. It was then that the plaintiff ...

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 ...

Criminal Defense

In most jurisdictions, when an individual is accused of a criminal offense, he or she must appear in court of law to answer the charges (Farrell, 2008). In this circumstance, the accused individual is known as the defendant. Therefore, as a defendant, one is supposed to establish a criminal defense with the assistance of a criminal attorney in order to avoid a guilty verdict (LexisNexis, 2012). The prosecutor is the other party which tries to prove that the criminal act performed by the defendant is factual. A criminal defense can be described as a strategic argument which attempts to confront the legitimacy and satisfactoriness of ...

Knarles and Barkley Case Study

Liabilities under Contract Law
Chetum vs Knarles & Barkley
Fact: Knarles wants to repudiate a contract between Chetum and Barkley.

Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?

Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998).
Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...

I will rely on 22-2403 regarding second-degree murder
I will also rely on the evidence presented by an expert in Battered woman syndrome, Mrs. Dominique Stephens and a doctor, Sidney, who works at the emergency services. Mrs. Dominique’s evidence will show that she has been suffering from battered woman syndrome. The expert witness in battered woman syndrome will corroborate Dominique’s evidence and proof that she was suffering from the syndrome at the time when she shot her husband. The expert studied the defendant for one month and affirmed that she is suffering from battered woman syndrome. His ...

The appeals court should rule in favor of the defendant, Jewett. This ruling is arrived at by the use of the primary assumption of risk doctrine. The particulars of the case point at an implied assumption of risk by the plaintiff. By getting into a session of an active sport, the plaintiff could not claim any duty of care owed to her by the defendant during the active sport event.

Knight bases her claim on the legal doctrine of negligence. She claims that the defendant owed her a reasonable duty of care during the game of touch football. She claims that ...

V
O.C. SEACREATS, INCORPORATED; Leighton W. Moore, Jr., Defendants- Appeallees.

Top Four (4) Facts:

Fact 1: the defendant had put up nine ‘NO DIVING’ signs at the property placed on the lower and upper decks. The signs were of a significant size and in distinct colors that made them visible to the intended audience. The five feet blue sign placed near the ladder leading to the water was the most distinct of them all and visible to all visitors. On the night of August 12, 1990, all the nine signs on the property were present and ran across the rails of the upper ...

Gideon v. Wainwright - 372 U.S. 335 (1963)
Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for the indigent defendant ...

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 linked 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 or confessions ...

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant
Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

In Corbin v. Safeway Stores the plaintiff “sued Safeway Stores for damages resulting from injuries suffered when he slipped on a grape and fell” in the produce department of a supermarket owned by Safeway.
The evidence established that the plaintiff slipped “directly in front of the self-service grape bin” (Corbin v. Safeway Stores).
The plaintiff testified that “he saw no mat or other flooring covering of any kind in the area where he fell” (Corbin v. Safeway Stores).
On the other hand, Safeway’s employees testified that company policy “required mats in front of its grape bins” because Safeway ...

Lowell Bray, The Plaintiff, filed an appeal in the Douglas County District Court asking for damages for injuries protracted when he skidded on ice on defendant's grounds. In its adjusted answer, the defendant, Kate Inc on behalf of Stockade Restaurant & Lounge, denied the petition's allegations and alleged that plaintiff was contributory negligent in failing to keep a proper lookout and in walking in such a manner that he lost his balance. It additionally claimed that plaintiff willingly presumed the risk of whatever hazardous condition existed.

Evidence presented by the plaintiff at trial illustrated that the Millard area in Douglas County, ...

Business Law Case Study

Issues

Was it a proper service when the summons was mailed to the defendant medical clinic?
Whether the Minnesota court should invalidate the Tennessee judgment.
Rule
The general principle under Rule 4 of the Federal Rules of Civil Procedure is that service can be made personally to the defendant, left in their place of residence or business or through an email. For corporations or companies, Rule 4 (B) of the rules states that the summons can be delivered to the defendant’s agent authorized to receive such processes but a copy of the summons must be copied to each ...

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 ...

v.
Ocean City SEACRETS, INCORPORATED; Leighton W. Moore, Jr.,

Defendants-Appellees.

Top Four (4) Facts:
Fact1: Ocean City Seacrets had put the necessary precautions to guard against customers’ injuries, especially diving, which is relevant to the case in question; the defendant exercised the duty of care.
Reason fact is important: First off, it is clear that Ocean City Seacrets hosted many customers or rather invitees, the Mahons included; therefore, it owed them the duty of care. The necessary measures were taken to prevent guests from diving since the water was not suitable for diving. A total of nine ‘NO DIVING’ signs ...

Business Law Case Study

The issue for determination in this scenario is whether or not the service of process on Dr. Bardwell through his wife service was an effective service. An effective service of process is undertaken when the summons and complaint are handed to the defendant himself, but not any other person. Personal service of process in this case means that even when the complaint and summons are left where the defendant operates business or where he lives, and the agent therein accepts service and signs, it is considered to have been effected, even when it is delivered via registered mail. The ...

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
190 F. Supp. 116 (1960) U.S. Dist.

Frigaliment Importing Co. (Plaintiff)

Vs.
B.N.S. International Sales Corp. (Defendant)

Facts

The Defendant, B.N.S. International Sales Corp. entered into two agreements to sell chicken to Frigaliment Importing Co., the Plaintiff. When the first shipment reached Switzerland, the Plaintiff realized that the shipment did not contain young chickens for broiling and frying, but contained heavier birds for stewing. The Defendant Company was of the view that any chicken would be able to meet the specifications of the contract as regards the quantity and weight. Conversely, the Plaintiff Company believed ...

LEGAL BRIEF OF CASE Kowalchuk v. Stroup Case 8-8

Supreme Court of New York
Summary of key facts: Plaintiffs are mother and son named, Evelyn Kowalchuk, who 88 years of age and a widow, together with her son, Peter Kowalchuk. The plaintiffs invested in brokerage accounts that were allegedly mismanaged by Matthew Stroup, the defendant in this case. The parties filed an arbitration proceeding case before NASD (National Association of Securities Dealers) in December 2005 for damages amounting $832,000 to against defendant for fraudulent handing of their accounts. Prior to the judgment of NASD, the parties entered a settlement agreement wherein Stroup offered to pay $285,000 on ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

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 ...

Landmark Antitrust Case Study Assignment

Dr. Mozayeni

Assigned #:__________________________
Monopoly 221 U.S. 1, Standard Oil of New Jersey v. U.S. (1911)
1. Write a 100- word abstract of the case, including the date of the case.
The Standard Oil of New Jersey v. U.S. was a case that took place in 1911 and gave the Supreme Court gave its verdict on May 15, 1911. In this case, the Supreme Court of the United States found Standard Oil of New Jersey as being guilty of engaging in monopolistic and anticompetitive actions. These actions of the Standard Oil were as an attempt to monopolize the ...

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 ...

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 ...

- 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 ...

The landlord’s strongest position arises out of the Lease Agreement dated November 1, 2005, together with the Smoke Detector Agreement dated the same day (attached as Exhibits A & B, respectively), taken together with the tenant’s undisputed actions from the facts given.
1. Affidavits from both the electrician (later identified as Lech Triscian) and the landlord (attached as Exhibits C & D, respectively) which outlines what was observed when they entered the premises, specifically;
A. The occupants appeared to include the person who was in the premises when the landlord and the electrician entered, which would violate ...

333 U.S. 364, U.S. v. United States Gypsum Co. (1948)

Abstract

The case is between United States v United States Gypsum Co 333 U.S.364 (1948). United States was the plaintiff while the United States Gypsum Company was the defendant. The case was argued on 14th and 15th November 1947. However, it was decided on 8th March 1948. The facts of the case were that the defendants had violated the Sharman Act. They acted in a manner which was likely to eliminate competition in the industry. The first defendant, who was dominant in the Gypsum industry, granted patents to another defendant who ...

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 ...

Distinguish between slander, libel, defamation, deceit, and trade slander, indicating the instances each would apply and the significance of the dissimilarity.
For a statement to be actionable and considered to be defamation, it has to be published, false, and derogatory and must refer to a specific person. If it refers to a group of people, it is not defamation. A defaming statement cannot be complimentary even if not true. It must also have the effect of disadvantaging the individual, in that it has to be told to a third party possibly the media causing other people to avoid the plaintiff.
Slander ...

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 ...

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 ...

Question 1

On august 31, 1969 in the United States District Court M.D. North Carolina, Greensboro Division the United States of America as plaintiff, seeks to restrain and prevent the alleged violation of section 1 of the Sherman Act. The complainant, United States of America accused defendants of exchanging among themselves information involving price that have been charged, quoted, or contracted to charge to particular customers. The defendants were allegedly doing this with the aim of restricting price competition among themselves in the corrugated containers business in the Southeastern United States. However, the complaints of price fixing and violation of Sherman ...

Introduction

Laws vary from country to country. Even the process of creating, screening, and ultimately approving laws greatly vary from one state to another. And this is because of this reason why laws do not have a general or universally accepted definition. In the United States, there is an organization called, the Federal Register. It acts as the federal state-governed journal that publishes a wide variety of media and publicity services, one of which is the presentation of the proposition of a new rule, or a set of changes that would be applied to an existing one . Internet users who are at the same ...

Business Commerce Law

Distinguish between libel, slander, defamation, trade slander, and deceit, indicating in what situations each would apply and the significance of the distinction.
Libel, slander, defamation, trade slander and deceit are legal terms that are often interchanged by lay persons. While these words may seem related and almost similar, there are several ways in which they are different. Here is a discussion of what these different terms mean and situations to illustrate their meaning:
Defamation is a broad term used to refer to any published statement that is a false accusation and is detrimental to a particular person’s reputation. The plaintiff ...

Business Law: Case Analysis

Business Law: Case Analysis
Bank of New York Mellon Trust v. Morgan Stanley Mortgage 14-2619 (2016)
The facts of this case in brief are that the plaintiff Bank alleged that the defendant had breached its contract with it involving a mortgage loan agreement. The defendant on the other hand alleged that they were not obliged contractually to repurchase the mortgage due to the fact that the contract was vitiated by misrepresentation. The background of the case is that the parties entered into an agreement a mortgage loan agreement and the defendant then defaulted on the loan and the bank ...

Question 1

Sale of Woolen Wall Rug
Sale by Sample
Step 1
The first implied term that emerges from these set of facts regards sale by sample.
Step 2
The premise of this transaction is a clear manifestation of sale by sample as well as description. Section 15 of the Sale of Goods Act 1895 (WA) stipulates that if a contract is entered into on the basis of the sample, first, the bulk or a great number of the goods must correspond with the features of the original sample. Secondly, the buyer must be given an ample opportunity to carry out ...

Term researched: Revocation and Termination

Legal citation: 356 N.J. Super. 299; 812 A.2d 409; 2002 N.J.
Legal history: the defendant had been indicted for receiving stolen properties in violation to the New Jersey state acts 2C:20-7a. He was also found guilty of theft by deception and placed on a three-year period of probation. While serving probation, Thomas was convicted of two other criminal offences. Besides, he pleaded guilty of handling stolen property and the charge of harassment. However, two weeks after his second sentencing, it was decided that a revocation and sentencing on the probation violations should occur. The court ruled that the Thomas ...

Overview

The case In re Patrick F., Super. Ct. No. SJ14023322, concerns the conditions placed on a juvenile delinquent’s dispositional order (In re Patrick F., 2015, p. 1). On June 11, 2014, then-17 year old Patrick F. burglarized his next door neighbor’s home and stole a valuable gold ring and coins (In re Patrick F., 2015, p. 1). Patrick F. was soon apprehended by the police as a potential suspect and admitted to entering the home and stealing the items while the relative stood watch (In re Patrick F., 2015, p. 1).
The district attorney submitted a juvenile ...

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 ...

Lamson v. Crater Lake Motors 216 Or.App. 355, 173 P.3d 1242 (2007)

Summary. A car dealer’s a sales manager disapproved of the tactics used by a third-party firm in conducting sales promotion for the company. The company terminated him when he refused to cooperate. He sued for wrongful discharge, but the Oregon SC ruled against him.

Personal and Legal Analysis. Despite allegations of deceptive trade practices, the Court found for the employer because it did not compel the employee to commit any unlawful activity.

Answers to End-of-Case Questions. (1) Lamson could sue for wrongful discharge on the grounds of whistle-blowing. The person involved in the illegal practice knows more about it than ...

U. S. Supreme Court case
The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it.
A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) ...

Business Law Case Study - Case No. 110,936

Issues
Was the appellant entitled to the payment of ``attorney fees and costs” by the appellee after accepting his offer ``judgment”?
Rule
American rule offers the guidelines in regard to compensations of ``attorney fees and costs” arising out a case .The rule states that a plaintiff should be compensation for the costs and ```attorney fees” incurred irrespective of accepting an offer`` judgment” from the defendant.

Application

Finnel v Seismic was applied by the appellate court to determine the issue presented by this case. American rule is the basis of reasoning in Oklahoma when dealing with matters dealing with ...

Monsanto Co. (MC) v. Coramandal Indag Products Ltd. (CIP)

MC had alleged violation of patent by CIP. The patent in question related to the CIP inventions titled Phytotoxic Compositions and Grass Selective Herbicide Compositions contained the active ingredient named Butachlor which was duly patented by the plaintiff appellant.

Procedural History

The case was before the judicial system of India. It had first been heard in the trail Court and a ruling reached in favor of the defendants as the lower court held that the said patents were not existent and that the defendant respondent had not violated any patent thereof. The case ...

The death penalty is a situation where an individual arraigned in a court of law for a certain crime is sentenced to death. Due to the seriousness of this sentence, it is apparent that the evidence provided in court for such cases must be beyond reasonable doubt. It is for this reason that almost all the cases which end with a death sentence are referred to the Supreme Court for appeals. This essay looks at the case of Atkins v Virginia (2002). It will give the details of the case and the sentence thereon. The essay seeks to assert the fact that capital ...

Is there a valid contract between the parties or May Jones legally have the contract declared as not valid?

For a contract to be valid, it should contain parties competent of contracting, approval of the parties, a legitimate objective, and consideration (Swartz 23).Jones went into a contract with defendants knowing of the special clauses within the contract. There was consent, there was competency, and there was a legitimate objective and consideration. Therefore, the contract was valid. However, a contract relating to a minor (a person under 18) might be implemented or annulled by the minor, except for the contract being for basic requirements for instance foodstuff, accommodation, of which one might be held accountable for the rational price of what was acquired. From the ...

YourName

This case study presents J.W., a patient who went to the emergency room of the Community Hospital due to a persistent and severe headache over the last couple of days. Patient displayed signs and symptoms that her condition required blood testing and a head CT scan. However, Nurse Jackie, the nurse assigned to handle the patient’s case, only charted the symptoms but did not act on it or report it. The triage nurse, together with Nurse Jackie, also interviewed J.W. about previous neurological problems, headaches, or incidences of cerebral hematoma. But due to J.W.’s disorientation caused by ...

Policy and procedure directives are meant to ensure that all actions taken in every institution of the criminal justice system abides not only to the federal constitution, but also to ethics and human rights. Therefore, when policies and procedures are being drafted, their main foundation is the constitution. However, as history has shown, things are not always direct in the criminal justice system. An action taken in criminal justice system such a jail and that seemingly abides by the constitution may later be interpreted as an infringement on the constitutional right of the defendant. Such is the case of Carter ...

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 ...

Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Kenneth Ravenel v. Fredrick L. Burnett (Case study)
Under the field of criminal law, the case, Kenneth RAVENEL v. Fredrick L. BURNETT [2070401], September 26, 2008, under the Court of Civil Appeals of Alabama, exemplifies conflict resolution. As an example, it entailed the requisite steps in which conflict may be resolved, in addition to the practicability of their applications. The case in point pertained to the claim by Burnett that Ravenel had threatened him with malicious harm, because of suspecting the former of being in an affair with his ...

Criminal Law

Question 1:
The exclusionary rule remains to be relevant in our present legal environment. According to Slogobin (2013, p. 345), the Supreme Court’s decision in the case of Mapp v. Ohio stated that the exclusionary rule is derived from constitutional origin and stays completely undisturbed which means that the Fourth Amendment mandates the suppression of illegally seized evidence
in spite of its effect on the police and an efficient means to prevent police misconduct. As an effect, any evidence that is illegally obtained and violates the Fourth Amendment for unreasonable searches and seizure is inadmissible in ...

Abstract

United States v. United Shoe Machinery Company is a suit which was brought before the Supreme Court by the United States (US) against the defendants- United Shoe Machinery Company (of New Jersey), United Shoe Machinery Corporation, United Shoe Machinery Company (of Maine) along side their officers and directors. It was brought under the provisions of Antitrust Act 1914, c. 323, 38 Stat. 731, 736 aimed at preventing them from making leases and decisions deemed to be in a violation of this law. After its argument on March 16th, 19th, 20th and 21st, 1817, it was decided upon on 20th, June, 1918.

Discussion

...

U.S. v. Gypsum Co. (1950)

Question 1

This was a case, which was argued on October 19, 1950 and decided on November 27, 1950. The proceeding was actually filed in the year 1940 in District Court of United States for Colombia District by United States under the Attorney general’s authority. The complaint that was charged was a long –continued conspiracy or plot by the defendants in the restraint of trade in the gypsum products amongst numerous states and in Columbia District, and a like monopoly, all in desecration of Sherman Antitrust Act.
The defendants, appellees or respondents in this case, were the ...

According to the rule of law under contracts, where services are rendered by one person for another and are knowingly and voluntarily accepted, the law presumes that such services are given and received in expectation of being paid for and that they will imply a promise to pay what they are reasonably worth. Similar to this is the Nursing Care Services, Inc. v. Dobos where the defendant asserted that she was not obligated to pay the plaintiff for medical assistance services rendered because she had never asserted to the services. However, contracts implied in law are imposed on the grounds ...