Essays on Erred

Abstract

This paper examines the case of Massachusetts v. Environmental Protection Agency, a 5-4 Supreme Court decision that combined the substantive, environmental law question of whether the Environmental Protection Agency erred in its initial decision not to regulate greenhouse gas emissions for motor vehicles with the procedural issue of whether states, cities, and environmental organizations had legal standing (defined as the right to use the courts as opposed to Congress to force governmental action) for the environmental claims at issue in the case. This paper begins with a brief overview of the political, legal, and cultural context for assessing the ...

CITATION: 18 Cal. 3d 660

FACTS: A women brought action against a man whom which she lived with for approximately six years. Plaintiff alleged that she and the defendant entered into an oral agreement that the plaintiff would give up her career and become a housemaker and housekeeper. The plaintiff quit her job as an entertainer and singer in order to cook and clean for the defendant. In return, the defendant would provide all financial support to the plaintiff for the remainder of her life. Plaintiff alleged that the two would combine their efforts and earnings and share the property they acquired throughout their relationship ...

In order to get a clear picture of how Plato would respond to this dilemma, it is important to establish the facts about this case. A woman named Lisa Krawchuk qualified for welfare assistance because of her low income. The welfare authorities required her to report any changes in her income for the period that she received the benefits. She agreed to that condition, reported an increase in her income after her husband got a part-time job and the welfare office reduced her payments accordingly. Lisa failed to report that she was benefiting from a student loan and the welfare office withdrew ...

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Ryan v. Friesenhahn

198 A.D.2d 592, 603 N.Y.S.2d 237 N.Y.A.D.,1993. 198 A.D.2d 592603 N.Y.S.2d 237, 1993 WL 450866 Stephen G. RYAN and Sandra Ryan, Individually and As Natural Parents of Sabrina A. Ryan, a Minor, and Stephen G. Ryan, as Temporary Administrator of the Estate of Sabrina A. Ryan, Deceased, Appellants, v.

Frederick FRIESENHAHN, Nancy Friesenhahn and Todd Friesenhahn, Appellees.

(October 18, 1993)

CITE TITLE AS: Matter of Ryan v. Friesenhahn

The 225th District Court, Bexar County, Carol R. Haberman, J., granted summary judgment for defendants, and plaintiffs appealed. The Court of Appeals, ...

A Medical Malpractice Opinion

Citation McCall v. United States, No. SC11-1148 (Fla. March 13, 2014). Facts On February 21, 2006, Michelle McCall, who was six months pregnant, was diagnosed with preeclampsia. Her doctor’s, who were all U.S. Air Force employees, determined that it would be best to immediately induce labor in order to save the child. On February 23, Ms. McCall delivered a healthy baby boy, however during the delivery she had lost a lot of blood. In a follow-up operation on Ms. McCall to repair some damage that had been done during delivery, her medical staff failed to properly monitor her ...

Death by fire is a movie that is based on an American case of arson. This is after one Cameron Todd Willingham was convicted for charges of causing arson deaths to his three children. Early on during the investigations, the initial fire investigation claimed to have found several indicators that led to conclusions that it was an arson act. Due to this, the prosecutor found Willingham guilty. However, watching the video clip till the end, scientists later re-evaluated the evidence that the prosecution had relied to make the conviction. After their re-examination, the scientists were of the opinion that there ...

Question Three:

According to the Appeals Court, several errors were made by the judge who presided over the matter at trial. One of the principal errors by the court was the allowance of the plaintiff’s counsel to make highly prejudicial comments that were not helpful to the court and which only served to inflame the jury against the defendants. Though the case concerned mistreatment based on the plaintiff’s sexual orientation, the plaintiff’s counsel had misdirected himself by drawing a link of the defendant who was German, to the Holocaust and the Nazi Germany. The court further allowed counsel to ...

The petitioner in this case, Sherry Burt, a Warden at a Michigan correctional facility moved to the Supreme Court challenging the decision of the United States Sixth Circuit Court of Appeals and seeking a writ of certiorari against the decision. The matters that came up for consideration at the Supreme Court involved weighty constitutional issues namely whether the Sixth Circuit gave an appropriate deference to the state trial court decision in Michigan as enshrined in the Antiterrorism and Effective Death Penalty Act of 1996. The second constitutional issue that was subject to determination by the court in this case related to 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 ...

Kathy D. Jones v. National American University Kathy D. Jones v. National American University

09-3007 (2010)

Actions

Kathy sue the National American University on charges of violation of the Age Discrimination in Employment Act. Facts Jones has worked in the NAU in 1998. In 2004, she was appointed on an acting capacity at age 56 as the admissions director. This position was later to be offered on full appointment to Beck, a 34 year old lady. Jones sued NAU and was put to strict proof thereof. She proved that she had been the best qualified for the ...

Southeastern Land Fund, Inc. v. Real Estate World, Inc. 237 Ga. 227 (1976)

The plaintiff (seller) brought an action against the defendant (buyer). The allegations were about a contract of sale of a real estate. The plaintiff action sought to recover the price of $45,000 plus the interests. They also sought to recover their lawyer’s fees upon a promissory note referred in the contract. The defendants appeal to is founded on the basis that the trial judged erroredin grating summary judgment in favor of theplaintiff and denying a summary judgment and a counterclaim from the defendant.

Issues

Whether the contract provisions that the ...

Plea/Verdict: Not guilty by reason of insanity/Guilty but insane (GBI)

Total Days in Jail: 248 Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs. Penalty Range: O.C.G.A. § 16-5-1 (d), felony murder; punishable by death, by imprisonment for life without parole, or by imprisonment for life. O.C.G.A. § 16-5-21 (c), aggravated assault upon a peace officer while the peace officer is engaged in his or her official duties; punishable by imprisonment for not less than five nor more than 20 years. O.C.G.A. § 16-5-40 (b), kidnapping, victim received bodily injury; punishable by life imprisonment or by death. O.C.G.A. § 17-10-6.1, kidnapping ...

Abstract

Crime is as old as mankind and as such, there were various justice systems which were established by various communities to bring those who erred to book. There is documented evidence which shows that the Egyptians and the Greek had a well established justice system to punish those who committed crime. This was with the view of minimizing or totally eliminating crime. However, even with these measures it was not possible to eliminate crime. On the contrary with the current technological advances there has been emergence of a more sophisticated clique of criminals. The criminal justice system is made up of ...