Essays on Trial Court

Parties: Charles Katz (Defendant-Applicant) v. United States (Plaintiff-Respondent)

Facts: Katz had long been suspected by police to be involved in the local illegal gambling scene. In an effort to obtain credible evidence of his illegal activities, the police placed Katz under surveillance (Katz v United States, 1967). That surveillance revealed that Katz liked to use a particular phone booth, which police suspected Katz used to place bets. Consequently, the police attached a “big” or listening device to the phone booth in order to record Katz’s conversation and hopefully obtain evidence against him. The bug was able to record Katz making bets and the police used those ...

601 F.2d 516 (10th Cir. 1979) Summary of the Key Facts: During the 1970s Dale Hackbart played for the Denver Broncos football club as a defensive back. At the same time, Charles Clark played for the Cincinnati Bengals football club as a running back. In a December 1973 game between the Broncos and the Bengals, out of frustration for a turnover by his team, Clark deliberately struck Hackbart on the head and neck away from play in manner that was later deemed a personal foul and dangerous (Hackbart). However, as no official saw the act, Clark and the Bengals ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

In the criminal justice system, there are different types of courts used. The two courts that will be discussed is the trial courts and the appellate courts. Even though these two courts are used in the legal system, they are not completely the same type of court procedures. The different types of cases can be heard at different levels depending on which court is needed for the case. The process of each court and the way the rulings are performed are not similar. A trial court is where most cases start their proceedings. “In a trial court hearing, both ...

Sheila Renee White MAYO v. HYATT CORPORATION

898 F.2d 47 (April 10, 1990)

Facts: On February 20, 1987 Jack Mayo, Jr. died. His death was the result of complications pertaining to a fractured skull he suffered three days earlier on February 17 falling down the stairs of the Hyatt Regency Hotel in New Orleans, where he had been staying. Prior to the fall, Mayo had been drinking heavily off the hotel’s premises. Toxicology reports later confirmed that not only at the time of his fall was Mayo’s blood alcohol content over three times the legal limit but also that he had taken a significant ...

A. The Executive Branch. Discuss why you think we need (or do not need) eight different statewide elected officials. Why not just have a governor and a cabinet appointed by the governor? Explain your answer using the information available. Administering California’s state government belongs to the duties of the executive branch, which is led by the state Governor. The office of Governor consists of other executive officers, including the Governor himself (Edmund G. Brown Jr. at present) and his Cabinet, Lieutenant Governor, Attorney General, Secretary of State, Controller, Treasurer, Superintendent of Public Instruction and Insurance Commissioner. All eight ...

In the case of Yakubowicz v Paramount Pictures Corp., Yakubowicz, the defendant in the case, was on his way home on the night of February 15, 1979 when he was stabbed by Michael Barret who had been at the Saxon theatre watching two consecutive screenings of “The Warriors”. The movie in question contained several scenes of juvenile-gang related violence. Additionally, Barret smuggled alcoholic beverages into the theatre where he got intoxicated. While they were parting at the subway, Barret stubbed Yakubowicz with a knife at the chest. Consequently, he died the following morning. His father brought a tortuous action ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

Construction Law is a genre of law that is very detailed because its nexus operates on a concept in the United States that has been around since the age of Industrialization and that is relating to labor unions. Depending on where one travels within the United States to seek employment pertaining to construction work, they are potentially eligible to join a laborer’s union. What many of these labor unions do is to achieve a standard wage and benefits that construction employers pay construction worker within that specific state of geographic territory. Some of these unions have become quite ...

Abstract

This paper puts the legal and ethical issues of physician-assisted suicide in the context of the larger debate on privacy and the right to die, which can be divided into three constituent parts: (1) a patient’s constitutionally protected right to privacy in all matters involving end-of-life treatment decisions. So long as a patient has the mental capacity to make informed consent, the government does not have a legitimate interest to override end-of-life decisions. Critical to the analysis of a patient’s refusal of life-sustaining treatment is the burden of the state to prove a patient did not have ...

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 ...