Case Brief International Shoe V Washington

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    Akers V. Sedberry Brief

    Akers(P-employee) v. J. B. Sedberry, Inc.(D-bank) Court of Appeals of Tennessee, Middle Section, at Nashville 39 Tenn. App. 633, 286 S.W.2d 617 (1955). SM: The UCC is not involved in this case. The SM is regarding the offer and possibility of an acceptance of an employee’s resignation. F: Sedberry (D), through majority shareholder Mrs. Sedberry, entered into a contract with Akers (P) whereby Akers would serve as Chief Engineer for five years. Sedberry entered into a similar five year employment

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    Diamond Fruit Growers, Inc. V. Krack Corp. Case Brief

    Diamond Fruit Growers, Inc. v. Krack Corp. 794 F.2d 1440 C.A.9 (Or.), 1986. Facts: Krack Corp. manufactures cooling units that have metal tubing. Metal-Matic is one of Krack’s suppliers of tubing. During the last ten years the parties have had the same course of dealing. At the beginning of the year Krack would send a blanket purchase order to Metal-Matic. They followed this by sending release purchase orders as tubing was needed. Metal-Matic responded by sending an acknowledgement form

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    Case Brief

    Case Brief GM520, Legal, Political, and Ethical Dimensions of Business Style of Case and Citations Kelo v. City of New London 545 U.S. 469 (2005) Court Rendering Final Decision U.S. Supreme Court Identification of Parties and Procedural Details Susette Kelo and the other affected property owners (Plaintiff) filled a suit challenging New London's legal authority to take their homes in order to make room for Pfizer and the economic development plan. Discussion of the Facts

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    Case Brief Summary: Marbury V. Madison

    Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09, 2012 Summary of Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office, President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was

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    Brief Mcdonald V Chicago

    Facts: In 2007 the Supreme Court decided in the case of District of Columbia v. Heller that the individual citizen has the substantive right to bear arms. The case overruled a handgun ban in the Washington D.C. area and was unique as the District of Columbia is under federal jurisdiction, so the handgun ban was automatically considered a federal. However, after DC v. Heller, Chicago residents sued arguing that they the same right to own handguns for self defense, but were kept from doing so due

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    Case Brief Stanford V. Kentucky

    I. Style of the case: Stanford v. Kentucky 492 U.S. 361, 109 S. Ct. 2969, 106 L. Ed. 2d 306 (1989). II. Statement of Facts: Kevin Stanford committed the murder of Barbel Poore in Jefferson County, Kentucky on January 7, 1981, when he was approximately 17 years and 4 months of age. Stanford and his accomplice repeatedly raped and sodomized Poore during and after their commission of a robbery at a gas station, where Stanford shot her pointblank in the face and then the back of her head. A Kentucky

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    Case Brief

    Case Brief #1 Name: Thompson v. Clear Springs Foods, Inc., 148 Idaho 697; 228 P.3d 378; 2010 Ida. LEXIS 40 (2010) Facts: Judy Thompson, the claimant, has been an employee for the past 12 years at Clear Spring Food Inc. The company’s regulations state that during her two 15-minute breaks and 30-minute lunch break she must use a time punch card and notify her supervisor if she leaves the facility. During one of her 15-minute breaks Judy decided to go out and move her car “to avoid the risk of

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    Hussein V. L.A. Fitness International, Llc – Case Brief Summary

    Hussein v. L.A. Fitness International, LLC – Case Brief Summary Christopher G. Staton Columbia Southern University Facts On February 14 2009, Sahal Hussein became a member of a fitness club at a Chicago based L.A. Fitness, which is a chain of fitness centers headquartered in Irvine, California. On July 7, 2009, Mr. Hussein was visiting the Chicago based L.A. Fitness. During his visit, while using the upper and lower bar and movable and adjustable bench on an assisted dip/chin exercise machine

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    Palsgraf V. Long Island Analysis and Case Brief

    Palsgraf v. Long Island Analysis and Case Brief By: Jeffrey Boswell, Steven Casillas, Antwan Deligar & Randy Durham BMGT 380 Professor Eden Allyn 26 May 13 Facts The plaintiff, Helen Palsgraf, filed a suit against the Long Island Rail Road Company. The plaintiff claimed the Long Island Railroad Company’s negligence resulted in injury to her person. A passenger was attempting to board a moving train and lost his footing. The man looked

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    Case Brief

    Horner v. Bourland 724 F. 2d 1142 Case Brief Instructions Please note that, unlike the case you have been assigned, the cases in the text have been stripped down to a fundamental legal issue related to the chapter of study and do not contain much of the procedural aspects you may find in your case. DECIDE ON A FORMAT AND STICK TO IT: Structure is essential to a good brief. It enables you to arrange systematically the related parts that are scattered throughout most cases, thus making manageable

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    Case Brief: Orlando V. Cole

    Case Brief Orlando v. Cole (2010) FACTS Joseph M. Orlando filed a complaint for slander against fellow attorney, Garrick F. Cole. Allegedly, Orlando suffered harm to his reputation as a lawyer when Cole made false comments about his role in an investigation involving a 17-year-old student and a high school basketball coach, Thomas A. Atwater. At the time, Atwater was unrepresented and approached Orlando to admit that he had in fact sexually assaulted the high school student. He signed an

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    Burnham V. Superior Court Case Brief

    Brief Fact Summary. Plaintiff Dennis Burnham, a New Jersey resident, was served with process for divorce by his wife in California, while he was visiting California on business. Synopsis of Rule of Law. Jurisdiction based on physical presence alone constitutes due process because it is one of the continuing traditions of our legal system that define the due process standard. Facts. Plaintiff a New Jersey resident, visited Southern California on business, after which he went to visit his children

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    Case Brief: Brady V. Maryland

    Case Brief Citation: Brady v. Maryland, 373 U.S. 83 (1962) Procedural History This case is on appeal from an affirmed decision of the Maryland Court of Appeals. It was currently on remand only for the purpose of punishment. Issue Does withholding of evidence favorable to a defendant violate that defendant’s due process rights? Under the circumstances of this case, did limitations on new proceedings as to punishment only violate defendant’s due process rights? Holding The Supreme Court held

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    Case Brief

    Case Brief Revised Jean Harshman-Beasley PA 401 August 6, 2013 Prof. V Corbo Case Brief Revised Civil v. I.N.S., 140 F.3d 52 (1st Cir. 1998) FACT; The petitioner, Lucienne Yvette Civil, sought political asylum under section 8 U.S.C. § 1158(a), on the well-founded fear if returned to Haiti, she would face persecution for her political beliefs. After being denied, Lucienne Yvette Civil appealed the Board of Immigration Appeals ("Board" or "BIA") decision affirming an Immigration

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    Ruth Garrat V. Brian Dailey Case Brief

    Ruth Garratt v. Brian Dailey, a Minor, by George S. Dailey, his Guardian Supreme Court of Washington, Department Two February 14, 1955 Hill, J Brian Dailey, a five year old, was visiting the home of Ruth Garratt alongside his apparent supervisor at the time, Naomi Garratt, Ruth’s sister. Ruth Garratt claimed that during the visit, Dailey intentionally pulled out a chair from below her as she was about to sit down, causing her to fall to the ground and withstand a fractured hip and other injuries

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    Case Brief

    Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding:

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    Case Brief

    Value Case Brief I Resolutional Analysis A Definitions B Principles in Contention: The Federal Government Should Change the Dodd-Frank Act Dodd-Frank makes certain amendments to the "Protecting Tenants at Foreclosure Act of 2009" (the “Tenants Protection Act”), which affects post-foreclosure eviction procedures.  The amendments to the Tenants Protection Act found in Dodd-Frank were effective on July 21, 2010. The primary advantage is that the regulation ensures the safety of us residents’

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    How to Case Brief

    HOW TO BRIEF A CASE [OR–WHY DIDN’T I CHOOSE TO GO TO MEDICAL SCHOOL] By Dana L. Blatt, Esq. You are just about to start law school. You buy all of your required casebooks [they are about two feet thick–only “slightly” intimidating], and you receive your first assignment. You are simply told, “read the first 100 pages in each book and BRIEF all of the cases!” O.K., you know how to read [hopefully], but what does it mean to “brief” a case? You have heard of “briefcases,” but that

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    Case Brief #2 : Foxconn V Byd, Part B

    Case Brief #2 : Foxconn v BYD, Part B After four individuals were convicted due to stealing trade secrets of Foxconn, the case took a dramatic turn when prosecutors dropped all criminal charges against BYD in December 2008. At the same time, the global manufacturing industry was hit hard because of the severe global recession starting in late 2008. To generate extra revenues for survival from the global recession, one of Foxconn's strategies was to increase investment in R&D of smartphones.

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    Lefkowitz V. Great Minneapolis Case Brief

    Lefkowitz v. Great Minneapolis Case Brief Judicial History: Facts: Great Minneapolis Surplus Store (D) published advertisements in a newspaper for a sale on fur coats, mink scarves, and a lapin stole. Each of the advertisements indicated that the sale items would be sold on a first come first served basis, stated the quantities of each item available, and stated that they would be sold for one dollar each. Lefkowitz (P) was the first customer to present himself and offer the one dollar price

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    Case Brief

    Aubrey Grudowski Criminal Law Case Brief STANFORD v. KENTUCKY, 492 U.S. 361 (1989) 492 U.S. 361 STANFORD v. KENTUCKY 
CERTIORARI TO THE SUPREME COURT OF KENTUCKY JUSTICE SCALIA FACTS Petitioner in No. 87-5765 was about seventeen years and four months of age when he committed murder in Kentucky. After a juvenile court and several hearings he went to trial as an adult in a category for those who have committed Class A felonies or those under age sixteen who have been charged with a felony

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    Case Brief

    Baker v. Carr Facts Charles Baker (P) was a resident of Shelby County, Tennessee. Baker filed suit against Joe Carr, the Secretary of State of Tennessee. Baker’s complaint alleged that the Tennessee legislature had not redrawn its legislative districts since 1901, in violation of the Tennessee State Constitution which required redistricting according to the federal census every 10 years. Baker, who lived in an urban part of the state, asserted that the demographics of the state had changed shifting

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    Case Brief

    Case Brief Rodman v. New Mexico Security Department 764 P.2d 1316 (N.M. 1988). Facts: Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Prior restrictions had been placed on Rodman's conduct due to personal problems adversely impacting upon her place of work. Issue: whether the misconduct which warranted termination

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    Feldman V Google Brief

    Feldman(F) v Google(D) Inc. (2007) United States District Court F: In Jan 2003, plaintiff (firm owner), purchased advertising from defendant’s “AdWords.” Whenever certain words would be searched on Google, plaintiff’s ad would appear and the plaintiff would be charged by each click (pay per click). The highest bidder for keyword would have ad placed at top of search page words of drugs. Allegedly, the plaintiff was the victim of cliff fraud, in which competitors or pranksters click on the ad, driving

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    Case Brief

    MEMORANDUM CASE BRIEF INTEROFFICE MEMORANDUM CASE BRIEF To: Mr. Dudley Knox; Introduction to Law LGLA 1311-51001 From: Monica Holland Date: Friday October 24th 2014 IN RE: Introduction to the American Legal System Eighth Edition; Schulze, Patterson Upper Saddle River, New Jersey ------------------------------------------------- Assignment: I have been asked to brief a criminal case of my choice. It must be briefed on two headnotes, and one dealing with the Penal Code. The case must

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    Helling V. Casey Case Brief

    Title: Helling v. Carey 83 Wash. 2d 514, 519 P.2d 981 (1974) Procedure: The plaintiff Helling, a patient, appealed from a judgment of the Court of Appeals (state of Washington) affirming the judgment of the trial court for defendant ophthalmologists in a medical malpractice action involving the ophthalmologists' failure to timely administer a glaucoma test. This case was heard in the Supreme Court in Washington state. Issue or issues: The issue was whether the ophthalmologists' compliance with

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    Case Brief Levi. V. Abercrombie

    Levi Strauss & Co. V. Abercrombie & Fitch Trading Co. 633 F.3d 1158 (2011) FACTS: Levi Strauss has stitched a design on the back pockets of its jeans since 1873. Levi Strauss holds multiple federally registered trademarks on this bow-shaped design, an “Arcuate”. They are required to actively monitor competing designs and enforce its trademark rights. In 2005, Abercrombie & Fitch attempted to register a “mirror” image stitching design for use on certain products. Levi Strauss argued that this design

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    Briefs

    Briefs: I. 1. Title: International Shoe Co. v. State of Washington (p. 46) Judgment at trial in the Supreme Court of Washington for Washington State; Defendants appeal. 2. Facts: International Shoe Co. a corporation that manufactured footwear only in St. Louis, Missouri, yet it did sell its products nationwide. Including Washington State, where it send its salespeople. Who even though were not authorized to collect payments from the customers still were involved in renting spaces

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    Brief Smith V Stolberg

    Part 1 Smith v. Stolberg, 256 Mich. App. 231, 103 N.W. 2d 586 (1998). Facts: Stolberg pushed Smith into a bench during a court appearance. Stolberg claims Smith pushed him into the bench whereas his back hit the bench causing him to launch forward onto the floor. Smith claimed that Stolberg spit and raised his hand at him and he pushed him as self-defense. Smith filed a complaint against Stolberg for assault, battery, and negligence. The plaintiff then filed a first amended complaint for negligence

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    Hampton V. Dagenhart Brief

    George Michael Thompson Hammer v. Dagenhart Supreme Court of the United States, 1918 247 U.S. 251, 38 S. Ct. 529, 62 L.Ed2d. 1101 Votes: 8-1 Majority Opinion: Justice Day Dissenting: Justice Holmes Not Participating: None Facts: The Federal Child Labor Act of 1916 banned the shipment of products made in factories that employed children under the age of 14 or allowed children between the ages of 14-16 to work more than eight hours a day. Roland Dagenhart an employee along with his two minor

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    Case Brief

    Kansas v. Cheever Marisa Freeman June 3, 2014 CJ506 Kansas v. Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the

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    Case Brief/Kelo V. City of New London

    Kelo v. City of New London, 125 S. Ct. 2655 (2005). Facts: The city of New London, CT hired an independent agency to revitalized one of its waterfront properties. This revitalization was intended to create jobs and generate tax revenue for the city. To accomplish this, the independent agency was given authority to acquire the properties by buying them or eminent domain. The independent agency acquired majority of the properties, but some property owners refused to sell. The lower court affirmed

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    Eilers V Coy Brief

    Eilers v Coy Brief 1) Title and Citation: Eilers v Coy 582 F. Supp. 1093 (Minn. 1984) 2) Identity of the Parties: Plaintiff- Williams Eilers (24 year old male) a. Defendants- Plaintiff’s parents, relatives, and deprogrammers 3) Procedural History: Plaintiff accused defendants of false imprisonment and the violation of his civil rights during the attempt deprogramming. Plaintiff motioned for directed verdict. Motion for directed verdict granted. 4) Facts: Family claims in

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    Case Brief

    Woodley v. Androcles Facts: Ralph Woodley took his son Harvey to visit the local zoo. After spending approximately four hours there visiting the various exhibits, they decide to visit one final exhibit building. Although this building looked like all the rest at the zoo, it was set apart from the majority. Upon walking up the building, they spotted a large dog that seemed friendly at first. The dog nuzzled them and they made note of a small plastic device on the collar. In jest, the son made

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    Case Brief

    correct in its holding that the Appellee in this case failed to present evidence establishing a medically diagnosable and significant emotional harm as well as a prima facie cause of action for negligent emotional distress? Holding The court ruled the district court’s decision is reversed. The cause is remanded with directions to dismiss. Rationale The court referenced previous case Parrish v. Omaha Pub. Power Dist. in their decision. In that case it was determined for a valid claim of negligent

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    Case Brief

    Case: Roe v. Wade (1973) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains

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    Case Briefs

    Unit 3 Case Brief Jon E. Johnson Kaplan, University Unit 3 Case Brief Case: Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976) Facts: On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission

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    Case Brief

    Parties: United States (Plaintiff) v. Yousef (Defendant) Facts: Yousef (D) arrived in Manila under a false name in September 1994, a year and a half after his involvement with the World Trade Center attacks. He developed a plan to attack twelve United States airliners in within Southeast Asia, which were in route to the United States. Within his plan Yousef (D) would have five accomplices board different airliners, assemble the bombs and then depart the aircraft on the first scheduled layovers

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    Case Brief

    Kennedy v Louisiana 554 U.S. 407 Facts: On June 25th 2008, Patrick Kennedy was found guilty of raping and sodomizing his eight year old stepdaughter. The rape was so brutal that the victim needed invasive surgery. When questioned about the crime, Kennedy claimed that two neighborhood boys committed the crime. But when enough evidence was gathered to prove Kennedy’s guilt, he was offered a deal to spare him his life and he finally admitted to his crime. He was then convicted in 2003 and sentenced

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    Case Brief

    Case Who is suing whom? What is the cause of action? What is being claimed? Who won? Urzi V. Board of Education for the Borough of North York (Icy Sidewalk Case) Parent suing the school board Fall at the schoolyard led to a injury in the knee; fell in Europe leading to a hip fracture from a weak knee Claiming recovering for damages sustained in her second fall Plaintiff aka the Parent Hedley Byrne & Co Ltd. V. Heller and Partners Ltd.

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    Suffrage Case Brief: Minor V. Happersett (1875)

    Suffrage Case Brief: Minor v. Happersett (1875) Issue: Are women citizen under the Constitution? Under the Fourteenth Amendment, does citizen has privilege and immunities clause to vote? Or, is the Fourteenth Amendment only confined the right of suffrage to men? Reasoning: As the result of discussion, women are the citizen since they are born and naturalized in the United States. The Supreme Court explains that the state and federal law have treated women as citizens since the beginning

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    Case Brief

    Case Brief-Quick Trip Competitive Positioning Although Quick Trip is widely known as one of the major gasoline retailer agents, its forays into the retail food system cannot go unnoticed. The company has established major outlets throughout the United States providing competition to the traditionally established retail outlets. A major point of departure is the kind of food offered by this retail store. Selling of freshly cooked food is rarely done in the United States especially among the many

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    Case Brief

    Case Brief #4 I. Citation Montejo v. Louisiana 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009) II. The Relevant Facts Montejo, who was a murder suspect, waived his Miranda rights and was interrogated at a sheriff’s office. He was brought before a judge for a hearing where he was appointed legal representation. Later that day, two officers visited him at the prison and asked Montejo to accompany them to locate the murder weapon, which he claimed he had thrown into a lake. He was read

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    Case Brief

    them from receiving a fair trial. Mr. Skilling argued that the court should have never tried him in Houston. Mr. Skilling pointed out prior cases where the Court decided that due to extreme media coverage there was a possibility of juror prejudice that required the courts to change the venue. However, I believe that Mr. Skilling’s case differs from these prior cases which were all in small communities, had media coverage that showed the defendant confessions, and trials that occurred right after the

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    Case 3.1 Brief

    ------------------------------------------------- ------------------------------------------------- PREPARING A CASE BRIEF FOR CASE 3.1 ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- -------------------------------------------------

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    Sierra Club V. Morton Case Brief

    SIERRA CLUB v. MORTON Supreme Court of the United States, 1972. 405 U.S. 727, 92 S. Ct. 1361, 31 L.Ed.2d 636. Facts of the Case • Plaintiff sues Town of Clarkstown, N.Y. for flow control ordinance requiring all nonhazardous material to be deposited in local transfer station; thus infringing on the Commerce Clause of the U.S. Constitution. • The Commerce Clause is a grant of power to Congress that invalidates local laws that impose commercial barriers or discriminates against an article

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    Case Brief

    Jessica Case Briefing #2 LaPlace v. Briere New Jersey Supreme Court, Appellate Division 404 NJ. Super. 585, 962 A. 2d 1139 (2009) Facts: A horse owner brought an action against the person who exercised his horse while the horse was being boarded at the defendant's stable. While the stable employee was "lunging" the horse, the horse reared up, collapsed on his side with blood pouring from his nostrils, and then died. Issue: Was the defendant or the trainer liable for the conversion and

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    Case Briefs

    Babatunde White Torts Case Briefs Yania v Bigan 397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business

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    Case Brief

    Soldano v. O’Daniels Court of Appeals of California March 28, 1983 Statement of Facts A patron of Happy Jack’s Saloon went across the street to the Circle Inn to talk with the owner of the two establishments. The patron then informed the owner that a person had been threatened at the saloon and requested to either use the phone or have the owner call the police. The owner refused both requests and the patron’s father was shot and killed. The patron then brought action against the Circle

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