Case Brief Summary Marbury V Madison

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    Loucks V. Albuquerque National Bank Case Summary

    Case Summary Citation: Loucks v. Albuquerque National Bank, 76 N.M. 735, 418 P.2d 191 Facts: The plaintiff-appellants, Richard A. Loucks and Del Martinez (the “plaintiffs”) were business partners in the name of L & M Paint and Body Shop in Albuquerque, New Mexico. Prior to March 1962, Martinez operated a business under the name Del’s Paint and Body Shop. Martinez did his banking with defendant bank Albuquerque National Bank (the “defendant”) and dealt with Mr. Kopp, the vice-president of the

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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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    Marbury V. Madison

    Marbury v. Madison On February 24, 1803 Chief Justice John Marshall and the rest of the Supreme Court decided on the seemingly insignificant case of Marbury v. Madison. While ruling the Judiciary Act of 1789 unconstitutional, Judicial Review was established. Granting the Supreme Court the power to rule acts of the Legislative and/or Executive Branch of government unconstitutional, hence serving as a landmark case that further legitimatized the Judicial Branch as a separate, but balanced branch

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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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    Marbury V. Madison

    The case "Marbury v. Madison began on March, 1801, when a Proponent, William Marbury, was assigned as a magistrate in the District of Columbia. William Marbury and various others were constituted to government posts made by United States Congress in the last days of President John Adams's administration; merely these eleventh hour appointments were never completely nailed down. The dissatisfied appointees raised an act of US Congress and litigated for their jobs in the Supreme Court.His right originates

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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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    Marbury Versus Madison

    | | | | Marbury versus Madison Sarah McClam MARBURY VERSUS MADISON In the weeks after John Adams lost his bid for re-election to Thomas Jefferson in 1800, the Federalist Congress increased the number of circuit courts. Adams placed Federalist judges in these new positions. One of the justices of the peace, William Marbury, filed a writ of mandamus demanding Secretary of State James Madison deliver the appointments. The Supreme Court led by John Marshall denied the request citing part

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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

    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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    Case Summary

    claims and judicial resolution of legal cases. Your ability to achieve these objectives will be evaluated by your performance on the case briefs, class discussions, and an excruciatingly final examination. TEXTBOOK: The textbook is Cheeseman, Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues, 8th ed. (ISBN 978-0-13-289041-0). COURSE ASSIGNMENTS: (1) You must turn in a case brief (i.e., a one-page “executive summary”) each week from Meeting #2 through Meeting

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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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    Madison Square Garden Boxing V. Earnie Shavers

    Madison Square Garden Boxing v. Earnie Shavers Ernie Shavers was scheduled to fight Muhammad Ali on 9/29/77. Both Madison Square Garden and Top Rank, Inc. each claimed to have a promotional contract with Shavers in which they wanted to promote the event. In this case the court had the ability to make the ultimate decision yet chose to not get involved with the decision of the Association of Boxing Commissions. It can be noted that the creditability of each of the parties factored into the

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    Case Brief

    Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination

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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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    Marbury vs. Madison

    Marbury vs. Madison was a case heard by the Supreme Court that greatly verified the need for accountability of governmental power through checks and balances….. specifically that of judicial review. Starting with the key players in this case, Marbury was a man who was to be appointed as the Justice of the Peace for Washington County in the District of Columbia by President Adams. Madison was the new Secretary of State appointed during Jefferson’s term who withheld Marbury’s (as well as others) petition

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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/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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    Marbury Case Brief

    Marbury v Madison, 5 U.S. 137, (1803) 5 U.S. 137 (Cranch) Facts The Judiciary Act of 1801 gave the President the authority to appoint Federal Judges. During the interim period when President Adams term was coming to close and President-elect Jefferson’s term was set to begin, President Adams appointed several federal Judges, including William Marbury. The commissions were signed and sealed by Acting Secretary of State, John Marshal, but were not delivered prior to the end of the expiration of President

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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 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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    Marbury V. Madison

    Marbury v. Madison The power that the Supreme Court has to determine the constitutionality and the validity of the acts of the executive and legislative branches of government is a firmly established basic element of the United States system of government. In 1803, Chief Justice John Marshall’s opinion in the case of Marbury v. Madison resulted in a landmark decision in the history of the Supreme Court. (Kramer, 2000) The court’s ruling established the power of judicial review, declared that the

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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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    Marbury and Madison

    Case Brief: Constitutional Law Name of case and date: Marbury v. Madison, 5 U.S. 137, 1 Cranch 137, 2 L. Ed. 60 (1803). Parties: Appellant – William Marbury; Appellee – James Madison Procedural history: The case went directly to the Supreme Court Facts: William Marbury was one of the 42 people who President John Adams named as justices of the peace on the last night of his presidency. Marbury included all of the documentation that he needed to be appointed as a justice of the peace.

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    Brief Summary of Hr Legal Cases

    Griggs V. Duke Power On December 14, 1970 in Draper North Carolina thirteen African Americans were represented by Griggs in the first legal law suite of its kind. Duke Powers reserved the good jobs for the white employees. There were extreme differences in wages and jobs. Also, there were standardized tests required to be taken by potential employees or employees who wanted promotions. The courts ruled that the tests did not pertain to applicant’s ability to perform the job. This case was pivotal

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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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    Marbury vs. Madison

    October 30, 2011 Marbury vs. Madison It is not difficult to explain how important John Marshall's decision in the case Marbury vs. Madison was and how our entire Supreme Court and country's politics would be different if he had not made the decision. John Marshall's decision to declare that the Supreme Court could not give out writs of mandamus and thus the Judiciary Act of 1789 (that gave out this power) was unconstitutional set the precedent for the Supreme Court to have the power to declare

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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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    Marbury V Masdison

    Secretary of State, James Madison, not to deliver the remaining 17 commissions. Ten months later William Marbury who had been appointed Justice of the Peace in the District of Columbia took his case to the Supreme Court. The Jefferson dominated congress passed a law canceling the next session of the Supreme Court. When the court finally convened 14 months later the first case it took up was Marbury v. Madison. Marshall, being an astute lawyer, realized this was an important case for the nascent court

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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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