1000 Search Results for Legal Reasoning A in His
" The Fourteenth Amendment explicitly provided the same limitations on the individual state's as existed for the federal government in regards to civil liberties and protections, and therefore the same exclusionary rule based on the Fourth Amendment Continue Reading...
Law in Higher Education
Case Name: Charleston v. Board of Trustees of University of Illinois at Chicago 741 F.3d 769 (C.A.7, Ill.2013) R-Z.
Procedural History: Charleston brought his 1983 action to the United States District Court for the Northern Continue Reading...
Judicial precedent basically means the process with which judges follow previously decided cases whose fact are of adequate similarity. As a practice of the court, the doctrine of judicial precedent provides direction to judges when they are applying Continue Reading...
PADILLA V. RUMSFELD & HAMDI V. RUMSFELD
Summary of Padilla v. Rumsfeld
Facts of Padilla v. Rumsfeld
Summary of Facts
Technical History
Holding
Supreme Court Reasoning
Lower Court Reasoning
Summary of Hamdi v. Rumsfeld
History of Hamdi v. Continue Reading...
Individual Research Task. Individual Research: Overview
Medina vs. California, 505 U.S. 437 (1992). Retrieved from Findlaw at:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=505&invol=437
Competency to stand trial (CST)
M Continue Reading...
Sky v. Holder
Susan Seven-Sky v. Eric H. Holder, 661 F.3d 1 (2011).
Facts
The Appellants in the case are four United States citizens and taxpayers who are seeking a declaratory and injunctive relief to prevent the enforcement of the minimum essent Continue Reading...
Briefings on Administrative Law
Case facts
In 1994, the initial state law that gave physicians the authority to prescribe lethal amounts of controlled substances to terminally ill patients was established by Oregon. However, in 2001 the Attorney G Continue Reading...
Ethics
One of the most high profile disbarment cases in the United States, the one of Egil Krogh, Jr., reveals the interface between politics, ethics, and the law. In many ways, Krogh was an ideal fall guy for the Nixon administration. On the other Continue Reading...
Leadership ethics by Lamar Odom that basically examines whether doing the right thing is enough in leadership. The author examines this issue given that the behavior of leaders has been one of the most intriguing issues in today's society and in orde Continue Reading...
The legal issue in question revolved around the terms of the Truth in Negotiations Act (TINA) which demands that pricing be based upon fair market value. The government stated that TINA applies to all contact negotiations regarding all essential me Continue Reading...
This writer has past volunteer work experience at senior centers, convalescent homes and assisted living centers has provided this writers with experiential knowledge gained through providing entertainment and interaction with older individuals in t Continue Reading...
Any allegations of individualized injury is superfluous, they alleged, on the theory that this was a "public" action involving questions as to the use of natural resources.
The Holding was that a person has standing to seek judicial review under th Continue Reading...
However, nothing can be done until the malware actually occurs. With all the different viruses, worms and Trojans, how can security managers possibly predict what malware will occur next? In contrast, a behavioral rule defines legitimate activity in Continue Reading...
Town of Greece v. Galloway
The Town of Greece County Commission desires to have a clergy-led prayer at the beginning of each meeting and has requested that the managing attorney and legal counsel for the county commission provide her views on the wi Continue Reading...
Criminal Law
Edwards v. South Carolina, 372 U.S. 229 (1963)
Facts: Edwards v. South Carolina is based upon an event that occurred on March 2, 1961. This is when 187 people peacefully marched upon the state capital of South Carolina to voice their p Continue Reading...
Gay Marriage
Many same-sex couples want to be granted the right to legally marry. The reason is simple: They are in love with each other. They want to honor their relationship in the greatest way society has to offer, by making a public commitment t Continue Reading...
He argues that if society were to allow the terminally ill to commit suicide, then it would be a small step to allow other members of society -- like the handicapped -- to do so as well. This is not a completely trivial argument for two reasons: fir Continue Reading...
They committee can establish a contract between the builder and contractor, provide a clear intent of each, demonstrate a breech by the faulty building and receive damages.
12.4 Unfortunately, I do not feel that, as the situation is worded, Einhorn Continue Reading...
Salmon v. Atkinson 137 S.W.3d 383
Type of Action
This case was an appeal of a decision by a lower court in favor of the plaintiff (Atkinson) by the defendant (Salmon). The case involved the claim by the plaintiff, a lawyer, for the reasonable value Continue Reading...
Even though the order promised prisoners would receive humane treatments, the Bush Administration said that Geneva Conventions was not applicable to them (Goldsmith, 2012, p. 39).
The Detainee Treatment Act, sponsored by Senator John McCain sponsor Continue Reading...
status of same sex marriage (or marriage equality) is a controversial argument that has inspired vehement debate on both sides of the agenda. Since 2001, at least 10 countries have conducted same-sex marriages, and supporters allege that more states Continue Reading...
He clarifies his status i.e. A spiritual leader and a learned person by using well chosen ethos of St. Aquinas, Jesus and Paul therefore puts him forth as a trustworthy person. Also being an African-American makes him the right person to participate Continue Reading...
Criminal Law
Title and Citation
The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil)
Type of Action
It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court i Continue Reading...
As activists in women's liberation, discussing and analyzing the oppression and inequalities they experienced as women, they felt it imperative to find out about the lives of their foremothers -- and found very little scholarship in print" (Women's Continue Reading...
Patient Rights
The major objective of informed consent is to give the patient an opportunity play a role in his health care decision. The law requires physicians to get an informed consent of their patients before any medical procedure. The patient Continue Reading...
Federalist Relevance
Madison's Relevance Today: Modern Echoes of Federalist No.
The Federalist Papers penned by James Madison, John Jay, and others in defense of the Constitution during the hotly contested period of its ratification remain some of Continue Reading...
The very fact that the U.S.A. Patriot Act was renewed in 2010 (albeit with some modifications) shows alert citizens that public safety will most often trump personal privacy and in some cases, a person's civil rights. The Find Law organization allud Continue Reading...
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial Continue Reading...
Miranda v. Arizona. 384 U.S. 436 (1966)
This case was first brought in district court against Ernest Miranda after a rape investigation led authorities to question him. Under questioning, Miranda admitted to raping a young girl and signed a written Continue Reading...
To make sure that the prisoner's viewpoint is observed, review boards must consist of at least one inmate or inmate representative when examining such research (Kluge, 2010).
Children
In researches dealing with kids, government laws require that g Continue Reading...
Trial Consultants
The American legal system has evolved and shape shifted much throughout the creation of the laws which govern this country and all of its very complicated and complex laws. The numerous trials that are conducted each year has allow Continue Reading...
Studebaker v. Nettie's Flower Garden, Inc.
Plaintiff Judith Studebaker was injured in a car wreck with James Ferry, an employee of defendant Nettie's Flower Garden, Inc. Ferry was responsible for the accident, and Studebaker sought to recover from N Continue Reading...
United States is in the middle of a war on drugs, and has been for several decades. Yet, many believe that we are losing this war, often because of the impractical approach legislation has taken in response to curb growing rates of addiction in the Continue Reading...
Ethics Case Study: Medical Law and Ethics
Jerry McCall is Dr. William's office assistant. He has received professional training as both a medical assistant and an LPN. He is handling all of the phone calls at the office while the receptionist is at Continue Reading...
Instead, Grimberg was saddled with an additional fabrication cost of $34,500 beyond that which it had originally quoted" (494).
Case name and citation
Ronald R. J Rhen, plaintiff v. The United States, defendant. No. 308-88C. United States Claims C Continue Reading...
U.S.C. § 48 is not aimed at specific instances of animal cruelty, but specifically at the creation and distribution of depictions of such abuse for the purposes of interstate and/or foreign commerce. This is the act that the appellant was unarg Continue Reading...
Bart and George were also not engaged in any fraudulent activities that were part of the reasoning behind the trial court's findings against them.
Maryland's law states that the shareholders will be held responsible if they fail to observe the corp Continue Reading...
Kalal v. Goldblatt Brothers, Inc.
368 N.E.2d 671 (Ill. Appellate Ct. 1977).
FACTS:
Donald E. Kalal and Goldblatt Brothers, Inc., entered into a written contract, which provided that Goldblatt would reupholster Kalal's sofa. The price agreed upon w Continue Reading...
Ethical Issue of Assisted Suicide
The American Society of Registered Nurses [ASRN] ( 2010) defines "physician-assisted suicide" as the facility to a patient by a medical health professional of the means of ending his or her own life. Assisted suicid Continue Reading...
Business Law
In 1960 an advertisement was run by the New York Times that was paid for by civil rights activists. The ad criticized the department of the police openly in the city of Montgomery for how it treated protestors of civil rights. The descr Continue Reading...