Case Facts: Ernesto Miranda was arrested and locked up in a Phoenix police station on March 13, 1963 where he was identified by a complaining witness (Samaha, 2012). Law enforcement officers took him to an Investigation Room where he was questioned b Continue Reading...
Accounting Court Case Brief-Federal Tax Class United States vs. St. Pierre, 599 F. FACTS The Staab Agency acts as an agent for out-of-state trucking companies looking to register trailers in Maine. Shirley St. Pierre, the appellant in this case, Continue Reading...
Dennis L. Hayden and Sharon E. Hayden vs. Commissioner of Internal Revenue (CA-7), U.S. Court of Appeals, 7th Circuit, 99-2520, 2/11/2000, 204 F3d 772. FACTS Plaintiffs, Dennis and Sharon Hayden, married, were sole partners of the proprietorship ca Continue Reading...
But if Houston insisted that Plessy be enforced that is, if the NAACP sued a state to make its schools for black children equal to those for whites which Plessy did require then he could undermine segregation. (Jomills Henry Braddock. A Long-Term Vi Continue Reading...
Unreimbursed Theft Loss Schroerlucke vs. U.S., 2011 WL 4440599 (Fed. Cl.) Facts Mr. And Mrs. Schroerlucke claim they were due a tax refund for unreimbursed losses for 1997, 1998, 1999, and 2002. Mr. Schroerlucke had worked for World Com until he t Continue Reading...
Proportionality in War The principle of proportionality in war is something that is hotly contested and debated. How the principle could and should apply in terms of response to military action or aggression, the incidence or possibility of civilian Continue Reading...
D. joined the Majority. Justices Blackmun, H.A. And Powell, L.F. wrote a special and regular concurrence respectively. In addition to voting with the majority, O'Connor S.D. joined Powel's concurrence. Writing Dissenting Opinion(s): Stevens, J.P. fi Continue Reading...
Supreme Court cases (Muller V. Oregon) women's right Why it was an issue of national importance The Muller v. Oregon case was among the most crucial Supreme Court cases in the U.S. during the progressive regime. The case held an Oregon law that lim Continue Reading...
Marbury v. Madison Supreme Court Case Study Every year Supreme Court provides decision in cases that really impact the American citizen's rights. The aim of this analysis is to keenly check cases handled by the Supreme Court and the way they were g Continue Reading...
The Court also stated that if an individual indicates at any time that he wants to remain silent, the interrogation must stop; any statement taken after this time is the product of compulsion. Silence can never constitute a valid waiver. Dissent: J Continue Reading...
Is the EEOC's understanding of its rule entitled to respect under Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case? Martel v. Clair - Docket N Continue Reading...
7. Sester v. United States - Docket No., 10-7387 -- The question is whether a district court has authority to order a federal sentence to run consecutive to an anticipated, but not-yet-imposed, state sentence ? 8. Williams v. Illinois - Docket No. Continue Reading...
Supreme Court Case The Supreme Court decision in Plessy v. Ferguson was an extremely important one, and one which set a significant precedent in the United States that would not be overturned until the Brown v. Board of Education decision in the mid Continue Reading...
Knorpp v Hale 981 SW 2nd 469 (Tex. App. 1998) Knorpp v Hale is a case from Texas that deals with the issues of responsibility towards an individual coming onto one's personal property and then experiencing a danderous or negative situation. In this Continue Reading...
Mapp v. Ohio Facts: suspicious that the petitioner (Dollree Mapp) was hiding a bombing suspect and some paraphernalia that that may have been used to carry out a bombing in the state, Cleveland police went to her residence demanding to be allowed to Continue Reading...
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' 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...
It is merely a separate agreement between the assignor and assignee in which the assignor gives its rights under the contract to the assignee for good and valuable consideration. Since an assignment is not a modification to the original agreement, i Continue Reading...
391). Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a Continue Reading...
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to priv Continue Reading...
Reasonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001) Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001) Type of Action: Review by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth C Continue Reading...
Gault Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378. Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into Continue Reading...
4Giles v. CommonwealthCite as 672 S.E. 2d 879 (Va. 2009)Facts of CaseDefendant, Christopher Lee Giles, took part in breaking and entering a house on September 28, 2005, in the City of Martinsville. The house belonged to Oscar Thornton, which was an i Continue Reading...
United States of America, Plaintiff -- Appellee, Ann W. McRee, Joseph H. Hale, Defendants -- Appellee. United States Court of Appeals, Eleventh Circuit. Parties: United States of America (Plaintiff) v. McRee & Hale (Defendants) Facts: On Fe Continue Reading...
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964) 379 U.S. 241 In the Court of: U.S. Supreme Court Argued on: October 5, 1964 Decided on: December 14, 1964. Facts Reasons for the Lawsuit: The appellant is the owner of a large motel (Heart of Continue Reading...
Court System In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other thing Continue Reading...
Case Brief: In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage Corp., an entity that held some stocks at Monitor Securities Corp, she desi Continue Reading...
Law Enforcement Jurisdiction & Authority Law Enforcement Jurisdiction and Authority As with many governmental agencies, law enforcement is partitioned by agency type, organizational mission, overall size, and jurisdiction. The law enforcement a Continue Reading...
Parties: United States of America (plaintiff) v. Ramzi Ahmed Yousef, Eyad Ismoil and Abdul Hakim Murad (defendants) Facts: Ramzi Yousef, Eyad Ismoil also known as Eyad Ismail, and Abdul Hakim Murad also known as Saeed Ahmed were charged by the Uni Continue Reading...
Due Process Law and 5th & 14th Amendment Issues in Gilbert v. Homar, 117 S.Ct. 1807 (1997) Title and Citation: Gilbert v. Homar, 117 S.Ct. 1807 (1997) Type of Action: Review by the U.S. Supreme Court of a ruling made by the United States Court Continue Reading...
HOLT V. HOBBS: PETITIONER'S SIDE OF THE CASE The objective of this study is to answer the legal question of whether the Arkansas Department of Corrections grooming policy violate the Religious Land Use and Institutionalized Persons Act by preventing Continue Reading...
Indianapolis vs. Edmond 531 U.S. 32, 121S. ct.447, 148 L. Ed. 2D 333(2000) Facts: In an attempt to discover and intercept unlawful narcotics on transit across the city, Indianapolis police implemented a highway checkpoint program, where motorists w Continue Reading...
Citation: Polera v. Board of Educ. of NewburghCourt or Commissioner: United States District Court for the Southern District of New York, Mark D. Fox, 479 United States Magistrate JudgesProcedural Background: Southern District of New York found the sc Continue Reading...
S. No. 04-1739 (2006) Facts: Issue(s): Ruling: Analysis: Minority Rationale: Comments: Two examples of where rights are limited in the ownership of land or property: Servitudes and easements are put into place... Servitudes and easements can Continue Reading...
An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears Roebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory langua Continue Reading...
Superior Court In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and thei Continue Reading...
com" from an Internet host in Maryland to a host in New York. The New York host turned out to be merely an intermediary of a Canada-based company (Tucows). Tucows eventually turned over the domain name to the Alabama authorities upon their request. Continue Reading...
The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a cons Continue Reading...
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventi Continue Reading...
