298 Search Results for Supreme Court and Injury under the Law
Acheson Hotels, LLC v. LauferDeborah Laufer was a frequent litigant with physical disabilities and vision impairments, who brought a lawsuit against Acheson Hotels, alleging that Acheson Hotels failed to publish necessary information about their acce 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...
While the decision has hung over states as one national standard, it infringes the essential principles of federalism and separation of powers that are rooted in the country's constitutional system (Silversten, 2011).
During the time that the Supre Continue Reading...
Thus, the availability of handguns not only results in a surprisingly large amount of deaths each year, but also those deaths disproportionately affect juveniles and the mentally ill. If hand guns were unavailable to the population, juvenile murder Continue Reading...
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive.
Laws and policies should be reformed so they protect all the rights and due process for both men and women equally.
In concluding, ju 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...
Rape Case Law and Jurisprudence
Panichas[footnoteRef:2] discriminated between aggravated rape and lesser offenses in a review of Stephen Schulhofer's book Unwanted Sex: The Culture of Intimidation and the Failure of Law. When the use of violence or Continue Reading...
Refusal to cooperate with the physician selection on the part of the employee could result in a termination, cancellation or simple refusal of benefits.
This physician, the first to treat the patient regarding the work related injury for which the Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue.
Domicile
Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
The prima facie evidence provision in this statute blurs the line between these two meanings of a burning cross. As interpreted by the jury instruction, the provision chills constitutionally protected political speech because of the possibility that Continue Reading...
Employment Law & ADA Discrimination
Though the breadth of Employment Law is extensive the common thread running through the field is that legal protections are provided to individuals in the American workforce whose opportunities cannot be prese Continue Reading...
Q3: Compare FDA Form 483 to an FDA "warning letter."
The intention of a Form 483 is to teach, not to punish, according to the FDA. After it conducts an inspection, the FDA prepares an internal briefing. However, it also presents a Form 483 in priv Continue Reading...
S. COURT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)."
The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their li Continue Reading...
Looking at the claims of John Doe and the possible defenses by ABC Science as an attorney, I would recommend that the company reach some type of settlement with Mr. Doe allowing him to retain a position within the company. His claim under the ADA a Continue Reading...
Kevin Golden v. Town of Collierville 06a0062n.06; 167 Fed. Appx. 474; 2006 U.S. App.
Plaintiff firefighter appealed a decision of the United States District Court for the Western District of Tennessee, which granted summary judgment in favor of de Continue Reading...
Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury tria Continue Reading...
S. Congress 2006). Under a military commission's procedures and rules of evidence, the accused may present evidence, cross examine witnesses against him, and respond to evidence presented against him; attend all the sessions of the trial; and have th Continue Reading...
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Can Continue Reading...
In the spying story, the FCNL position is that spying on American citizens (tapping phones) without a warrant is illegal. The FCNL article gives visitors to the site the data on which Senators and members of the House voted for and against legislati Continue Reading...
Nadel et al. v. Burger King Corp. & Emil, Inc.
Legal Brief
What court decided the case in the assignment?
Case C960489 was filed on 05/21/1997 and heard by the Court of Appeals of Ohio, First District, Hamilton County. On 07/07/1997, a discret Continue Reading...
There were many factors quoted for the reasons for this type of incompatibility, and they were the following: Article 2 of the Brussels Convention is in fact mandatory, and it can only be derogated from in the numerous ways and means that have been Continue Reading...
Canadian Business and the Law
Does Canada have too much business law?
This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by author Continue Reading...
Political Science: First InitialQuestion 2The interest groups try to affect the judicial system in three ways: lobbying on judicial confirmations, filing amicus curiae briefs, and sponsoring litigation[footnoteRef:1]. Lobbying on the judicial confirm Continue Reading...
Using forensic medical evidence in court
It is a requirement by the International law for all states to carry out investigations for all allegations of torture and bring to book the culprits. The victims of such torture also need to be compensated ad Continue Reading...
Law: Aviation Law Reflective EssayPart 1: ReflectionThe module is important with its relevancy to the Aviation industry since it would help understand the law of aviation in the country. When one has to adopt a professional career in a certain field, Continue Reading...
GUN LAW PROPOSAL 2Gun Law Proposal: The No Mercy BillIntroductionGun control and various efforts to rein in gun-related violence deaths continue to be rather emotional and contentious issues. For this reason, no meaningful progress has been made to c Continue Reading...
The court held that the defendants could not be held liable for the injury under Georgia's fireman's rule (Legally Speaking).
Unlike the case in South Carolina, Georgia does acknowledge the fireman's rule as law and as such the EMT could not receiv Continue Reading...
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The ma Continue Reading...
National Do-Not-Call Registry and the CAN SPAM Act are both attempts to protect individuals from corporate marketing strategies. The National Do-Not-Call-Registry attempts to limit the ability of corporations to place unsolicited commercial calls to Continue Reading...
During the 1960's and 1970's, violent contact with the police, resulting in force occurred during anti-war, labor and civil rights demonstrations, during a politically tumultuous time. It is safe to conclude that excessive force was used during the Continue Reading...
Furthermore, in this instance, not even the Hoffman Group alleges that any of the tenants caused damage to the clubhouse, as the structure was never useable in the first place, despite the expectation of it being so, given the fees that the resident Continue Reading...
Hypothetical Situation
Case Facts: Darryl is a 20-year-old man who has consensual sexual intercourse with Victoria, a 15-year-old girl. Darryl usually likes his sex to be very physical or rough in nature. Although she is uncomfortable with this, Vi Continue Reading...
Combating Domestic Abuse in the United States
Domestic Abuse
In the United States, intimate partner violence afflicted nearly 4 out of 1,000 persons aged 12 or older in 2010, down from 1 in 100 in 1994 (Catalano, 2012). This translates into 0.9 mil Continue Reading...
Business Law Case: Nestle USA vs. Doe IChild slavery has been under serious debate for the past few centuries as it has been claimed as unethical and illegal by various countries of the world. However, modern slavery persists, and the advancement in Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection Continue Reading...
First Amendment, the Constitution, and the Supreme Court
Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speec Continue Reading...
It also illustrates how many of the same human rights that the U.S. Supreme Court has interpreted and applied are protected by others in a similar way." (Youm, 2007)
It is noted that Louis Henkin stated of the U.S. constitutional system and interna Continue Reading...
State v. Stark (1992)
Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary pro Continue Reading...
This decision overturned the previous decision in Atkins v. Children's Hospital which held that a state maximum hour law was an unconstitutional infringement on the right of freedom of contract and hence a violation of the Due Process Clause. The ju Continue Reading...