Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
The appropriate effective date for the grant of service connection for PTSD should be dated back to August 1980, not May 2000. This argument is based on the precedent set forth in Vigil v. Peake. In Vigil v. Peake, Judge Kasold explains the conditions under which an earlier effective date can be granted, and these conditions can also be applied to our case. In his opinion, Judge Kasold explains that 38 C.F.R. § 3.156(c) authorizes that an effective date can be stated as early as the date of the original claim and up to the date of the claim to reopen.
_ Good Cause document was very generic and did not clearly explain the good cause reason why the rep payee had submitted late filing of CDR hearing appeal. missing in good cause letter was rep payee was actively pursuing an appeal with section 301 and after further clarification from the office D47 she decided to request a hearing request with good cause.
I. QUESTION PRESENTED What is the impact of Mr. Roberts and Ms. Turley holding their new home as joint tenants in a community property state? II. SHORT ANSWER By opting to hold the new home as joint tenants in a community property state, the couple will realize the higher level of creditor protection afforded by a joint tenancy but will lose the significant tax benefits afforded under the community property tax regime.
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
Mills vs. Board of Education District of Columbia: In 1972 there were seven students that weren't included in the District of Columbia Public School System a group of the students Guardians and parents got together and went after the school board. Pointed out that all the students had special need requirements, where African American in the families did not have resources to send children too private special needs schools. Judge found that the District of Columbia have the responsibility to provide free public education to all students they had special needs in cannot be denied Education without a due process hearing. Work Cited Mills versus Board of Education District of Columbia 1972
Florida courts are plagued with too many people appointed or elected who are entrusted with the sole responsibilities of doing out justice in their public official capacity, who often times suffer from the common syndrome of lacking the ability to separate the administration of justice from the imbuing of their very own interest and passion. Court Judges, prosecutors, and even law enforcement officers very often cannot resist the urge to impart their very own passions and interest into the administration of justice. Far too often an individual’s social, background, and even financial status plays a significant role into the courts official’s decisions and administration of justice. The decision to impose a stiff penalty as oppose to showing
MILLERSBURG — Despite a plea for leniency expressed by the victim, a Sugarcreek man was unable to overcome a long history of criminal convictions and a bond violation when a Holmes County judge on Wednesday sentenced him to prison for making unwanted phone calls and threats to several members of a family over a period of months. David Lamar Schrock, 43, of 2578 State Route 39, previously pleaded guilty in Holmes County Common Pleas Court to two counts of telephone harassment and one count of menacing by stalking. In exchange for his guilty plea, the state agreed to dismiss two additional counts of telephone harassment and three counts of menacing by stalking. The charges are made more serious because Schrock was convicted, in January 2016,
I am writing to you to address the Lockhart v. United States case. The issue being tried is, whether or not the mandatory minimum should apply to Lockhart because his previous conviction was of sexual abuse against an adult not a minor or a ward. I choose this case because it is an example of the past affecting the future. In this case Lockhart’s prior crime is affecting how his case is being tried currently. My past has affected my future with every decision I make and things that have happened in my life.
The danger arising from such practice is that the people do not have a voice if judges become unwilling to recognise fundamental rights. One example of how legislation is infringing on fundamental rights is seen in Fardon v Attorney-General (Queensland) . 12 In this case, there was debate as to whether legislation allowing the Supreme Court to order the continued detention of serious sex offenders once their original sentence had been served was constitutionally valid if the person presents a serious risk of re-offending. In effect, a person could be kept in prison in the absence of committing a new crime and without the need to show mental illness or other symptoms which would normally justify extended detention.
PGA Tour vs. Casey Martin Golf being a sport that requires a person to walk long distances, therefore who would have imagine that Casey Martin with a walking disability would participate in the PGA Tour. Furthermore, Casey Martin was a professional golfer suffering from Klippel-Trenaunay-Weber syndrome would sue the PGA for neglecting his right to ride a golf cart (Taylor, 2012). However, there were many issues before the court that influence the court outcome. Therefore, this paper will discuss the court proceeding and its decision regarding the resolution of the case. Moreover, a more in-depth view of the court decision will be provided by analyzing the facts that were provided by both sides.
I chose Sonia Sotomayor because she faced a lot of challenges like diabetes when she was 7 years old. She also had a alcoholic father and died. Her mother worked two jobs or more to survive. She helped her cousin to buy drugs right before his death from AIDS().She also had to deal with discrimination by lawyers. She overcame lots.
The reason O.J. was found not guilty of murder and acquitted in criminal court, but found guilty of the tort of harm and ordered to pay damages in the civil court lies in the structure of our legal system, in regards to criminal cases and civil cases. The distinct difference between criminal cases and civil cases provides further explanation regarding the O.J. Simpson case. Criminal cases deal with crimes against society. It is the government, not the victim, who brings action against the charged individual. In criminal cases, the penalties can include a number things including jail time.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
