Title: Chimel v. California Date/Court: United States Supreme Court, 1969 Facts: This case deals with Ted Chimel, who they suspected robbed a local coin shop. On September 13, 1965, several officers from Santa Ana came to the home of Chimel with an arrest warrant for his expected involvement in the burglary. The officers arrived at the door and identified themselves to Chimel’s wife and asked if they could come into the home, she agreed and showed them into the house. While in the house the officers waited 10-15 minutes until Chimel came home from work.
to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to the hurt of plaintiff.
Colton Slaymaker Dr. Holcomb State and Federal Government 26 September 2017 Manuel v. City of Joliet During a traffic stop on March 18, 2011, in Joliet, Illinois, Elijah Manuel was pulled over for failing to signal. Police officers searched Manuel and found a vitamin bottle containing pills. The officers conducted a field test to check for illegal substances and came back with a negative result, suspicious still, they arrested Manuel and took him back to the station where an evidence technician ran another analysis of the pills in the vitamin bottle, once again, it came back negative.
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
Case Identification: 428 U.S. 153; 96 S. Ct. 2909; 49 L. Ed. 2d 859; No. 74-6257; Gregg v. Georgia. It was argued on March 31, 1976 and was decided on July 2, 1976. Facts: The defendant, Troy Gregg, sought the review of the decision from the Supreme Court of Georgia, which affirmed the opinion that the death penalty is not a violation of the eighth and fourteenth amendments. Gregg was charged with armed robbery and murder.
A. Castro is likely an “owner” of the dog because the injury took place after he allowed the dog inside his house, and took care of Puccini when he gave her a treat and bowl of water. A person is considered an owner of an animal, with or without the permission of the legal owner, if that person voluntarily assumes responsibility of an animal, or exerts a level of control over that animal. Steinberg v. Petta, 501 N.E.2d 1263, 1265-67 (Ill. 1986); Beggs v. Griffith, 913 N.E.2d at 1234; Docherty v. Sadler, 689 N.E.2d at 334. A court will not exclude a person from ownership because of the short contact with that animal.
. I believe the two situations are different because the arbitration clause in the insurance policy, that was sold by Sphere Drake Ins. Co., was well known by Rosalie & Matteo Corporation, the party that bought the policy. In the Brower vs. Gateway case, the arbitration clause was stuck in paperwork, that was stuck in the box that the computer came in. Brower had no idea about the clause until it was time to file the lawsuit.
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.
Courts turn to common law principles to analyze the character of an economic relationship (Master-servant), NY 8th Circuit stare decisis was established by Graves v. Women 's Prof 'l Rodeo Assoc. , 907 F.2d 71, 74 (8th Cir.1990). “Where no financial benefit is obtained by the purported employee from the employer, no “plausible” employment relationship of any sort can be said to exist because although “compensation by the putative employer to the putative employee in exchange for his services is not a sufficient condition, it is an essential condition to the existence of an employer-employee relationship.”
State of Georgia V. Marcus Dwayne Dixon (2003) Marcus Dixon was a highly recruited high school football player. His life suddenly took a tragic turn when he was falsely convicted of raping a 15 year old girl. The elements around his false conviction could have been avoided with some reform to the criminal justice courts system. Dixon initially had many charges against him but were narrowed down to statutory rape and aggravated child molestation. There was much racial disparity surrounding the jury on Dixon’s case, in that the county that Dixon committed his “crime” was a predominantly white population.
The case Foster v. Chatman is a very difficult and unpleasant case. The case highlights the embarrassing and disgraceful episodes of the United States’ history. Racism, discrimination and prejudice have occurred, since the inception of the country. The United States’ pledge of allegiance reads, “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” This statement is a very strong declaration, when it is often said, it can lose its sticking meaning, however this pledge can be deceptive.
(Douglass, p 2) Imagine that. Never knowing your mother except as a stranger in the night. Trust, as outline in the introduction, is an important part of any relationship, and there was no way for it to be present in this unfortunate
Also, they ordered that every county in Florida begin manually recounting all ballots that did not indicate a vote for president due to the fact there were enough contested ballots to significantly impact the outcome of the election. Governor George Bush and his running mate, Richard Cheney, in retaliation, filed a request for review to the Supreme Court. They sought an emergency petition to counter the Florida Supreme Court’s decision. The Court granted the writ of certiorari to determine whether the recount procedures adopted by the lower court were consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate. The Supreme Court heard this case of December 9, 2000 and focused on two main issues.
Trust being the most important of these elements, but trust like respect cannot be demanded; it had to be earned. (Pullen and Mathias, 2010). Throughout this activity, I have been able to put
The fraud triangle is made up by three distinguished elements. These elements in the fraud triangle consist of pressure, opportunity, and rationalization. The overall representation of the fraud triangle can be seen as the specific model to spot any type of high-risk unethical and fraudulent performances being conducted by a company, in this case Cendant Corporation. Cedant Corporations actions can be analyzed by the fraud triangle by the way that their senior management/top management decisions fell into the three categories of pressure, rationalization, and opportunity. Cendant Corporation had the pressure to comply with their shareholders and to maintain a stable financial status to prove that they were a profitable organization with a bright company image.
