when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
The court cases Goldberg and Wheeler do not stand for the proposition that only welfare benefits for people in extreme circumstances are entitled to pre-termination hearings. However, this is one situation where cutting off benefits with little or no notice could affect the well-being of the family or person. Any programs that offer they type of assistance people rely on to survive could benefit from pre-termination hearings, not just the welfare program. Welfare is one of the main public assistance programs, although I think housing assistance and food stamps might fall into the welfare category, they are also in need of a pre-termination hearing. In the Goldberg and Wheeler cases, California and New York did not want to give anyone a hearing
Analysis of Kelo vs. New London The unpopular Supreme Court decision of Kelo vs. New London has broken many citizens trust in having secured property rights. In Kelo vs. New London, the City of New London was condemning the property of several homeowners, in order to sell the land to private developers that would use the land to make a retail condo development. The local government approved the new development in order to gain higher tax revenue and to bring more jobs to the area. Homeowners who believed that their waterfront residence was being unfairly taken contested the City’s actions in court.
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.
Johnson v. McIntosh was a title dispute over acres of land in present-day Illinois. The case, decided by the U.S. Supreme Court under Chief Justice John Marshall in 1823, turned on the question of whether or not Native Americans had the right to transfer land title by sale to private citizens. Like many cases that determined the rights of Native Americans, the litigants were non-native whites. The inquiry “therefore, is in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the Courts of this country” (pg. 13). In finding for the defendant McIntosh, the court ruled that the nature of Indian title is such that Indians can only transfer title to the federal government.
Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults? , What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
Two cases that were more surprising to learn about than others were; the Ingraham v. Wright (1977) and Grutter v. Bollinger (2003). The Ingraham v. Wright (1977) case because of how the principal hurt the child and didn't have proof. The Grutter v. Bollinger case was surprising because I didn't know that you colleges be unexpected because of race in 2003. The cases that I most agree with ruling are; Tinker v. Des Moines Independent School District (1969) and Kent v. United States (1966).
However, in Tinker v. Des Moines Independent Community School District, students wore bracelets to protest but never exhibited disrespectful or inappropriate behavior. (Decker,
In the novel A Separate Peace by John Knowles, Gene Forrester inadvertently causes the death of his best friend, Finny, a tragedy which results in his premature metamorphosis from an envious and insecure teenager into a man who loves himself and therefore others. At the beginning of the novel, during the summer session at Devon School, Gene describes his feelings about Finny’s evading disciplinary action for using a tie as a belt, a dress code violation: “He had gotten away with everything. I felt a sudden stab of disappointment. That was because I just wanted to see some more excitement; that must have been it” (Knowles 28). Gene is tired of Finny’s rule-breaking and is jealous of Finny’s powers of persuasion.
Barker v. Wingo 407 U.S. 54 (1972) Tomica Brown-Wright Strayer University SOC 205 Society, Law, and Government Dr. Terry Lunsford October 26, 2014 Introduction According to Justia (2014) Barker v. Wingo, 407 U.S. 514 (1972), was a United States Supreme Court case that tried the determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases have been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination the (1) length of delay there isn’t an absolute time limit that is just one factor used in determining whether a speedy trial has been denied.
Alford plea – When a defendant neither wants to admit full guilt, nor do they want to plead no contest or innocent, there is yet another possible option. If a defendant wants to assert that they are indeed innocent, but they know that the prosecution has enough evidence to prove that they committed the crime they are being charged for, they can enter an “Alford plea,” which is also known as a “Kennedy plea” in West Virginia. Essentially, this plea is a guilty plea, not because of an admission to the crime, but because the prosecutor has enough evidence to obtain a conviction in court. Plea bargain – When the prosecutor and the defendant in a criminal case make an agreement on a guilty plea in return from some sort of concession from the prosecutor, the agreement is known as a “plea bargain.”
People all over the world, in their own way all share the same goal of acceptance. The reality of this goal, is that a lot of people are not accepted. In the stories “Texas v. Johnson Majority Opinion” by William Brennan, and “The Lottery” by Shirley Jackson, and in the film Bullied by Bill Brummel, they all show examples of how some people are not accepted. They are not accepted in the stories, because they are different then others and people make opinions about them without knowing them. These selections show when people are not accepted, they will feel depressed and unwanted.
“She wanted her son to go there as well, but because of affirmative action or minority something...her son wasn’t accepted” (Rankine 13). This quote is interesting to me because it reminds of the case Grutter v. Bollinger, where a white female applicant to the University of Michigan Law School sued the school for violating her Fourteenth Amendment because they denied her admission. She lost in the end, but the ideology that minorities are more easily accepted into schools than whites is still thought and said by some white Americans today. The importance this quote serves to the poem is that the quote is another example of a microaggression that the author wants the reader to understand happens. “She says she grabbed the stranger’s arm and