In this case entitled Gulash v. Stylarama there was a contract entered regarding the construction of pools. The pool was built and constructed but after a period of time the pool began to tilt, in which that’s when Gulash decided to sue Stylarama. The suit was that Stylarama violated provisions of article 2 of the UCC (Uniform Commercial Code). Due to the fact the cost of the materials and the labor were not written out in detail but instead of in a lump sum it would make it hard to come up with a sum for the exact cost of the damages. Furthermore, since this is a contract with a mix of goods and services, article 2 of the Uniform Commercial Code would not apply the services only to the goods but the common law would to the services. And
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
The Case of R.V Machekequonabe Machekequonabe is charged with shooting and killing his foster father. The difficulty of this case revolves around the fact that his particular pagan Indian tribe believed in the existence of evil spirit wendigos which assume human form and pose a threat to their community. On one hand, there are rules against killing other humans, and on the other, Indian common law says that it is acceptable to kill wendigos (which the defendant believed he was doing). This essay will show how this conflict and ruling can be explained completely by Dworkin's theory of law and judicial reasoning.
These decisions led to a partial striking down of Texas’s capital punishment statute in 1989. The Supreme Court held that the question of whether a defendant would be a “future danger” to the community did not adequately allow for consideration of the defendant’s mental retardation as a possible mitigating factor. (Penry v. Lynaugh). Some jurors might believe that a defendant like Johnny Penry with a low IQ might be more likely to commit future crimes, perhaps because he could not learn from his mistakes or be deterred by the law. That ruling forced Texas to change the way juries were instructed in death penalty cases. Juries needed to understand that a person’s mental retardation should at least be considered as reason for giving him a life sentence.
The case of the haunted house that was sold without notifying the seller then property was haunted is Stambovsky v. Ackley. Ackley had made previous reports of existing ghost in the house to Readers Digest and local newspapers. Neither Ackley nor the real estate broker revealed the haunting to Stambovsky before he entered a contract and made a $32,500 down payment.
This week I will be talking about a juvenile case that had allegedly violated a young man Fifth Amendment Rights, meaning that he was read his Miranda Rights after confessing to the crimes that he was accused of. The case I will be speaking about is the Yarborough v. Alvarado, 541 U.S. 652, 124 S. Ct. 2140, 158 L. Ed. 2d 938 (2004), Micheal Alvarado, age 17 years old, was accused and convicted of second-degree murder and attempted robbery. But then after Mr. Alvarado confessed to his involvement he was then Mirandized after confessing to his involvement.
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
I was initially inclined to address the evidential issue of suspect identification, encapsulated in the Turnbull principles as Chrissie caught only a ‘brief glimpse’ of the attackers face. However, instructing solicitors have advised that presently, this is not germane.
Stuart v. Nappi was class lawsuit Stuart’s mother filed against school personnel and the Danbury Board of Education because she claimed that her daughter was not receiving the rights granted in the Individuals with Disabilities Act (IDEA). Kathy Stuart was a student at Danbury High School in Connecticut with serious emotional, behavior, and academic difficulties. She was suppose to be in special education classes, but for some reason she hardly ever attended them. Kathy was involved in a school-wide disturbance. As a result of her complicity in these disturbances, she received a ten-day disciplinary suspension and was scheduled to appear at a disciplinary hearing. The Superintendent of Danbury Schools recommended to the Danbury Board of Education
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.
Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man, got married in the District of Columbia. The Loving's returned to Virginia and established their marriage. The Caroline court issued an indictment charging the Loving's with violating Virginia's ban on interracial marriages. The state decides, who can and cannot get married. The Loving's were convicted of violating 20-55 of Virginia's code.
As we have just hired 12 new associate attorneys, it is relevant to remind all of those qualified to practice law at Thesis Law firm of the strategies to improve business with clientele. Senior attorneys have become leaders at Thesis Law by proving their worth to our clients as associates, and now hold ownership interests in our firm. Bo Yancey, director of consultants with LexisNexis at Redwood Analytics said that, “Successful strategy execution starts by understanding and interpreting business insights and then translating those insights into actionable measures that can be used to manage a firm’s performance” (qtd. in Lazere 13).
Analysis of the Case Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" The question starts off by giving us an element of the separation of powers when it says that there is no prescribed constitutional relationship between the courts and the executives. The concept of separation of powers propounded by Montesquieu, the French political philosopher, has three main criteria: (i) There are three main classes of governmental functions: the legislature, the executive and the judicial.
for sale. I would be interested in buying it for $2,000 if it is in
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Generally, the acceptance must be communicated to the proposer. If other method of communication is used to communicate acceptance, the postal rule will apply as exception to the general rule.