Class 3 Anti-trust Laws Nature and Purposes of the Antitrust Laws * Prohibits agreements and collective action that unreasonably restrain trade. [section1] * Prohibits monopolization and attempted monopolization [section 2] * Purpose is to preserve a competitive marketplace and protect consumer welfare. NCAA v. Board of Regents of University of Oklahoma * S.C. established an analytical framework for applying antitrust law to the sports industry. * The “competition itself”
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unintentionally hurt another person is liable for the harm through intentional harm. Holdings: the jury rendered a verdict for the plaintiff of $2800. Rationale: the touch was the exciting or remote cause of the destruction of the bone. The case was a case of torts and it related to the assult and battery which the defendant should pay money for the plaintiff. The defendant has no proof of any other hurt‚ and the medical testimony seems to have been agreed that this touch or kick was
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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(Nadel v. Burger King Corp.‚ 1997 Ohio App. LEXIS 2144) Source: Company Profiles and Directories;US Law Reviews and Journals‚ Combined;Federal & State Court Cases - After 1944‚ Combined;Newspaper Stories‚ Combined Papers Combined Source: Company Profiles and Directories;US Law Reviews and Journals‚ Combined;Federal & State Court Cases - After 1944‚ Combined;Newspaper Stories‚ Combined Papers Project ID: 7 of 8 DOCUMENTS CHRISTOPHER NADEL‚ by and through his next friend‚ BRENDA NADEL
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that the testator’s name be subscribed at the end of the will by some other person‚ in the testator’s presence and at his direction. In order to make a valid will‚ the testator must strictly comply with the provisions for formal execution. In this case there is no way of knowing that the decedent’s failure to sign was a mistake or not. DISPOSITION: The lower courts determination of invalidity is affirmed. COMMENTS: It is evident that the will was not signed by the decedent and in accordance
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the warrant. REASONING/RATIONALE: The Maryland Supreme Court found that the warrant did not authorize a search of Garrison’s apartment and the police had no justification for making a warrantless entry into his premises; however that was not the case. The US Supreme Court found that the police reasonably believed that they were searching McWebb’s apartment and it was a mistake. The warrant was executed in a reasonable manner‚ despite the mix up. The police acted in the best of their ability and
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silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule: No‚ because
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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Briefing the Case Assignment In the renowned Supreme Court Case of Jackson vs. Birmingham Board of Education‚ the rule of law was held to be that retaliating against a person because he has complained of being discriminated on the grounds of sex falls under a branch of intentional sex discrimination‚ which is encompassed by Title IX‚ Education Amendments of 1972. This was an important case with respect to intentional sex discrimination and never before had such principle of law been enunciated
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Joanne Casillas Advanced Legal Writing June 2‚ 2014 Gonzalez ex rel. v. Reno‚ 86 F. Supp. 2d 1167 (SD. Fla. 2000) Facts: The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25‚ 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the voyage from Cuba to
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