Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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Lucy v. Zehmer I. Statement of the Facts Zehmer owned a Farm that Lucy had made several offers to purchase‚ all of which Zehmer rejected. Lucy met Zehmer in the latter’s restaurant one evening. After drinking‚ they had a substantial discussion about the sale of the farm. Lucy made an offer of $50‚000. Zehmer drafted up Lucy a contract specifying the land‚ the amount‚ title satisfactory to buyer. Lucy took the written agreement and offered $50‚000 to Zehmer who refused to abide to the written agreement
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Arizona v. Rodney Joseph Gant 1. Heading a. Arizona v. R. Joseph Gant‚ Supreme Court of the United States‚ 2009 (April 21‚ 2009) 2. Statement of Facts a. Tucson‚ Arizona police officers acted on an anonymous tip that the residence at 2524 N. Walnut Ave was being used to sell drugs. The door was answered by Rodney Gant‚ who after a records check‚ revealed that Gant’s driver’s license had been suspended and there was an outstanding warrant out for his arrest for driving with a suspended license
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GONZALES V. RAICH‚ 545 U.S. 1 (2005) 352 F.3d 1222 Facts: Respondents contended that California’s Compassionate Use Act of 1996 exempted physicians‚ patients and care givers from criminal prosecution and allowed for the possession and cultivation of marijuana for medical purposes with the recommendation and approval of a physician. Respondents who suffered from medical conditions sought to avail themselves of this exemption. Because the Controlled Substances Act (CSA) enacted under the
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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Tinker v. Des Moines Independent Community School District et al‚ 393 U.S. 503 (1969) Facts: Petitioner was John F. Tinker‚ Mary Beth Tinker‚ and Christopher Eckhardt‚ high school students in Des Moines‚ Iowa. In December 1964 several students were joined in protesting the Vietnam War. The form of protest was to wear a black armband for two weeks. When protesters arrived at school they were told to remove the arm bands or be suspended. Students took the suspension and did not return to
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Miranda V. Arizona‚ 384 U.S. 436 (1966) Miranda V. Arizona is case where Mr. Ernesto Miranda who was suspected for kidnapping and rape of 18 years old woman. After Mr. Miranda is arrested and identified by victim‚ police interrogated him for two hours and he confessed the crime. However at time he signed a confession he was not aware of his rights. No one told him his rights to remain silent nor informed him that his statement would be used against him. Although‚ when he put his confession into
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Terry v. Ohio‚ 392 U.S. 1 (1968) “Unreasonable search and seizures” One of the many things learned at state police academies around the country is the “Terry pat”. What a Terry pat is‚ is a basic pat down of a suspects outer clothing‚ searching for weapons. The name came be known by a Superior Court case in the 1960’s‚ known as Terry v. Ohio. The case originated back in October 1963‚ involving John W. Terry and Richard Chilton. The two men were seen on a corner by veteran police detective
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GARRATT v. DAILEY Supreme court of Washington February 14‚ 1955 1.FACTS Plaintiff alleged that as she started to sit down in a wood and canvas lawn chair‚ defendant‚ a child under six years old‚ deliberately pulled it out from under her. The trial court found that defendant was attempting to move the chair toward plaintiff to aid her in sitting down in the chair and that‚ due to defendant’s small size and lack of dexterity‚ he was unable to get the lawn chair under plaintiff in time
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