would be material. When determining whether a fact is “material” or not under the rule‚ teams should use common sense. Ask whether the creation of the fact significantly helps either side’s case. If the answer is “yes‚” the fact is material. If a team creates a material fact in the process of their case‚ that is best exposed and attacked through impeachment and closing arguments‚ and should be dealt with in the course of the trial. A team that deals with creation of material facts in this fashion
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James Donalds – Case Brief Practice R. v. Sparrow‚ [1990] 1 SCR 1075 Facts: Sparrow was charged under s. 61(1) of the Fisheries Act with the offence of fishing with a drift net longer than permitted by the terms of the Indian Food Fishing License. Sparrow admitted to committing the act‚ but claimed that he has the aboriginal right to fish under s. 31(1) of the Fisheries Act. Therefore‚ the Act is inconsistent with s. 35(1) of the Constitution Act‚ 1982 and is invalid. He was unsuccessful
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References (Article 1) Nature vs. nurture: The case of depression. (2013‚ May 13). Retrieved November 17‚ 2014. O’Shaughnessy‚ D. (n.d.). Nature vs. nurture: The case of depression. Retrieved November 17‚ 2014‚ from http://www.thementalelf.net/mental-health-conditions/depression/nature-vs-nurture-the-case-of-depression-how-do-your-genetic-make-up-and-life-experiences-affect-your-chances-of-developing-depression/ A) Due to studies the author was linking his articles more towards the nature side.He
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LEGAL BRIEF OF CASE 2-3 Case name‚ citation‚ and court: Ashley County‚ Arkansas v. Pfizer‚ Inc‚ 552 F.3d 659 (8th Cir. 2009) Summary of Key Facts: An ingredient widely used in Pfizer’s products is a necessary ingredient in the manufacturing of methamphetamine in small toxic labs which are responsible for dangerous explosions‚ burns‚ and toxic fumes. Arkansas has one of the largest numbers of small toxic labs in the US and is burdened with high costs of fighting the meth epidemic and is seeking
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Gregg v. Georgia My Legal Brief of the Case Facts: Gregg argues that capital punishment is cruel and unusual‚ so it violates his constitutional rights protected under the Eighth Amendment. In 1972 the U.S‚ Supreme Court ruled in Furman v. Georgia‚ that the death penalty couldn’t be used in an arbitrary manner‚ in any state. Issues: Gregg‚ who was sentenced to death‚ argues that society has evolved to a point‚ where capital punishment should no longer be viewed as an acceptable form of
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however‚ the courts found it unnecessary to pass due to constitutionality of the Ordinance because there is another reason it should be dismissed. The legal elements required to determine criminal accountability must be examined to determine if this case was handled correctly. Facts: In October of 1970‚ the defendant‚ her boyfriend‚ and two other people drove near the area of St. Ignatius Retreat Home. The defendant was a passenger and to her understanding‚ they were headed for Christopher Morely
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Search and Seizure Portfolio In his article Florida v. Harris: Turning Police Dogs into Search Warrants on a Leash‚ John Whitehead questions the intentions of both police officers and Supreme Court judges‚ who seem to be condoning and ruling in favor of unconstitutional searches of American citizens. The criteria for what qualifies as probable cause has now been left up to the judgement of an officer. With variance in why a search should be conducted‚ Americans are left in the dark when it comes
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Plessy v Ferguson Before the supreme court case Plessy v Ferguson was put into action African Americans and caucasians had separate everything‚ due to racial discrimination. Plessy v Ferguson began whenever a man named Homer Plessy was arrested for sitting in a “white only” car. After going to court multiple times with this case‚ the supreme court set the doctrine Plessy v Ferguson in place. The doctrine stated that it was constitutional to have separate facilities for both caucasians and African
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Roe vs. Wade Roe vs. Wade is a very well-known court case about abortion in the United States. It broke the news in 1969 when a divorced‚ poverty stricken‚ high school dropout‚ Norma McCorvey‚ desired for an abortion.1 In the state of Texas during this time‚ abortion was prohibited unless it jeopardized a woman’s health. So‚ Norma decided to have her child and set the child up for adoption. Then‚ she met Sarah Weddington and Linda Coffee. Dictating on whether Texas’ Law was constitutional‚ the
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Helvering v. Gregory Summary Issue Commissioner Helvering of the Internal Revenue‚ the plaintiff‚ petitioned the United States Court of Appeals to review the decision of the Board of Tax Appeals to remove the tax deficiency associated with a transaction affecting the income taxes of the defendant‚ Evelyn Gregory. Facts The Taxpayer‚ Evelyn Gregory‚ owned all the shares in United Mortgage Company. United Mortgage owned shares in Monitor Securities Corporation. The taxpayer created Averill
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