State v. McNeely 358 S.W.3d 65 MO. (2012) Facts: The defendant was stopped by a Missouri state highway patrolman for speeding and during this stop the trooper noticed that the defendant was displaying all the tell-tale signs of being intoxicated; blood shot eyes‚ slurred speech‚ and the smell of alcohol on his breath. This stop then changed from being a speeding stop to a DWI investigation. The trooper had the defendant get out of his truck and perform standard field sobriety tests. The defendant
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Case Brief Assignment: State v. Kelbel Monique Ramirez JS 143 Professor Peterson Case: State v. Kelbel Facts: Kyle John Kelbel was convicted of first-degree murder‚ past pattern of child abuse‚ in violation of Minnesota state statute section 609.185(5) and second-degree murder‚ in violation of Minnesota statute 609.19‚ subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed‚ and argued that the district court failed to instruct
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Case: Miranda v. Arizona (1966) Facts: In March 1963‚ a kidnapping and sexual assault happened in Phoenix‚ Arizona. On March 13 Ernesto Miranda‚ 23‚ was arrested in his home‚ taken to the police station‚ recognized by the victim‚ and taken into an interrogation room. Miranda was not told of his rights to counsel prior to questioning. Investigators emerged from the room with a written confession signed by Miranda. It included a typed disclaimer‚ also signed by Miranda‚ stating that he had “full knowledge
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Case Brief for: Obergefell v. Hodges‚ 576 U.S. (2015). Facts: Groups of the same sex couples sued their relevant state agencies in Ohio‚ Kentucky‚ Michigan‚ and Tennessee to challenge the constitutionality of those states bans on the same sex marriage or refusal to recognize legal same sex marriages that occurred in jurisdiction that provide for such marriages. James Obergefell (plaintiffs) in each case argued that the states statutes violated Equal Protection Clause and Due Process Clause of the
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Legal Brief: Pennsylvania State Police v. Suders Facts: • Pennsylvania State Police hired Nancy Drew Suders as a police communications operator. • Suder’s supervisors were Sergeant Eric D. Easton‚ Patrol Corporal William D. Baker‚ and Corporal Eric B. Prendergast. • Suders was subject to sexual harassment from all three of her supervisors during the term of her employment. • Easton would mention the subject of people having sex with animals each time Suders entered the office. • Easton told
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Facts: The negligent act of Ruth in the fact that she did not properly park her car caused a series of accidents that resulted in knocked down power lines‚ grass fires‚ a gas station explosion‚ and an injured motorist. These accidents originated with Ruth’s in-action to not properly observe the securing of her vehicle which resulted in the damages suffered by the plaintiff Jim. Issue: The defendant Ruth owed a duty of care by her actions to protect the plaintiff Jim from harm. In the fact that she
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Case 1 General Mills’ Acquisition of Pillsbury from Diageo PLC 1. What are General Mills’ motives for this deal? Estimate the present value of the expected cost savings (synergies). In the spring of 1998 General Mills began studying areas where they could add to the company and advanced a strategy of acquisition-driven growth. General Mills has several motives for pursuing a deal to acquire Pillsbury. Pillsbury was identified as an ideal target due to its ability to complement General Mills’
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Republic of Austria v. Altmann 124 S.Ct. 2240 FACTS: In 1998 it evidence was discovered that certain works in the Austrian Gallery archives in Vienna‚ Austria had not been obtained from their rightful owners. These works were believed to have been seized by the Nazis or expropriated by the Austrian Republic after World War II. Prior to the Nazi invasion of Austria in 1938‚ the paintings had hung in the Vienna home of Maria Altmann’s uncle‚ Ferdinand Bloch-Bauer. Mrs. Altmann claims ownership
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that the gross negligence noted in Ultramares case has been eliminated. Ultramares Corp. v Touche is the leading case regarding the application of privity. Some people argued that it should be abandoned because it is outdated (Tavella‚ 2012). But New York‚ Florida and Pennsylvania still outlined the Ultramares rule while some states have adopted different approaches even today. The case of Credit Alliance Corp. v. Arthur Anderson & Co. was among of the cases that reaffirmed the Ultramares rule in the
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1. In the case of Bethel School District v. Fraser a lot happened. In my understanding there was a school event in which students gave speeches. The one student gave a speech with language unaccepted in the school‚ and got suspended‚ and was not allowed to be voted in for the election. The Father got angry and believed that his sons amendment rights were being violated. He felt like his sons first amendment right of freedom of speech was being withheld from him‚ along with his fourteenth amendment
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