Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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Your Name: Marcos Zuniga Case Name: California v Hodari Citation: 499 U.S. 621 Date Decided: 1991 Area of Law: Fourth Amendment Vote: 7/2 Scalia delivered the opinion of the court‚ in which justice Rehnquist‚ CJ‚ joined and White‚ Blackmun‚ O’ Conner‚ Kennedy‚ and Souter‚ JJ‚ joined. Stevens‚ filed a dissenting opinion‚ in which Marshall‚ J.‚ joined Procedural History: California v Hodari first proceeding were through the juvenile courts. Hodari tried to suppress the evidence relating
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Hugh M. Caperton v. A.T. Massey Coal Company‚ Inc. 556 U.S.868 U.S. Supreme Court June 8‚ 2009 Facts: Hugh Caperton‚ C.E.O. of Harman mining (here on labeled as Caperton)‚ filed a lawsuit against A.T. Massey Coal Company (here on labeled as Massey) alleging that Massey fraudulently canceled a coal supply contract with Harman Mining‚ resulting in its going out of business. In August 2002‚ a Boone County‚West Virginia jury found in favor of Caperton and awarded $50 million in damages. Massey
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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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trial R. V Latimer (1997) Robert was convicted for second degree murder although the Supreme
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Judy Sal DATE November 11‚ 2011 Costanza v. Seinfield 181 Misc. 2d 562; 693 N.Y.S.2d 897 (1999) Parties: Petitioner: Costanza Respondent: Seinfield Facts: The plaintiff‚ Michael Costanza alleges that the television show‚ “Seinfield” has a character by the name of George Costanza who is based off of him without his consent. The character is bald‚ fat‚ has bad romantic relationships‚ and poor employment. Plaintiff alleges that “Seinfield” has portrayed him in a negative‚ humiliating
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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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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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