The People of the State of New York V. Donald L. McCray Nature of the Case: Appeal upon a verdict convicting defendant of the crimes of assault on a police officer and criminal use of a firearm in the 2nd degree. Concise Rule of Law: Mental Hygiene Law § 9.41 which permits persons who appear to be mentally ill and acting in a manner that threatens safety of self or others to be taken into custody. The Penal Law § 120.08 imposes strict liability with respect to the serious injury aspect
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of the restriction is still entitled to rely on his apparent authority. The difficult case is where A‚ in concluding a transaction that would be within his usual authority as agent‚ contracts in his own name without disclosing the existence of a principal‚ so that the third party assumes he is dealing with a principal. In Watteau v. Fenwick & Co35 the doctrine of usual authority was held applicable to such a case also. H owned a hotel. He sold it to the defendants‚ who retained him as manager.
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Case Title: Regina v. G and another (Appellants) (On Appeal form the Court of Appeal (Criminal Division)) Citation: [2003] UKHL 50 Procedural History (PH): The appellants were charged on 22nd August 2000; without lawful excuse damaged by fire; commercial premises and being reckless as to whether such property would be damaged. The appellants stood trial before Judge Maher in March 2001. The appellants’ case at trial was that they expected the fire to extinguish itself on the concrete
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United States v. Jones‚ United States Supreme Court (2012) 132 S. Ct. 945 Facts of the Case Respondent Jones was a subject of a Government investigation in part of a much larger drug trafficking conspiracy. As part of the investigation‚ FBI agents had obtained a court order to place a GPS tracking device on a vehicle driven by Jones – a Jeep registered to Jone’s wife. The court order was issued in the District of Columbia and was set to expire 10 days after it was signed by the judge. On Day
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Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
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McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch‚ a cashier for the Baltimore‚ Maryland Bank‚ was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with
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Name of Case in Proper Legal Citation Format Jones v. Star Credit Corp 59 Misc.2d 189 (1969) Who is/are the plaintiff(s) (i.e. consumer‚ company‚ employee‚ government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiffs who are welfare recipients agreed to purchase a freezer for $900‚ and purchase price came out to be $1234.80 with all the other added taxes. So far the plaintiffs have paid $619.88‚ however the freezer is only worth about $300. What legal question
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Holmes v. South Carolina United States Supreme Court 547 U.S. 319 (2006) : Facts: Holmes was charged with first degree murder‚ first degree burglary and robbery in connection with an incident involving an 86 year old woman‚ Mary Stewart. Holmes was also charged for the rape and murder of Stewart. At the trial court‚ Holmes was convicted by the South Carolina Supreme Court. The United States Supreme Court denied certiorari. The petitioner had appealed and the court granted a new trail. During
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Hudson v. Michigan‚ 547 U.S. 586 (2006) Facts- Detroit police obtained a warrant authorizing a search for drugs and firearms at the home of Booker Hudson. When police arrived to execute the warrant‚ they announced their presence but waited “three to five seconds” before turning the knob of the unlocked front door and entering Hudson’s home. Police discovered large quantities of drugs‚ including cocaine rocks in Hudson’s pocket and a loaded gun placed in between the cushion and armrest of a chair
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IRAC Writing Assignment‚ Chapter 3 1. Case Name‚ Citation‚ and Court Peoples Trust Company of Bergen County v. Kozuck 98 N.J. Super. 235‚ 236 A.2d 630‚ N.J. Super. Lexis 389 (1967) Superior court of New Jersey‚ Law Division 2. Key Facts A. Peoples Trust Company of Bergen County is a bank located in New Jersey. B. Saul and Elaine Kozuck‚ husband and wife‚ signed a promissory note with Peoples Trust Company. The Kozucks contend the due date was improperly filled in by the bank
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