According to Montalvo v.Borkovec Court of Appeals of Wisconsin in 2002. “On November 21, 1996, Montalvo entered St. Mary's Hospital in Milwaukee, Wisconsin, with pre-term labor symptoms. An ultrasound revealed that the baby was 23 and 3/7 weeks old, and weighed 679 grams. Attempts to interrupt her labor and delay the birth were unsuccessful. Prior to delivery of the child, the parents executed an informed consent agreement for a cesarean procedure. Dr. Terre Borkovec performed the cesarean section. At birth, Emanuel was "handed off" to Dr. Arnold, a neonatologist, who successfully performed life-saving resuscitation measures.” The baby ended up surviving, however a complaint was made against both of the physicians, Dr. Terre Borkovec and Dr.…
Ms. Greear stated that Mr. Daubert had kissed one of the female players named Kendra Wallin. He had kissed her once on the forehead and once on the cheek. In addition, Ms. Greear stated that Mr. Daubert had put his hands on Ms. Wallin’s waist. It was not clear from Ms. Greear’s statements if she witnessed the kisses by Mr. Daubert or if she was told that it took place by Ms. Wallin.…
In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…
4)The case we read in class that I enjoyed the most was State of Connecticut v. Cardwell. I primarily liked it because it best exemplifies the difference and complexity regarding the sale of goods and the helps reflect the distinction between a “shipment” and “destination” contracts. I disagree with the trial courts judgment that Cardwell sold tickets within Connecticut and thereby violated Connecticut statute. However, I agree with the judgment of the court after the appeal. The transfer of goods occurred in Massachuestes, therefore the sale of the tickets, as defined by the code, occurred in Massachusts.…
The selection that makes a more effective argument is selection 1 " Lochner v. New York Decision" because it not only give strong evidence it also states that this is the man is a second time offender. As stated in the selection "after having been therefore convicted of a violation of the same act, and therefore, as averred, he committed the crime or misdemeanor, second offense." It also says that somebody who work passed the maximum number of hours wouldn't develop any health problems, but it states that he, "wrongfully and unlawfully required and permitted an employee working with him in his biscuit, bread, and cake bakery and confectionery establishment, to work more than sixty hours in one week." What this quote from the text is saying…
A graduate from WIU notified the police about a child being beaten. The graduate student then gave the officers the home address of where the reported abuse was coming from. Officer Gung Ho and his partner Nab went to the home they were notified about. Police knocked on the door and Ms. Smith answered. Police explained why they were at her place of residence and Ms. Smith invited the officers in and called for Sam, the child. A man named Joe Thug, and Sam both came out of an upstairs room. Thug started yelling at the police to get out of the house unless they have a warrant. Officers told Thug to remain in the room, but as he did so, Officer Ho noticed what appeared to be “cigarette burns” on Sam’s arms. Officer proceeded upstairs after Joe…
In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…
Florida v. Bostick was a felony drug trafficking case which set precedence to the legality of random police searches of passengers aboard public buses and trains pertaining to said passenger’s fourth amendment rights. Shortly after boarding a bus departing from Miami headed for Atlanta, Terrance Bostick was approached by members of the Broward County Sheriffs department acting as part of a drug interception task force and without particularly suspicion was questioned by officers. Broward county sheriff officers advised Mr. Bostick of his right to not consent to a search of his personal belongings and then asked his permission to carry out the search. Terrance Bostick granted sheriffs officers request by consenting to the search which revealed a felonious amount…
Before 2004, courthouses and other public buildings differed from how they are today. There was one thing that these buildings did not have, a handicapped entrance. At this time, it could be very embarrassing to be handicapped because you could do nothing for yourself. If you wanted to enter a public building, you had to ask someone to carry you in, or even worse, you might have to crawl up stairs to enter! This was a definite problem that had been around for years, however, no one addressed it.…
In the case of White v. Gibbs, the plaintiff, Mrs. Debbie White, sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act, a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd, 1986). Since the two parties reside in different states, the case was brought to the United States District Court for the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern, sought summary judgment on their behalf. Mrs. White’s rebuttal was that the summary judgment should…
On the last of President Adams term he wanted to ensure Federalist took control of the Judiciary branch so he named forty-two justices of the piece and sixteen circuit court justices for Washington DC. Once the commissions were signed by the President Adams the Secretary of State had the commissions sealed however they were not delivered by the end of President Adams term. President Jefferson was the incoming president he chose not to honor the commissions due to them not being submitted in time.…
In Grutter v. Bollinger, the Court accepted that the “critical mass” concept was not an “outright racial balancing”, where race was used as a factor in the admission process (Alexander 151). Therefore, the Court held that diversity is a compelling interest for the University of Michigan Law School as long as race is not the only factor considered for admission. In addition, the Court concluded that the “benefits of diversity are substantial” and “promotes cross racial understanding, helps to break down racial stereotypes, and enables students to better understand persons of difference races” (Chemenrisky 772). Moreover, “the Court accepted the university’s argument that the education of all students is enhanced with a diverse student body”…
The case in point is Plessy v. Ferguson, in which Jim Crow Laws were challenged. Homer Plessy, a man who was one-eighth black, negated the norms of segregation by refusing to sit on the section of a train reserved for color people only. He was arrested as a result, convicted, and fined for disobeying the law. This case went to the Supreme Court where it was ruled by a judge under the legal basis that segregation was reasonable as long as provisions are provided for all of the races involved. In turn, the “separate but equal principle” came to be, in which an agreement was made that as long as the provisions are provided for African Americans, segregation cannot be questioned.…
Affirmative Action has occurred in several cases throughout the Americans history and the case that I will be referring to is Regents of the University of California v. Bakke. This case presents a challenge to the special admissions program of the Medical School of the University of California at Davis, which is designed to assure the admission of a specified number of students from certain minority groups (253). In 1973 and 1974, Allan Bakke, a white male, who applied twice to the Medical School of the University of California at Davis, was rejected even though his grade point average and MCAT scores were higher than most of the applicants. With the fact that applicants that were admitted with the special admissions program had lower scores, Bakke alleged that the Medical School's special admissions program operated to exclude him from the school on the basis of his race (258). This, he stated, violates his rights under the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause states that "No State shall deny to any person within its jurisdiction the equal protection of the laws." The guarantee of equal protection cannot mean one thing when…
Ruling in Brown v. Board have played in shaping the racial landscape in Higher educationThe case that came to be known as Brown v. Board of Education was actually the name given to five separate cases that were heard by the U.S. Supreme Court concerning the issue of segregation in public schools.…