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.…
Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…
R15523, 17425. Rivera now said he was walking on Hickory Street when Holly Staker, who was wearing a sleeveless shirt and a pair of tight shorts, invited him up to the apartment. Rivera said it was dark in the apartment and a little boy and girl were playing inside. Id. At one point, Holly Staker changed the little girl’s diaper. Rivera stated that Holly Staker then changed into a nightgown and tried to seduce him, but he resisted her advances. At this point, the little boy went outside to play. Rivera continued that Holly Staker persisted in her sexual advances and they had intercourse, although he did not think he ejaculated because he was concerned about pregnancy. The sexual activity was interrupted when the little girl cried in the next room, and Rivera decided he did not want to continue. At this point, according to Rivera’s statement, Holly Staker got angry that he refused to continue having sex and brandished a knife, which she began swinging at Rivera. Rivera said he grabbed her arms and started punching her without realizing the knife was cutting her. He did not know how many times he cut her, but it was more than twice. Rivera stated that he washed the knife and his hands near the kitchen sink and ran out the back door of the apartment. He threw the knife, which he had broken into two pieces, to the ground. Rivera said he then went home and burned his clothes in the dumpster behind his house, after which he walked back to Hickory Street and saw the police and the woman for whom Holly Staker was babysitting. R14617-25, 15475-84,…
This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs.…
· Assess the past, present, and future impact that victim rights laws have on court proceedings.…
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.…
United States Supreme Court cases are argued and decided on Constitutional grounds. All arguments and decisions are based on interpretations of the original Constitution and, more often, on Constitutional amendments.…
Under Washington case law, plaintiffs are required to prove causation with expert testimony if alleged injury involves obscure medical factors. [cite]. The trickier question is whether the expert needs to demonstrate a direct causal link between the alleged injuries and the negligent act or if the expert merely must demonstrate that the plaintiff’s injuries are of a type that can be caused by the negligent act. Washington courts have come down on both sides of this question.…
| Correct, "Article III federal judges" (as opposed to judges of some courts with special jurisdictions) serve "during good behavior" (often paraphrased as appointed "for life"). Judges hold their seats until they resign, die, or are removed from office.…
I personally believe that the meaning of a “well-regulated militia” is when citizens are properly following the laws and abide the rules of bearing arms. Militia can be defined as, “An army composed of ordinary citizens rather than professional soldiers” according to Gary the Gun Nut’s post on Thomhartmann.com. In the District of Columbia v. Heller case, gun control was the purpose problem. The case resulted in protecting the “Second Amendment of an individual's right to possess a firearm unconnected with service in a militia for traditionally lawful purposes, such as self-defense within the home,...” in which was a 5-4 decision by the Supreme Court.…
The plaintiff the United States of America (U.S.) is suing the defendant Burlington Northern Railway / Shell Oil Co. over its participation in creating a significant contamination of soil and groundwater at the Brown & Bryant, Inc. (B & B) agricultural chemical distribution business. The plaintiff is requesting that the defendant is responsible for a portion of the cleanup cost because the defendant was a Potential Responsible Party (PRP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). B & B was an agricultural chemical distribution business until 1998 when the company went bankrupt. During this time, B & B expanded its operation to an adjacent 0.9 acre of land that was jointly owned by Atchison,…
The court’s Ruling was actually somewhat mixed. The court ruled that Marbury did have right to the commissions because the order would go into effect when Adams signed the papers. This was so because he was still in power when he signed them. The also ruled that Congress did not have the power to expand the original jurisdiction of Supreme Court beyond that which is specified in Article III of the Constitution. Their reasoning behind this was that the Constitution states “the Supreme Court shall have original jurisdiction in all cases affecting ambassadors,…
Justices of the United States Supreme Court are strategic actors who strive to secure policy outcomes as close to their preferred outcome as possible. Accomplishing this sometimes requires justices to not always pursue their true policy preferences and sometimes it requires justices to ignore legal and policy questions. In this essay, I will analyze how justices were strategic in a few landmark supreme court cases.…
That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…
Federal court system has 3 levels. The US district courts was established by Congress to handle the civil and criminal cases involving the government. US district courts are the general trial courts for the federal government. Matters that would be seen in the US district court include disputes between states, issues with the Department of Education and the Department of Treasury. (Kadian-Baumeyer, 2013). The federal district courts also try cases involving bankrupcy, copywrite and patents. (undefined, undefined). The Federal District Court System is similar to the state district court system with the main exception being jurisdiction. Federal district courts can hear cases involving both state and federal laws but state district courts can only hear cases involving state laws. (2016)…
