In the state of Ohio, the courts have taken a pro-business approach, at least regarding the nursing home industry, as is evidenced, by the ruling of the Supreme court in the Hayes v. Oakridge case. In analysis of this case, the case involved a lawsuit filed against The Oakridge Home, an Ohio nursing home, by a former resident, Florence Hayes. The lawsuit alleged that while Hayes was a resident at the nursing home, she suffered serious injuries in a fall and that the fall was the result of negligence by the nursing home staff. Oakridge entered a motion seeking a stay of the court proceedings because, Hayes had signed an arbitration agreement in which she agreed that any malpractice claims she might assert against Oakridge would be resolved…
Gibbon v Ogden decision One of the most important decision of the early Supreme Court. The New York legislature had passed a law giving a monopoly to steamship travel to a group of New York investors. Among the investors given permission in this monopoly was Aaron Ogden. Thomas Gibbon another steamship trader wanted to use New York's water ways to do his business to. Gibbon Gibon believed he should be able to use these waterways because of permission given to him by the federal government. Gibbon was denied the use of the waterways. Because of Gibbon being denied access he decides to sue Ogden and the supreme court decides the verdict. The final verdict was reached on March 2, 1824 and it stated that the supreme court holds all power over interstate…
Officer Benda was driving through a apartment complex when he saw a man with his car on.…
-shotguns and rifles could be owned but only if weapons were registered, kept unloaded and dissembled or restricted trigger locks.…
The increase of shipping by steamboats led to conflict over waterway rights. Let's start with the Gibbons vs. Ogden case, it was in 1819. When Aaron Ogden sued Thomas Gibbons for operating steamboats in New York that Ogden owned. The Gibbons vs. Ogden case didn't go to the Supreme Court till 1824. Where the the Supreme Court ruled in favor of Gibbons, and the federal government reinforce their right to regulate trade between the states by ending the monopolistic control over the waterways in some of the states.After the Supreme Court's dropped the monopolistic control the waterways, more and more companies were traveling over the waterways. That brought prices down and made it more affordable to people to buy there products.…
1. A business fails to meet the criteria if its practices are not equal and if has procedures unrelated to necessary job functions in the organization. In the case of McDonnell Douglas vs Green the Supreme Court holds that a charging party can prove unlawful discrimination indirectly by showing a failure in the organizational business process. In this case the hiring and firing of an employee, McDonnell Douglas was taken to court over their unethical tactics. The charging party has to only prove four things: they are a minority (protected group), they applied and were qualified for the position, the job was not offered to them, and the employer continued to seek applicants with similar qualifications. If the plaintiff can prove these four elements, the employer must show a legitimate lawful reason why the person was not hired.…
The plaintiff (or petitioner) was Thomas Gibbons, owner of a rival steamboat company based i Elizabethtown, NJ. Gibbons was represented by one of the most famous lawyers of early America, Daniel Webster. Webster argued on behalf of Gibbons that the federal law was supreme above all state laws. Furthermore, the federal government's laws superseded state laws because of the Constitution's granted to Congress the right to control interstate…
complaint made by Gregory and in my opinion, though the rules and regulations of the…
Grutter v. Bollinger was also a case in which race was still used as an admission factor. This case involved the admission process to The University of Michigan's law school. Just as the University of Texas they used the hard data and soft data process to admit different students into their program. Race was used as a plus factor under the soft data category and the law school was seeking critical mass by becoming more diverse within its student population. Yet, the question was how did the university know the race of the person? As they did not have a so called race check box. They asked different questions such as where the students are from or what language was spoken within their homes. The court again said this was ok, as they school was…
The scope of the Commerce Clause reached the Supreme Court in Gibbons v. Ogden, as various discrepancies involving a power struggle between the federal and state governments emerged. In 1824, a New York state law permitted individuals the exclusive right to operate steamboats…
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 Supreme Court case of Gregg V. Georgia dealt with administrative law, which is the legal field that regulates the due process clause in the Constitution. The clause is about the Government having the obligations to respect and uphold the legal rights of American people during and after they are arrested. Troy Leon Gregg and other inmates on death row believed that the death sentence was in direct violation of the 8th and 14th Amendments, which dealt with cruel and unusual punishment and that states must require due process. Gregg was found guilty for armed robbery, and the murders of two men in 1973. From that the Supreme Court had accepted his death sentence for the charges of murder and not of armed robbery thus being the first man in…
Obergefell v. Hodges is the Supreme Court Case that gay marriage legal in all fifty states. The case required that all states allow gay marriages and recognize gay marriages that happened in other states. It was a 5-4 decision that was based on the Equal Protection Clause in the 14th amendment. Obergefell wanted his marriage in Maryland to be recognized in Ohio, so he could collect the benefits from his partners death. Hodges is the director of the Ohio Health Department.…
The United States legal system gives all people the right to an attorney to help defend the prosecuted individual. The court case Buck v. Davis shows how a person’s rights could be given but in a way that would go against the one being charged for a crime. Duane Buck is an African American who was tried for being involved in a murder of his ex-girlfriend and her friend in the state of Texas. Many different types of evidence showed that Duane Buck had committed that crime and his passed issues with the legal system. Buck was able to appeal this decision of the death penalty due to the violation of his rights.…
Most people inhibit morals and hold different classes of ethics, which plays heavily in choosing between right and wrong or fair and unfair. These decisions grow more difficult as time goes on. When considering which Supreme Court case I wanted to research, the thought of picking the death penalty topic originally swayed me. I did not want to pick such a controversial subject, but I grew more and more intrigued as I read deeper into the case of Gregg vs. Georgia in 1976. The case stirred up many views about capital punishment and allowing a criminal to manipulate the wording of our country’s Constitution to refuse personal responsibility. Throughout the research and trying to form an opinion of the case, I wondered if the death penalty is:…