"Case Brief For Robert Mccart And June Mccart Defendants Appellants V H R Block Inc" Essays and Research Papers

Case Brief For Robert Mccart And June Mccart Defendants Appellants V H R Block Inc

Brief of McCart v H&R Block, Inc. Case Name, Citation, and Court Robert McCart and June McCart, v. H &R Block. Inc. 470 N.E.2d 756; 1984 Ind. App. LEXIS 3039 Court of Appeals of Indiana, Third District Key Facts Mr. McCart opened a tax preparation business and executed a contract with Block to be a district manager, which precluded him from operating a tax business in the same city. McCart then issued the city franchise to his wife. Years later, the wife signed a new franchise agreement...

Contract, Contract law, Income 450  Words | 2  Pages

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H&R Block Case Study

H&R Block Tax Services Case-Study Frank M. Burns Management & Strategy 5650 Gregory Coon, Ph.D. Spring 1 2011 Webster University Abstract H&R Block’s Tax Services segment provides income tax return preparation, electronic filing and other services and products related to income tax return preparation. Clients are offered a number of options for receiving their income tax refund, including a check directly from the IRS, an electronic deposit directly to their bank account, a prepaid...

Income tax in the United States, Internal Revenue Service, Predatory lending 1617  Words | 5  Pages

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R. V Burns Case Brief

R. v Burns case Brief Case Facts The defendants Glen Sebastian Burns and Atif Ahmad Rafay were accused to have committed aggravated first degree murder in Washington State. In a confession to an undercover RCMP officer in British Columbia, posing as a mob boss, it is clamed that Burns was a contract killer hired by Rafay to kill his parents so that Rafay could get insurance money for their deaths. It is claimed that Burns beat the victims with a baseball bat while Rafay watched (para.10). They...

Appeal, Appellate court, Canadian Charter of Rights and Freedoms 2031  Words | 6  Pages

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Case Brief - R. v. Hufsky

 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...

Bill of rights, Canadian Bill of Rights, Canadian Charter of Rights and Freedoms 691  Words | 3  Pages

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Swan V. Talbot Case Brief

Swan v. Talbot, Phelan v. Gardner, Marron v. Marron Case Briefs Jennifer Beverly PA205-02 Professor Byron Grim June 20, 2011 Case Briefs Citation: Swan v. Talbot, 152 Cal. 142 (Cal. 1907) Facts: George Swan, plaintiff, sold James R. Talbot, defendant, a portion of personal property. Swan was inebriated at the time the deal was prepared. The portion of the property sold to Talbot was valued at $21,949.86. Talbot paid Swan $10,604.32, this included $200 in coin that was paid to Swan...

Appeal, Civil procedure, Court 1923  Words | 7  Pages

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Construction Law Cases

Michael Sanchez NS4874 CMGT 3280-01 Homework #1 Slavin v. Borinstein (1994) The issue in this case is between the plaintiff, Leon Slavin, and the defendant, Joan W. Borinstein. Slavin is suing Borinstein over a dispute that erupted over payments on a construction project that were not received; on a project Slavin was building for Borinstein. Borinstein and her people agreed to pay Slavin 10 percent of the cost on a house they wanted to build in Los Angles. They would make the payments...

Common law, Contract, Contractual term 1239  Words | 4  Pages

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R V Brown Case Study

1.) The legal issue in R V Brown case that the house of lord had to determine was "Is consent a defence to an assault causing grievous bodily harm" This is a case of sado-masochism where the group of men were engaged in act of violence against each other particularly on their genital parts, by branding or genital torture for sexual pleasure. The victims in each case consented to this ritual (activity) and didn't suffer any permanent injury. Each of the defendants faced assault ABH charges and unlawful...

Assault occasioning actual bodily harm, BDSM, Common assault 1266  Words | 3  Pages

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Case Brief

CASE BRIEF Case: State of Missouri v. David R. Bullock, 03CR679889.MO, [www.courts.mo.gov/casenet] Facts: At the time of the filing of his appeal, Mr. David R. Bullock had been charged and convicted of attempted statutory rape (under RSMO 566.032 and 564.011) and attempted sexual exploitation of a minor (under RSMO 564.011 and RSMO 566.032). David R. Bullock engaged in several conversations via email and chat rooms with a Newton County Deputy Sheriff who was conducting a sting operation...

Age of consent, Appeal, Appellate court 1131  Words | 4  Pages

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Regina V. G and Another Case Brief

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 appellantscase at trial was that they expected the fire to extinguish itself on the concrete...

Actus reus, Court, Criminal law 1200  Words | 4  Pages

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A Case Study Running head: A CASE STUDY - STRATEGY AT H&R BLOCK, INC. A Case Study - Strategy at H&R Block, Inc. Capella University OM 8012 Strategy Dr. Perry Hahn Dec 21, 2005 1 A Case Study 2 Abstract This paper will include an analysis of the company from the four strategy perspectives provided in the project deliverable which are: Strategy as rational thought - strategic planning and decision-making, Strategy as revolution - what is referred to as disruptive innovation...

Earned Income Tax Credit, Financial services, Internal Revenue Service 10158  Words | 36  Pages

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How to Brief a Case

How To Brief a Case Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used. Appellate brief An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both...

Appeal, Appellate court, Brown v. Board of Education 2542  Words | 7  Pages

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Khajavi v Feather River Anesthesia Medi

 Khajavi v Feather River Anesthesia Medical Group case 1.Official Citations NOSRAT KHAJAVI: Plaintiff, Appellant and Respondent, vs. FEATHER RIVER ANESTHESIA MEDICAL GROUP: Appellant, Defendants and Respondents. APPEAL from the judgment of the Superior Court of Sutter County, Perry Parker, Judge. Reversed, in part; remanded, in part; and affirmed, in part. Weintraub Genshlea & Sproul, Rosemary Kelley, Charles L. Post, and William S. Jue, for Plaintiff Nosrat Khajavi. Biegler Opper & Ortiz...

Defendant, Employment, Health 1548  Words | 6  Pages

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Case Brief of Terry v

Running head: Terry v. Ohio, 392 U.S. 1 Case Brief of Terry v. Ohio 392 U.S. 1 October 4, 2014 Facts At approximately 2:30 in the afternoon, while patrolling a downtown beat in plain clothes, Detective McFadden observed two men (later identified as Terry and Chilton) standing on a street corner. The two men walked back and forth an identical route a total of 24 times, pausing to stare inside a store window. After the completion of walking the route, the two men would...

Fourth Amendment to the United States Constitution, Frisking, Probable cause 900  Words | 5  Pages

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Marketing Mix - H&R Block

Running head: MARKETING MIX - H&R BLOCK Marketing Mix - H&R Block MKT 421 Marketing Mix As we all know, marketing is a necessary part of our daily life. Not only are products and services marketed, but we market ourselves as part of everyday business. I spent time this week speaking with a close friend of mind who is a Store Manager for H&R Block discussing the 4-Ps and how they pertain to his organization. It was very interesting to see how different industries market their products...

Marketing, Marketing mix, Price 1499  Words | 5  Pages

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Assignment I- Case Brief: McCarty v. Pheasant Run , Inc.

Assignment I- Case Brief: McCarty v. Pheasant Run , Inc. Prof Lindsey Appiah Tort Law October 28, 2012 Summary of Case Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident...

Common law, Duty of care, Law 1086  Words | 4  Pages

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Criminal Law. R V Blaue

R v Blaue Criminal Law 01: Actus Reus Facts The defendant inflicted serious stab wounds on the deceased who, knowing she would be likely to die as a result, refused a blood transfusion because she was a Jehovah's Witness and accepting another's blood was against her religion. The defendant claimed that her refusal to accept the blood transfusion broke the chain of causation between his conduct and her death. Extract There have been two cases in recent years which have some bearing...

Accept, Blood transfusion, Causality 960  Words | 3  Pages

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Case Brief: Caperton v. Massey

Case Brief 1. CASE: Caperton v. A. T. Massey Coal Co. Inc. 556 U.S. 868 (2009) 2. FACTS: A West Virginia jury issued a verdict against respondents (“Massey”) in the amount of $50 million. After the verdict, knowing that the West Virginia’s Supreme Court of Appeals would consider the appeal, Blankenship, the chairman, CEO and president of Massey contributed $3 million to help Benjamin run for office in that court in West Virginia’s 2004 judicial election. Benjamin won the election in a close...

Appeal, Caperton v. A.T. Massey Coal Co., Chief Justice of the United States 523  Words | 1  Pages

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Case Brief

 Joanne Casillas Advanced Legal Writing June 2, 2014 Gonzalez ex rel. v. Reno, 86 F. Supp. 2d 1167 (SD. Fla. 2000) Facts: The parties in this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. In November 25, 1999 the United States Coast Guard intercepted two fishermen who had rescued five- year- old Elian Gonzalez floating on an inner tube in the Atlantic Ocean off the coast from Florida. Elian’s mother had died during the...

Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., Elian Gonzalez affair, Janet Reno 741  Words | 4  Pages

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Case Brief: Sutter V. Hutchings

Case Brief: Sutter v. Hutchings Case Name, Citation & Court: Sutter v. Hutchings, 254 Ga. 194, 327 S.E.2d 717, Georgia Supreme Court, decided 1985. Parties & Procedural History: Trial Court level: Plaintiff Sutter sues Defendant Hutchings. Defendant filed summary judgment motion, and court granted judgment in favor of Defendant. Plaintiff appealed. First appeal: Ga. Court of Appeals affirmed judgment for defendant. Plaintiff appeals again to Ga. Supreme Court. Facts: Mrs...

Appeal, Appellate court, Common law 614  Words | 3  Pages

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U.S. V. Wise, 221 F.3d 140 (5th Cir. 2000)

Thomas Midkiff * Title: U.S. v. Wise, 221 F.3d 140 (5th Cir. 2000) * Facts: John Cain met employee Oliver Dean Emigh (“Emigh”) and owner John Roberts at the Bargain Barn in March of 1998. John Cain (“Cain”) was a self-employed computer consultant. John Roberts (“Roberts”) explained to Cain that he needed documents typed for Republic of Texas (“ROT”) legal matters due to being a member of the ROT. Cain met with Johnie Wise and Roberts the next day at the Bargain Barn to discuss...

Drug Enforcement Administration, Federal Bureau of Investigation, J. Edgar Hoover 1325  Words | 4  Pages

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Case Study - Transamerica Oil Corp V Lynes

TENTH CIRCUIT Case No. 81-1505 Transamerica Oil Corporation, Plaintiff-Appellee, v. Lynes, Inc. and Baker International Corporation, Defendants-Appellants. 723F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 ------------------------------------------------- December 21, 1983 PROCEDURAL POSTURE Plaintiff brought suit under the Kansas Uniform Commercial Code (UCC) to recover damages resulting from the breach of an express warranty by the defendant. A jury in the...

Appeal, Civil procedure, Contract 1693  Words | 7  Pages

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Case Brief - Chester v Afshar

Chester v Afshar - Case brief 1) Title and Citation Chester v Afshar [2004] UKHL 41 Plaintiff: Chester Defendant: Afshar Court: House of Lords Judges: Lord Steyn, Lord Hope, Lord Walker, Lord Bingham and Lord Hoffmann 2) Facts of the case Miss Chester, the plaintiff, suffered from low back pain since 1988. During 1994, Miss Chester was referred to Mr. Afshar, a neurosurgeon, who happens to be the defendant. The defendant advised the plaintiff to undergo an elective lumbar surgical procedure...

Appeal, Hong Kong order of precedence, House of Lords 767  Words | 4  Pages

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Case Brief

Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the...

Appeal, Appellate court, Court systems 1199  Words | 3  Pages

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Assignment Case

105 Cal.Rptr.2d 525 (2001) 88 Cal.App.4th 33 Charles STARZYNSKI, Plaintiff and Appellant, v. CAPITAL PUBLIC RADIO, INC., Defendant and Respondent. No. C034165. Court of Appeal, Third District. March 29, 2001. 527*527 Biegler Ortiz & Chan, Robert P. Biegler, Sacramento, Jessee S. Ortiz III, for Plaintiff and Appellant. Meriam E. Hamilton, Lewis, D'Amato, Brisbois & Bisgaard, for Defendant and Respondent. 526*526 SIMS, Acting P.J. Beginning in 1979, plaintiff Charles Starzynski was...

At-will employment, Contract, Contractual term 2494  Words | 7  Pages

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Case Brief

Carol and Gary Allen v. Dover Co-Recreational Softball League & a. Strafford No. 2001-457 Briefed by Elizabeth Taylor Submitted: July 26, 2002 Opinion Issued: September 30, 2002 Basic Facts of the Case: The plaintiffs, Carol and Gary allege that on September 13, 1998, Carol Allen was injured while participating in a recreational softball game, while she was running to first base. She was hit in the head by the shortstop of the opposing team. This game was an adult and slow pitch softball...

Defendant, Legal terms, Negligence 1324  Words | 4  Pages

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Economics: Key Industry Trends in H and R Blocks

consumer may have more disposable income therefore, they may be more apt to spend their extra money on a tax preparation service. This would reveal a positive effect for H&R Block. The unemployment rate has increased nationally while the employment rate is decreasing. This may result in a decrease of the amount of tax returns that H&R Block files annually, due to the amount of taxpayers that have become unemployed. Either these people may have no taxes to file due to their job loss, or they may not have...

Computer file, Internal Revenue Service, Population 917  Words | 3  Pages

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Case Analysis

Chapter 5 (Civil Procedure) Factual Scenarios for Case Analyses 1. (Laurel v. Hardy) Main Issue * Is there a lack of personal jurisdiction against Mr. Hardy? Relevant Legal Concepts From Text * Writ of summons “A summons warns the defendant that a default judgment can be awarded unless the defendant responds with an answer within a stated period of time.”(p.196) * Constructive service.. “Publishing the notice of summons in the legal announcements section of newspaper.” (p. 199) ...

Appeal, Civil procedure, Common law 1334  Words | 5  Pages

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Unit 3 Firac Case Brief

Ashley E. Parramore Introduction to Legal Analysis and Writing PA 205 August 8, 2011 Donnelly V. Rees Case Brief. Donnelly V. Rees Case Name: Donnelly V. Rees, 141 Cal. 56 (1903) Court: California Supreme Court FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be a habitual drunkard for more than...

Appeal, Common law, Contract 893  Words | 3  Pages

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R V F Principle

1. Rule in Rylands v Flecther * Rylands v Flecther Facts | * P sued D, the mill owner, for the flooding caused by the escape of water from reservoir on D's land. * Noted that the escape is caused by the negligence of the independent contractor, hired by D. * However, R v F is a strict liability and the negligence of the third party does not exonerate D's liability. | Held | * Court was of the opinion that obligation on the person who lawfully brings on his land something which...

Causality, Damage, Escape 1471  Words | 5  Pages

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Case Brief

CASE BRIEF Title of Case: Stoneridge Investment Partners, LLC, Petitioner v. Scientific-Atlanta, Inc., et al. 128 S. Ct. 761 (2008) Facts: The plaintiff, Stoneridge Investment Partners, LLC, presented a securities fraud class action against the defendant, Charter Communications’ vendors, Scientific-Atlanta. Charter communications is a publicly traded cable company that services millions of customers throughout America. Charter contracts with vendors for equipment that is used for their company...

Appeal, Kelo v. City of New London, SEC Rule 10b-5 797  Words | 3  Pages

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Caperton v. Massey Case Brief

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...

Caperton v. A.T. Massey Coal Co., Fourteenth Amendment to the United States Constitution, George W. Bush 815  Words | 3  Pages

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Esposito-Hilder vs. SFX case

Esposito-Hilder vs. SFX case Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search.  Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions. 1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Under the law...

Cause of action, Complaint, Defendant 1852  Words | 5  Pages

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Funk V. United States, Case Brief

Case Brief Funk vs. United States Supreme Court of the United States 290 U.S. 371, 54 S. Ct. 212 (1933) Facts: Funk was tried twice and convicted both times in Federal District Court for conspiracy to violate the prohibition law. In the first appeal to the Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded...

Appeal, Jury, Law 636  Words | 3  Pages

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Ring V. Arizona Case Brief

Ring v. Arizona 122 S Ct 2428 (2002) Facts of the case: On November 28, 1994, The body of an armored van driver was found dead inside the vehicle. Also, there was more than $800,000 missing from the van leading police to believe that this was a robbery and homicide case. There were no witnesses to the crime except a local bystander who stated that two vehicles, a van and a red truck were speeding down the road earlier that day and had neglected to stop at the intersection where there is a stop...

Chief Justice of the United States, Court, Crime 1365  Words | 5  Pages

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R. V. Martineau Case Brief

Case Brief By: Ashley Tam R. v. Martineau (1991), 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant, Martineau, was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in...

Abortion, Appeal, Appellate court 633  Words | 2  Pages

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Kennedy V. State, 323 S.E.2d 169 (Ga. App. 1984)

Title: Kennedy v. State, 323 S.E.2d 169 (Ga. App. 1984) Facts: A fire was evolved on September 23, 1981 in a log cabin due to a hot plate. The hot plate was left on with an accelerant and kerosene near by. The owner of the cabin, Henry Xavier Kennedy was convicted of Arson as he obtained an insurance policy for $40K on the cabin five days prior to this fire and police found evidence that the construction business owned by Mr. Kennedy was losing money, and Mr. Kennedy's alibi was insufficient to...

Burglary, Crime, Crimes 1597  Words | 5  Pages

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How to Prepare a Case Brief

CASE BRIEF FORMAT A case brief is the result of distilling a court opinion down into its essential elements. There are many different ways to brief a case, each dependent largely upon its purpose in being assigned. Below is the format which you should follow for briefing cases in this course: CASE BRIEF TO: Supervising Attorney’s Name, Esq. FROM: (last four digits of your social security number) DATE: (the date the brief is due) CITATION: (You should give a complete citation...

Appeal, Appellate court, Law 1065  Words | 4  Pages

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ROLL NO . - 16. IN THE COURT OF HIGH COURT OF BANGALORE AT KARNATAKA RAHUL Appellant V/S State of Karnataka Respondent Appearing on behalf of Respondent INDEX SR.NO | PARTICULARS | PAGE NO. | 1. | List of Abbreviations | | 2 | Authority Cited | | 3 | Statement Of Jurisdiction | | 4 | Fact Of Case | | 5 | Issue Of The Case | | 6 | Body Of Pleading | | 7 | Prayer Clause | | LIST OF ABBREVIATIONS 1. Indian Evidence Act 1872...

Appeal, Case law, Crime 1754  Words | 7  Pages

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Case note on ahluwalia

 R. V Kiranjit Ahluwalia [1993] 96 Cr. APP. R. 133 Court of Appeal Introduction In this case, R. V Kiranjit Ahluwalia1, the appellant is kiranjit Ahluwalia and the respondent is Regina (the Crown). The Legal issue in the case was whether the use of provocation as a defense could stand as she had sufficient time to consider her action and also if it could stand as a defence to person who...

Appeal, Common law, Court 1299  Words | 4  Pages

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Week3 Case Study Proc 5810

TRANSAMERICA OIL CORPORATION, Plaintiff-Appellee, v. LYNES, INC. and Baker International Corporation, Defendants-Appellants No. 81-1505 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT 723 F.2d 758; 1983 U.S. App. LEXIS 14288; 37 U.C.C. Rep. Serv. (Callaghan) 1076 Procedural History: The previous holding of this case was appeal from the United States District Court for the District of Kansas. Transamerica, who conducts oil and gas drilling, solicited Lynes about their advertisement regarding...

Appeal, Appellate court, Civil procedure 1179  Words | 4  Pages

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Case Brief

Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002) FACTS: Appellee (Midwest Distribution, Inc.), who is in the business of setting up cigarette product displays, contracted to hire appellant (Moore) in 2001 to work at its Fort Smith office. Upon accepting employment, appellant signed an employment contract, a “Service work for Hire Agreement” with appellee that contained a non-compete agreement – in which appellant agreed that for one year following the...

Appeal, Contract, Contract law 1061  Words | 3  Pages

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Mapp v. Ohio Case Brief

1. Mapp v. Ohio, 170 Ohio St. 427, 166 N. E. 2d 387, reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said, “even if the search were made without authority, otherwise unreasonably, it is not...

Exclusionary rule, Fourth Amendment to the United States Constitution, Law 589  Words | 3  Pages

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R v brown consent

R v Brown [1994] 1 AC 212 is a case most law students could tell you the facts of even years after graduating, so remarkable are they. The House of Lords, by a 3–2 majority, decided that the consensual infliction of harm on another person for sexual gratification was not an act the law should permit. The judgment has received criticism in some academic circles because, it is thought, if the facts had been different and involved heterosexual sadomasochistic activity it would have been found lawful...

BDSM, Common law, Human sexual behavior 1528  Words | 5  Pages

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Helen Palsgraf, Respondent, v

Helen Palsgraf, Respondent, v The Long Island Railroad Company, Appellant. Court of Appeals of New York Argued February 24, 1928 Decided May 29, 1928 248 NY 339 CITE TITLE AS: Palsgraf v Long Is. R.R. Co. [*340] OPINION OF THE COURT CARDOZO, Ch. J. Plaintiff was standing on a platform of defendant's railroad after buying a ticket to go to Rockaway Beach. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the...

Common law, Complaint, Law 2346  Words | 6  Pages

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R. V G R. V R House of Lords 16 October 2003

Page1 R. v G R. v R House of Lords 16 October 2003 Case Analysis Where Reported [2003] UKHL 50; [2004] 1 A.C. 1034; [2003] 3 W.L.R. 1060; [2003] 4 All E.R. 765; [2004] 1 Cr. App. R. 21; (2003) 167 J.P. 621; [2004] Crim. L.R. 369; (2003) 167 J.P.N. 955; (2003) 100(43) L.S.G. 31; Times, October 17, 2003; Official Transcript Subject: Criminal law Keywords: Capacity; Criminal damage; Knowledge; Mens rea; Recklessness Summary: A person who gave no thought to the risk of damage or injury resulting...

Corrections, Crime, Criminal justice 74479  Words | 179  Pages

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Mod 4 Case Brief

1. Case Title and Citation People v. Shaughnessy 319 N.Y.S.2d 626 District Court, Nassau County, Third District March 16, 1971 2. Procedural History This particular case involves a situation to where the defendant violated Section 1 of the Ordinance which prohibits a person form legally entering a private property. The defendant trespassed unto not as the driver but as a passenger private property and were met by law enforcement. 3. Facts The defendant is guilty by association even if the defendant...

Appeal, Law, Police 477  Words | 3  Pages

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Appellate Brief Example

LEJ 2 IN THE SUPREME COURT OF F A^ SUPREME COURT CASE NO. 1051361 BARBARA MORRI S N , Plaintiff /Appellant versus PATRICIA T. SPIVEY ET AL, Defendants/Appellees 1 Appeal from the Circuit Court of Henry County , Alabama 1 BRIEF ON BEHALF OF THE PLAINTIFF/APPELLANT , BARB RA ISON Submitted by. . .... . ORIGINAL t Appellant Bar Russell Lee I y Albert H. Ada s, Jr. Attorneys for Plaintiff / ara Morrison Post Office ox 910 Eufaula, AL 36072-0910 TEL:...

Alabama, Alabama Supreme Court, Civil law 5428  Words | 37  Pages

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Palko V. Connecticut - Interpretation

Palko v. State of Connecticut Ben Nguyen 302 U.S. 319 (Dec. 6, 1937) Interpretation of the Bill of Rights is a task that provides great challenge for the courts of the United States. As the times change and cases are reviewed, the ruling for a case may be overruled. In the case of Palko v. Connecticut, this situation had occurred. Although this case had...

Due process, Felix Frankfurter, First Amendment to the United States Constitution 796  Words | 5  Pages

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Reports/Volume 19 /R v Worrell - (1972) 19 WIR 180 (1972) 19 WIR 180 R v Worrell COURT OF APPEAL OF BARBADOS DOUGLAS CJ, WARD AND WILLIAMS JJ 29 MARCH 1972 Criminal Law - Standard of proof - Directions to jury - Jury told that before there can be a verdict of guilty, the prosecution must make the jury feel sure that the verdict is the right one - Imprecise. Criminal Law - Defence of automatism - Unsworn statement of accused - No foundation for defence. The appellant was convicted...

Appeal, Court, Judge 2179  Words | 7  Pages

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LAWS1006 Case Note - Marien v Gardiner 2013

Citation: Marien v Gardiner [2013] NSWCA 396 Court: Macfarlan, Meagher and Emmett JJA, panel of judges of the New South Wales Supreme Court of Appeal Material Facts: Shortly after five o’clock in the morning on 3 February 2009, Mr Gardiner was walking on Centenary Avenue with his back to oncoming traffic, approximately four to six metres from the southern kerb. There was an absence of natural light, and only one streetlight, which Mr Gardiner had already passed [5]. On the same morning...

Appeal, Appellate court, Common law 1646  Words | 7  Pages

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Legal Methord Case Note

Beginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help: Plaintiffs sue defendants in civil suits in trial courts. The government (state or federal) prosecutes defendants in criminal cases in trial courts. The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake. If the law gives the loser the right to...

Appeal, Appellate court, Case law 2475  Words | 7  Pages

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Griswold V. Connecticut: Remarks on Contraception,

Grisworld v. Connecticut set the stage for Roe. v. Wade (1973), "the most controversial decision of the Court's modern era" (Stephens & Scheb, 2003). But its important in its own right, too; for Griswold is described in American Constitutional Law as a "landmark…decision…that recognized an independent constitutional right of privacy" (Stephens & Scheb, 2003). For this assignment, I'd like to review Griswold's case history, legal reasoning, and the changing state of social thought for this case is founded...

Fourteenth Amendment to the United States Constitution, Griswold v. Connecticut, Law 1096  Words | 4  Pages

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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394, [1960] 3 WLR 919, [1960] 3 All ER 731, HKSAR V Chow Kwong Chun (unrep., HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent). ...

Appeal, Case law, Common law 908  Words | 3  Pages

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Case Analysis GAP Inc

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