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 defendant violating the City of Lincoln
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McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes‚ Congress may charter a bank as an implied power under the "necessary and proper" clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word "expressly" particularly caused major problems and therefore was omitted from the Constitution‚ because if everything in the Constitution had to be expressly stated
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Miranda V. Arizona‚ 384 U.S. 436 (1966) Miranda V. Arizona is case where Mr. Ernesto Miranda who was suspected for kidnapping and rape of 18 years old woman. After Mr. Miranda is arrested and identified by victim‚ police interrogated him for two hours and he confessed the crime. However at time he signed a confession he was not aware of his rights. No one told him his rights to remain silent nor informed him that his statement would be used against him. Although‚ when he put his confession into
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A recent criminal Supreme Court case that I find to be interesting is Missouri v. Frye. Actus reus is a guilty act‚ mens rea is a guilty mind‚ and concurrence is the equality of rights. Both actus reus and mens rea are both needed in order for a defendant to prove criminal liability. This case was about a guy named Frye‚ he was arrested for driving with a revoked license. Frye was previously arrested a few times before this incident dealing with the same crime. Missouri state law can give you a maximum
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1. 4–3. Business Torts. Medtronic‚ Inc.‚ is a medical technology company that competes for customers with St. Jude Medical S.C.‚ Inc. James Hughes worked for Medtronic as a sales manager. His contract prohibited him from working for a competitor for one year after leaving Medtronic. Hughes sought a position as a sales director for St. Jude. St. Jude told Hughes that his contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit‚ alleging wrongful interference
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Case Brief Saenz v Roe (1999) 1. Facts The facts of the Saenz V Roe case is that in 1992 the state of California wanted to change the Aid to Families with Dependent Children Program by setting a limit to new residents. By having this approved by the Secretary of Health and Human Services and having the Federal District Court implement it‚ there would a large number of new residents who would be treated unequally. By the time it became into law on April 1‚ 1997 a class action was filed to challenge
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Case Name: Kentucky v. King‚ 563 U.S. (2011) Facts: In Lexington‚ Kentucky‚ police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent
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GARRATT v. DAILEY Supreme court of Washington February 14‚ 1955 1.FACTS Plaintiff alleged that as she started to sit down in a wood and canvas lawn chair‚ defendant‚ a child under six years old‚ deliberately pulled it out from under her. The trial court found that defendant was attempting to move the chair toward plaintiff to aid her in sitting down in the chair and that‚ due to defendant’s small size and lack of dexterity‚ he was unable to get the lawn chair under plaintiff in time
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There are multiple situations eminently emerge during a school year in certain districts. For this reason‚ school districts encounter diverse issues in distinction to school personnel‚ staff‚ parents and students. For example‚ these issues will be related to the school budget‚ and property that will be purchased to accommodate learner’s social interaction with their peers and school. Therefore‚ premise community members do not agree with the current policies will be able to attend board meetings
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Farwell‚ Benjamin CJU 134 Chp.8‚ Pg 286 Miranda V Arizona FACTS: On March 16‚ 1963‚ Ernesto Miranda was arrested for kidnapping and rape. Mr. Miranda was an immigrant‚ and although the officers did not notify Mr. Miranda of his rights‚ he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights‚ although the officers admitted at trial that Mr.Miranda was not appraised of his right to have an attorney present
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