CASE BRIEF FOR THE WINDSOR V. STATE OF ALABAMA WINDSOR V. STATE OF ALABAMA 683 So. 2d 1021 (1994) Judicial History: Harvey Lee Windsor was convicted of capital murder under § 13-A-5-40 (a)(2)‚ Code of Alabama 1975. The jury unanimously recommended the death penalty and the trial court accepted the jury’s recommendation and sentenced the appellant to death by electrocution. Windsor then appealed the conviction and sentence to the Court of Criminal Appeals. Facts: Harvey Lee Windsor and Lavon Gunthrie
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reasonably to enhance the contractual objectiveness of a case. Judges use the grounds of how a ‘reasonable’ observer would interpret the facts to determine whether the elements of a contract are evident within an agreement to then make it legally binding‚ and whether the contractual performance of the parties was acted in good faith. This in effect allows for more procedural fairness‚ taking into account all matters within judicial review. Within this case‚ Robb J reasons that there is a legally binding contract
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Opinion on the Moseley v. V Secret Catalogue Case As the opinion delivered by Justice Stevens‚ the U.S. Supreme Court intended to answer the significant question in Moseley v. V Secret Catalogue‚ Inc. (Mosley case) that “whether objective proof of actual injury to the economic value of a famous mark is a requisite for relief under the 1996 Federal Trademark Dilution Act (FTDA)”. 1 Contrary to lower courts’ holdings‚ the Supreme Court stated in a unanimous decision that it is not enough to claim
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Legal cases Marbury v. Madison:(1803) Judicial review In 1801‚ Justice William Marbury was to have received a commission from President Adams‚ but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall stated that the Judiciary Act of 1789‚ which was the basis for Marbury’s claim‚ conflicted with Article III of the Constitution. Marbury did not receive the commission. This case determined that the Supreme Court and not the states would have the ultimate word
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CASE United States v. Nixon‚ 418 U.S. 683 (1974) FACTS A grand jury returned indictments against seven of President Nixon’s White House staff members and political supporters of the President for violation of federal statutes in the Watergate affair‚. The President on the other hand was named as an un-indicted co-conspirator. The Special Prosecutor Leon Jaworski filed a motion under Federal Rule of Criminal Procedure - Rule 17 for a subpoena duces tecum‚ a court summons ordering the President
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Citation: Powell V U.S. No. 405‚ Supreme Court of the United States‚ 1968‚ 392 U.S. 514‚ 88 S. Ct. 2145 L. Ed 2d 1254‚ 1968 U.S. 1140. Facts: Leroy Powell was arrested December‚ 1966 for public intoxication‚ which is in violation of Texas state law. Powell was found guilty and fined. He appealed and at trial Powell argued that he was not at fault for his behavior due to chronic alcoholism‚ which is a disease. He further argued that punishing him for his behavior was cruel and unusual behavior‚ a
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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
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Case 1 Case 2 Case 3 Court and Year Full High Court 2007 District Court of Queensland 2010 New South Wales Court of Appeal 2011 Relevant Facts Home purchased at $250000 with mortgage payment of $200000 Ms Clayton unable to keep up with payments After substantial period of default‚ banks sells sold property at auction for $150000. After deduction of sale‚ Bank seeks payment of the guarantor Ms Clayton claim guarantee not enforceable on her because of misunderstanding Ms Clayton alleges
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The March for Life Protest In 1973‚ Jane Roe filed a court case against Henry Wade in which she accused Wade of impregnating her by sexual assault (Glazer n. pag). During the case‚ the U.S. Supreme Court first argued that the Fourteenth Amendment does not mention abortion‚ but rather it guarantees a privilege to individual freedom under due process (“Supreme Court Rules on Roe V. Wade‚ The” par. 5). The state of Texas argued that it had convincing motivations to protect the life of an unborn child
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In the Greynolds v. Kurman case‚ I agree with the court’s decision. “There was sufficient evidence to support a finding of lack of informed consent” (Pozgar & Santucci‚ 2015‚ p. 339). When I read the case it seemed like the physicians did not put any effort in explaining the complete picture‚ including the Greynolds options‚ and letting them decide what they wanted. By law‚ “when there is doubt as to a patient’s capacity to consent‚ the consent of the legal guardian or next of kin should be obtained”
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