Joshua Upthegrove Case Brief: Elk Grove Unified School District v. Newdow FACTS: The Respondent Michael Newdow’s daughter attended school at the Elk Grove Unified School District in California. Elk Grove teachers began each school day with a recitation of the Pledge of Allegiance‚ including the words “under God” added by a 1954 Congressional Act. Newdow sued in federal district court in California‚ arguing that this violates the establishment clause of the U.S. Constitution’s First Amendment.
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the federal benefits that opposite-sex married couples do‚ such as federal tax benefits‚ immigration status‚ and Social Security benefits. The Supreme Court of the United States has before them a great decision to make in the case of United States v. Windsor. This will set precedent in United States federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states. The court will deliberate on the section of Defense of Marriage Act (DOMA) that defined
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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
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Lucy v. Zehmer Case Brief Facts: Lucy made an offer to Zehmer one night while at his restaurant to purchase Zehmer’s farm for $50‚000. Zehmer and Lucy both signed an agreement that promised Zehmer would sell the farm to Lucy. Zehmer claimed later that the agreement to sell the farm was made when they were both drinking at Zehmer’s restaurant and that he only meant the acceptance as a joke. Zehmer didn’t believe that Lucy’s offer was genuine since they were both drinking and went along with
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The Legal Memorandum vs. Case Brief A case brief is a short summary of a reported case. Students write case briefs to summarize cases they have read for class to keep track of the large number of cases students are required to read and analyze. During legal research case briefs serve to help the researcher keep track of the cases read and analyzed and can serve as the foundation for legal arguments in trial briefs or other documents filed with the court. Basically‚ a case brief summarizes
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1093/joclec/nhn021 Advance Access publication 16 July 2008 INDIA’S NEW COMPETITION LAW: A COMPARATIVE ASSESSMENT Aditya Bhattacharjea à ABSTRACT This paper critically examines India’s new Competition Act. I begin by examining the working of its predecessor‚ the 1969 Monopolies and Restrictive Trade Practices Act. Earlier studies‚ as well as a survey of recent cases undertaken for this paper‚ show that most cases under that Act involved consumer complaints and contractual disputes unrelated to competition. Very
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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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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 prevented
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NASH v. AUBURN UNIVERSITY FACTS: Two Students of Auburn University David Nash and Donna Perry were accused of cheating on their anatomy exams‚ which was a violation of the Student Code of Professional Ethics at Auburn. At a university hearing which was to determine the merits of their charge‚ faculty and student witnesses testified they observed Nash and Perry cheating in various way and at multiple times during their exams. At the conclusion of the hearing the students were suspended from the
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into the garage and put her in his car‚ he then turned the engine on and poisoned her with carbon monoxide. Tracey’s mother was not involved in this‚ Latimer denied killing her at first but he later then confessed for his actions .In the trial R. V Latimer (1997) Robert was convicted for second degree murder although the Supreme
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