Marbury V. Madison (1803) Facts: Congress enacted the Organic Act which authorized John Adams to appoint forty-two justices of the peace for the District of Colombia. In the confusion of the Adams administration’s last days in office‚ Marshall (then Secretary of State)‚ failed to deliver some of these commissions. When the new administration came into office‚ James Madison‚ the new Secretary of State‚ acting under orders from Jefferson‚ refused to deliver at least five of the commissions. William
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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
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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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1. Citation: United States v. Conti‚ E.D.S.C.‚ Western Division‚ No.5:11-CV-470-F (2012) 2. Facts: In 2011‚ the North Carolina General Assembly passed House Bill 289‚ which approved the DMV to issue speciality license plates. One of these license plates was inscripted with the message “Choose Life.” The Plaintiffs‚ headed by the American Civil Liberties Union of North Carolina‚ and the Defendants‚ Eugene Conti and Michael Robertson‚ who held State positions directly pertaining to transportation
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1. The Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied
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Vian v. Carey Case Brief: Facts: Defendant Mariah Carey is a famous‚ successful‚ and wealth entertainer. Plaintiff Joseph Vian who used to be Carey stepfather is suing her. Vian claimed to have orally agreed with Carey to market singing dolls in her likeness. History: A motion of summary was given after the U.S. District court of New York saw the case. Issue: The issue is whether the objective circumstances indicate that the parties intended to form a contract Holding: Under the law of New York
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Brown v Board Of Education is the foundation of the fight for civil rights because it overturned the idea of separate but equal that had been used to justify racism. The equal but separate idea was a result of Plessey v Ferguson that established that separate but equal does not violate the constitution. The Louisiana Separate Car Act required separate rail cars for blacks and whites. It required rail companies to provide separate but equal accommodation for black and white passengers. Plessey who
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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
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Rory Parata-13448932 Roper v Simmons (2005) Facts When 17 years old Christopher Simmons admitted to commiting murder‚ 9 months later he was trial as an adult and was sentenced to death. Simmons party argued that he was ‘’very immature’’ and ‘’very susceptible to being manipulated’’ while he was away from home a lot with other teenagers. Simmons filed a new petition for state postconviction relief‚ arguing that the reasoning of Atkins established that the Constitution prohibits the execution
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For nearly half a century‚ the Supreme Court’s decision in Tinker has been applied to numerous cases involving student speech. However‚ in recent years‚ the Supreme Court has been faced with the difficult decision of how to apply it to online‚ off-campus speech. So what direction are the courts currently heading to give clarity to school leaders on how to approach discipline of students’ off-campus‚ online speech? The answer… is very little. One case we briefly mentioned in class this semester
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