bonuses. The appellant admits that the threshold for reviewing a jury’s award is set very high‚ requiring that the verdict is so inordinately high that it must be a wholly erroneous estimate of damages. Relying on the cases of Howes v. Crosby [1984] O.J. No.3127 (C.A.) and Snushall v. Fulsang [2005] O.J. No. 4069(C.A.)‚ the appellants defined “inordinate “as too high or too low by 50%. Legal issue: Was the jury’s award for damages of $40‚000 patently excessive and out of proportion
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Allen v. Dalk CITATION: Supreme Court of Florida No. SC01-2 (2002) PARTIES: Allen (Niece) v. Dalk (Half-sister) FACTS: Ms. Dalk‚ disputed the validity of a will claimed to be that of her half-sister‚ the decedent‚ McPeak. Decedent signed four originals of a living will‚ three originals of durable power of attorney‚ but failed to sign her will. PRIOR PROCEEDINGS: The lower courts determined that the will was invalid. ISSUE: Whether the will of the decedent McPeak was properly executed
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In the late 1800s‚ many farmers were trapped in a vicious economic cycle. Crops prices began falling and farmers were often forced into mortgaging their farms so they could buy more land and produce more crops to break even. Good farming land was becoming rare and the banks took over the mortgages of farmers who couldn’t make payments on their loans. The railroads‚ on the other end‚ took advantage of farmers by charging them extreme prices for shipping and storage. Both equally frustrating the farmer
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BRIEFING A CASE EXAMPLE Student Name: Class: Case Number: PATTERSON V. McLean Credit Union 491 U.S. 164 (1989) FACTS: Patterson‚ a black female‚ worked for the McLean Credit Union as a teller and file coordinator for ten years. Patterson alleges that when she was first interviewed for her job‚ the supervisor‚ who later became the president of McLean Credit Union‚ told her that she would be working with all white women and they probably would not like working with her because she
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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
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MARYLAND v. GARRISON 480 U.S. 79 (1987) FACTS: The Baltimore City Police department obtained a warrant to search the home of Lawrence McWebb located “third floor of 2036 Park Avenue” for controlled substances and related paraphernalia. The police believed that there was only one apartment on the third floor‚ which in fact there were actually 2; one belonging to Garrison (defendant) and McWebb‚ the person listed on the warrant. Upon entering and searching the apartment‚ officers found drugs and
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S.H.A.R.K. v. Metro Parks Serving Summit County United States Court of Appeals‚ Ninth Judicial District 499 F3d 553 (2009) MOORE‚ Presiding Judge Rule of Law: The Privacy Protection Act (PPA) and the First Amendment rights were brought into question by the Plaintiffs. The judges ruled out the violation of the First Amendment rights and focused on the Privacy Protection Act as the main claimed offense. FACTS: Steve Hindi is the founder of S.H.A.R.K‚ a non-profit corporation that exposes
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Salinas V. Texas 570 U.S. 1 (2013) Facts: Two brothers were shot and killed in their home. Police recovered shotgun shells that led them to investigate the petitioner. The petitioner handed over his gun and agreed to go to the police station for questioning. The petitioner answered all of the questions the police had‚ but when it came to the question about the shells matching the petitioner’s gun he went silent. So the police asked a few more questions to which the petitioner answered.
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negligence claim with this case failed on the reason that the Touche(defendant) owed no duty of care to Ultramares (plaintiff) because Ultramares was not a primary beneficiary of Touche’s professional audit. The court found that Touche was guilty of ordinary negligence but not fraud. Over the years the rule of Ultramares has been expanded in some cases to the point that the gross negligence noted in Ultramares case has been eliminated. Ultramares Corp. v Touche is the leading case regarding the application
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Republic of Austria v. Altmann 124 S.Ct. 2240 FACTS: In 1998 it evidence was discovered that certain works in the Austrian Gallery archives in Vienna‚ Austria had not been obtained from their rightful owners. These works were believed to have been seized by the Nazis or expropriated by the Austrian Republic after World War II. Prior to the Nazi invasion of Austria in 1938‚ the paintings had hung in the Vienna home of Maria Altmann’s uncle‚ Ferdinand Bloch-Bauer. Mrs. Altmann claims ownership
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