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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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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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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Yes‚ it’s appropriate for local‚ state‚ and federal law enforcement agencies to acquire equipment because the logic behind the 1033 Program legislation is clear; to enhance capabilities thereby reducing response times of law enforcement. This subsequently saves tax payers money. (Smith‚ 2010) The program started in 1997 by the National Defense Authorization Act (NDAA)‚ which granted permanent authority to the Secretary of Defense to transfer defense material for law enforcement‚ particularly those
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the hospital last week‚ Hunter Montgomery was on life support before passing. The fans of the popular country singer are shocked and the outpouring of support has to be of some comfort for the family. According to the Lexington Herald-Leader on Tuesday‚ the investigators are waiting for toxicology test results to determine the cause of death. The Montgomery family has been silent in discussing the accident that put the young man in the hospital. Hunter Montgomery was only 19 years old and a father
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DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE‚ IL 60515-5799 Terms: (Nadel v. Burger King Corp.‚ 1997 Ohio App. LEXIS 2144) Source: Company Profiles and Directories;US Law Reviews and Journals‚ Combined;Federal & State Court Cases - After 1944‚ Combined;Newspaper Stories‚ Combined Papers Combined Source: Company Profiles and Directories;US Law Reviews and Journals‚ Combined;Federal & State Court Cases - After 1944‚ Combined;Newspaper Stories‚ Combined Papers Project ID: 7 of 8
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Kathryn Myrick Business Law 1 Professor McDonnell Case Brief A.5 Braun v. Soldier of Fortune Magazine Inc.‚ 968 F. 2d 1110 (11th Cir. 1992) FACTS: In 1985 Michael Savage placed an ad in the Soldier of Fortune Magazine (“SOF”) advertising “Gun For Hire”. The ad ran from June 1985 to March 1986 generating an average of 30-40 call per week for jobs ranging from murder‚ kidnapping‚ assault and other criminal activity. After three previous failed attempts on his business partner Richard Braun’s
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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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Page 517 918 F.2d 517 54 Fair Empl.Prac.Cas. 870‚ 55 Empl. Prac. Dec. P 40‚455‚ 59 USLW 2378 Emma S. VAUGHN‚ Plaintiff-Appellant‚ v. Robert EDEL‚ et al.‚ Defendants‚ Texaco‚ Inc.‚ Defendant-Appellee. No. 90-3181 Summary Calendar. United States Court of Appeals‚ Fifth Circuit. Dec. 6‚ 1990. Page 518 Kenneth J. Beck‚ Harvey‚ La.‚ for plaintiff-appellant. Albert H. Hanemann‚ Jr.‚ Lemle & Kelleher‚ John D. Fitzmorris‚ Jr.‚ Legal Dept. New Orleans‚ La.‚ for Texaco
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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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