Cravens 09/10/2013 CRJ 251 METZGER BRIEF STATE V. METZGER 319 N.W.2d 459 (Neb. 1982) FACTS: Defendant was seen naked with his arms at his sides from the thighs on up at his apartment window by another resident. Resident notified police on the act. The officers testified that they observed Metzger standing within a foot the window eating a bowl of cereal and that they also‚ seen that his body was nude from the mid-thigh on up. The defendant’s case was dismissed. LEGAL ISSUE: Was the
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1. Rule in Rylands v Flecther * Rylands v Flecther Facts | * P sued D‚ the mill owner‚ for the flooding caused by the escape of water from reservoir on D’s land. * Noted that the escape is caused by the negligence of the independent contractor‚ hired by D. * However‚ R v F is a strict liability and the negligence of the third party does not exonerate D’s liability. | Held | * Court was of the opinion that obligation on the person who lawfully brings on his land something which
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Name of Case in Proper Legal Citation Format Jones v. Star Credit Corp 59 Misc.2d 189 (1969) Who is/are the plaintiff(s) (i.e. consumer‚ company‚ employee‚ government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiffs who are welfare recipients agreed to purchase a freezer for $900‚ and purchase price came out to be $1234.80 with all the other added taxes. So far the plaintiffs have paid $619.88‚ however the freezer is only worth about $300. What legal question
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11th Amendment AJ 200 Diaz 04-29-2014 The 11th Amendment Do you ever wonder why law enforcements are usually the target for law suits? Or why the state can’t be sued? Well‚ I’ll get into more details on that further on in my essay and the reason why I asked you this question is because most likely you never actually thought about it. The eleventh amendment states: The judicial power of the United States shall not be construed to extend to any suit in law or
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Case Brief Saenz v Roe (1999) 1. Facts The facts of the Saenz V Roe case is that in 1992 the state of California wanted to change the Aid to Families with Dependent Children Program by setting a limit to new residents. By having this approved by the Secretary of Health and Human Services and having the Federal District Court implement it‚ there would a large number of new residents who would be treated unequally. By the time it became into law on April 1‚ 1997 a class action was filed to challenge
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Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee‚ 1996) On the evening of January 5‚ 1993‚ Tracie Reeves and Molly Coffman‚ both twelve years of age and students at West Carroll Middle School‚ spoke on the telephone and decided to kill their homeroom teacher‚ Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger ’s drink. After that ‚ they would steal Geiger ’s car and drive to the Smoky Mountains. On the
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Case Brief Citation: New World Communications of Tampa‚ Inc.‚ d/b/a WTVT-TV v. Jane Akre February 14‚ 2003. Denied February 25‚ 2004. 866 So. 2d 1231 District Court of Appeal of Florida‚ Second District. Facts: In 1998‚ investigative reporting team‚ Jane Akre and her husband Steve Wilson‚ brought suit against their employer WVTV‚ a subsidiary of Fox TV‚ under violation of Florida’s whistle-blower statutes. They argued that the station had terminated their employment under
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Table of Contents Table of Authorities Cases GA Code § 30.220a 5 Luring v. Hunter‚ 744 S.W.1st 8080 (GA. App.1978) 6 Taylor v. Basques‚ 553 S.W. 2d 5490 (GA. App.1986) 8 Table of Figures Contracts Definition A contract is a binding legal agreement that is enforceable in a court of law. Elements of a contract There are four basic elements of a contract: agreement‚ consideration‚ lawful object‚ and contractual capacity. All four elements have to be met for a contract
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Case Brief Summary: Marbury v. Madison Robert L. Broadwater PAD 525 Strayer University Dr. O’Neal July 09‚ 2012 Summary of Marbury v. Madison‚ 5 U.S. 137‚ 1 Cranch 137‚ 2 L. Ed. 60 (1803). Facts The incumbent president Federalist John Adams was defeat in the presidential election by Democratic-Republican Thomas Jefferson. The day before leaving office‚ President John Adams named forty-two justices of the peace and sixteen new circuit court justices for the District of Columbia. This was
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Commonwealth v Pestinakas 617 A.2d 1339 Facts: Joseph Kly met Walter and Helen Pestinikas in the latter part of 1981 when Kly consulted them about prearranging his funeral. In March‚ 1982‚ Kly‚ who had been living with a stepson‚ was hospitalized and diagnosed as suffering from Zenker’s diverticulum‚ a weakness in the walls of the esophagus‚ [***4] which caused him to have trouble swallowing food. In the hospital‚ Kly was
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