How to Brief Cases To fully understand the law with respect to business‚ you need to be able to read and understand court decisions. To make this task easier‚ you can use a method of case analysis that is called briefing. There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully. When you feel you understand the case‚ you can prepare a brief of it. Although the format of the brief may vary‚ typically it will present the
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finding that the defendant did not owe the plaintiff a general duty of care. The Counsel held three reasons for supporting to appeal. The first was occupier’s liability and the Store did owe the special duty to Mrs. Zaluzna described in Indermaur v. Dames‚ the second was that the trail judge should have considered the different situations that led
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two court cases were being held in the supreme court about cruel and unusual punishment. Ingraham Vs. Wright (1977) and Gregg Vs. Georgia (1976). I choose to compare these because they both favored common good instead of individual rights and had a lot of similar aspects of their trials. During these Supreme Court cases Gregg Vs. Georgia showed more balance between the promoting the common good and protecting the individual rights than Ingraham Vs. Wright showed in 1977. In the court case of Ingraham
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The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
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Safford v Redding (2009) (Student rights regarding personal searches) • Facts of the case ¬ Savana Redding‚ a thirteen-year-old at Safford Middle School‚ was accompanied to the Assistant Principal Wilson’s office to be questioned about a day planner that contained knives and other illegal items‚ including four prescription-strength‚ and one over-the-counter‚ pain relief pills. ¬ Redding told the principal that she owned the planner but she knew nothing about the medication. Mr. Wilson explained
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Case of Braswell v. United States Team A Bridget Sarris‚ Bonnie Kyle‚ Erlyn Cruz‚ Ernest Snyder LAW / 421 Robert Tisher May 27‚ 2013 BRASWELL v. UNITED STATES This case presents the question whether the custodian of corporate records may resist a subpoena for such records on the ground that the act of production would incriminate him in violation of the Fifth Amendment. We conclude that he may not. From 1965 to 1980‚ petitioner Randy Braswell operated his business — which comprises
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The Zykan v. Warsaw Community School Corporation and Warsaw School Board of Trustees was a case regarding the limiting and prohibition of textbooks‚ removing books from the library and deleting courses from the curriculum. The case was disregarded by the district court‚ and was brought to the Court of Appeals for the Seventh Circuit. Ultimately‚ the court ruled that the school had a right to establish whatever curriculum that it wanted‚ but it was not allowed to restrict learning. The student’s right
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Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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CHAPTER 5: Integrative Case- Northwest Industries N Date: December 3‚ 2011 Information Management Immediate Issues or Problems * Is there an existing fraud in the payroll system of Northwest Industries? * What courses of action should be done by Northwest Industries to prevent and detect fraud? Basic Issues or Associated Issues * All of the 1‚500 company employees of Northwest Industries had a discrepancy between their reported withholding and the actual amount
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Case 5-60 1. The solution Doug proposes is not ethical. Although maintaining the current plant-wide rate is probably not illegal‚ its continuation has one purpose: to extract profits from government business. Doug knows the plant-wide rate is not accurately assigning overhead costs to various jobs and is willing to alter the assignments on an “unofficial basis” for purposes of bidding on private-sector jobs. Fundamentally‚ ethical behavior is concerned with choosing right over wrong. To knowingly
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