1. Goods versus Services. A. ISSUE: Discuss fully whether the contract between the Palermos and Colorado Carpet was primarily for the sale of goods or the sale of serv¬ices. The contract between the Palermos and Colorado Carpet was primarily for the sale of services because the Palermos orally agreed to the purchase and installation of the carpet.…
In the court case The People of the State of Colorado v. Sandra L. Jacobson, Jacobson is convicted of homicide. The homicide resulted from her truck colliding with a taxi cab while she was driving under the influence. There were two passengers in the taxi at the time of the collision and both were killed. Jacobson appealed the court’s decision on the basis that the trial court did not allow her attorneys to gauge whether or not the jury had become biased due to mid-trial publicity that included inadmissible information. On the fourth day of the trial, the Court was made aware of the fact that a local television network would be covering the incident that led to this trial on its evening news program.…
Analyzing a case through a different perspective not only furthers the understanding of that theoretical perspective, but provides a refreshing outlook on the legal principles of the…
This essay will discuss the case of R v. Labaye. A summary of the nature of the proceeding and the judges writing decision, facts, legal issues, the decision, judicial reasoning and a thorough analysis will be addressed in this essay. I prefer the reasoning of the majority decision as it is reasonable and ethical. The nature of the proceeding is an appeal heard from the Supreme Court of Canada.…
I am going to begin this paper by stating that I do, in fact, side with Motley. However, because I want to be an attorney, and I enjoy debate, I feel I must explain how exactly I came to this conclusion, as it was not an easy one. Originally, I was torn between Motley and Anderson. I agreed with both of them in that a sender and receiver is necessary to facilitate communication, thus eliminating Clevenger; however, I struggled with the differentiation they drew in regards to intentionality.…
United States. In this case, the court ruled 5-3, declaring that the government’s ability to freeze a defendant 's non-tainted assets during a trial violated the constitution. This is relevant because the court reasoned that without access to proper funds, a defendant might not be able to provide themselves with adequate counsel for their trial. In Glossip v. Gross, the Supreme Court affirmed in a divided 5-4 judgement that the burden of proof required to classify Oklahoma’s use of midazolam, a sedative, as cruel and unusual punishment had indeed not been met. These recent instances of the Constitution’s interpretation have shed an ever growing light on how the American justice system works and the continuing understanding of the United States Constitution.…
Nysha Moore Negligent Drug Overdose 1. Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur. Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to prove all 3 elements in order to shift the blame to the defendant.…
Reflection on SCOTUS Speeches As I listened, I noticed the importance of clear representation of both plaintiff and defendant views and arguments to the audience’s understanding of the case. Failing to provide accurate distinctions between arguments, beliefs, and perspectives can leave the audience confused on the nature of a case. I also recognized how essential it is to reference the situational variables as well. If important details, as such, were to be left out of a speech, the case has the potential to be portrayed inaccurately.…
Once you have chosen a case, begin conducting your research. Your research should cover the following details: 1 The individual or group that had their rights infringed—who were they? Olaf Dietrich had his rights infringed. 2 Which right(s) was infringed? How was the right(s) infringed?…
FACTS: The appellants rented an apartment from the defendant; the defendant filed separate actions against the tenants arguing default on the payment of rents due. The appellants do not deny non-payment; they argued housing code violations as “equitable defense” in an amount equal to the rent owed. The Court of General Sessions entered judgment for the landlord, and the DC Court of Appeals affirmed. The DC Circuit Court granted leave to appeal and reversed.…
D-The patient arrived early for her appointment. Requested to decrease her methadone by 5mgs as she wishes to be stabilized at a lower dose. Denies any sort of cravings/withdrawals. This writer updated the patient about a recent conversation with her attorney and also, informed the patient that this writer was subpoena to appear in court pertaining to the patient's case on 06/28/2016 at 9:30am. The patient signed an ROI for court and for her attorney.…
The Plaintiff in this case has failed to form a prima facie case that either general or specific jurisdiction exists over the Defendant. The Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(6) was granted and the Defendant was given leave to amend. In order for a District Court to hear a case it must have jurisdiction.…
Department of Pub. Aid ex rel. Temple v. Van Kampen at…
pp. 50-52 United States. Congress. House of Representatives. Committee on the Judiciary.…
The two cases discussed above are a good example of understanding the differences between the defamation and the remarks made out of normal or ordinary meaning of words. In the case of Berkoff vs. Burchill, the case specifies that a specific meaning was separated and the preliminary issue is in need of finding whether the meaning is capable of being defamatory. Mr Price QC, while defending his clients states the characteristics for defamation as a solution to publications damaging any individual’s reputation.…