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.…
Name Camelia Barrows Case Wickard v. Filburn Case Citation: Wickard v. Filburn, 317 U.S. 111, 63 S. Ct. 82, 87 L. Ed. 122 (1942) Facts: In 1938 the Agricultural Adjustment Act, or AAA, was passed to limit the amount of wheat grown and sold, as to prevent surpluses or shortages, and set fines for the overproduction of wheat. Filburn sold a portion of the wheat he grew and kept the rest for himself. But according to the AAA , the amount Filburn sold plus what Filburn kept exceeded the limit of how much wheat was allowed to be grown.…
Case Analysis: Clackamas Gastroenterology Associates, P.C. v. Wells Christi Wall Regis University Case Analysis: Clackamas Gastroenterology Associates, P.C. v. Wells The 2003 discrimination dispute between Clackamas Gastroenterology Associates and Deborah Wells sparked an important debate surrounding the relationships between an employer and its employees. The case provides critical guidelines for businesses today regarding employment relationships and what constitutes an “employee”, as well as guidelines for legal obligations under federal antidiscrimination laws. STATEMENT OF FACTS Deborah Wells, a disabled bookkeeper, worked 11 years for Clackamas Gastroenterology Associates, P.C., an Oregon medical clinic with 14 employees and four physicians who owned the professional corporation and made up its board of directors (Crispin, 2003, p. 1). When the company terminated her, she filed suit under the claim that Clackamas Gastroenterology violated the Americans with Disabilities Act of 1990 (ADA) (Crispin, 2003, p. 1).…
I too think that having a gun on school grounds is a serious crime. In the case of United Sates v. Lopez it should have only been up to the state to punish him, but that wasn't the case. Lopez's crime should not have been punishable under the Commerce Crime and that was exactly what the ruling upheld. The Commerce Crime had nothing to do with the Gun Free School Zone Act and therefore it was unconstitutional. Great discussion.…
Unit 10 DB 1 Lawyer and Lawyer v. City of Council Bluffs, Iowa The case of Timothy LAWYER and Michael Lawyer, Plaintiffs, v. CITY OF COUNCIL BLUFFS, IOWA was very interesting. Once this learner reviewed the video she understood the law, but also understood the Lawyers fear as well. This case went from bad to worst in the worst way. Lawyer and Lawyer Lawyer and Lawyer, two brothers about 17 and age 23 were pulled over for a traffic stop in regards to speeding on the 26th of March, 1999, at about 2am.…
Facts of Case: On April 10,1985 two officers called Williams (respondent), stating that he needs to come down to the police station for questioning about a double murder that occurred on April 6, 1985. Williams was driven to the police station by the two officers, (he was not arrested). Once at the station, the officers began questioning Williams about the crime that committed. William began to go in-depth about what took place with the crime, and even made a statement that he provided the murder weapon, but he was not present, stating the killer called him telling where the weapon and other items was discarded.…
Strict Product Liability The Calles v. Scripto-Tokai Corp. case is about a mother, Susan Calles, suing Tokai Corporation the designer of the Aim ‘n Flame lighting rod and Scripto-Tokai Corporation the company that sold the product. This lawsuit happened after Susan’s daughter, Jillian, died from smoke inhalation due to a house fire caused by her other five year old daughter, Jenna, lighting the Aim n’ Flame lighting rod. On the court listener is states that Susan Calles sued, “alleging that the Aim N Flame was defectively designed and unreasonably dangerous because it did not contain a child-resistant safety device. According to the complaint, a safety device was available, inexpensive, and would have reduced the risk that children could…
James Hitesman was a registered nurse and shift supervisor at Bridgeway, Inc, nursing home. He displayed concerns to management about that amount of infectious diseases within the nursing home. He claimed that the incidents of infections were rising at a disturbing rate. The management did not take care of the situation as he desired. Therefore, he told a television reporter about the problems in this nursing home.…
When the privacy of students comes into question there are mixed responses, especially when it comes to the contents of a student’s bag. From the landmark supreme court case TLO v. New Jersey, the privacy students have in school has inevitably come into question. Whether TLO or New Jersey was right, this court case changed the way we look at students and their privacy. Some may argue that students have no privacy in school while others may think they have too much. Has the Supreme Court already decided where they stand on this hot button topic?…
Respectfully submitted, _________________________________________ John R. Bell, Jr. (SC Bar No. 72599) John Bell Law…
Texas vs. Johnson (An analysis of the supreme court case Texas vs. Johnson and the current repercussions of the decision) The first amendment protects many of our basic rights such as freedom of speech, freedom of religion, freedom of the press, etc. The framers of our constitution left a broad wording to leave room for our country to grow and change as time went on. One of the adjustments our country has made over time is to define the actions and words protected under the freedom of speech. There are three basic categories of free speech; pure speech, is communication only through words, speech plus is speech plus an aid such as a sign or a chant, and symbolic speech, an action that communicates meaning without the use of words.…
9. Laura’s allegations a. Fact: Laura found the shortfall and repayment, she reported to Robert Calloway, the Chair of the Audit Committee. Robert arranged a meeting with Tony and Doug to look in to Laura’s allegations. They lied and denied all the allegation and Robert believed them without investigation.…
What Amendment did you choose for your topic? Include the number and the text. The 2nd Amendment, The Right to Bear Arms MLA citation for the Bill of Rights (official government site): "The Bill of Rights: A Transcription." National Archives and Records Administration.…
Introduction The case study involves Hernandez versus Texas this was a Mexican – American civil right case which was recorded as the first one. The case was listened by States Supreme Court this was after the Second World War. Historically it was around 1950. The case was involved murder the named Pete Hernandez who was a cotton picker was accused of killing Joe Espinosa. They were no Mexican who has served on the jury for more than twenty-five years.…
P. 12(b)(6) be granted? 3. Does the Plaintiff state a claim…