For my Essay #3, The Juror’s Reflection, I have chosen to discuss the case of Moon Microsystems, Inc. v. John Zucchini. I have chosen this case as I found John Zucchini sounded very innocent during my first read through of the trial description, but on each successive read through I found he sounded more and more guilty. I believe that Zucchini would have had a hard time justifying any benefits of his chosen domain name outside of the gained popularity through Moon’s customer’s confusion. In this case, the burden of proof is on the plaintiff, Moon Microsystems, Inc.…
Case name: Rankin v. McPherson, 483 U.S. 378 (1987) Facts: Ardith McPherson was appointed a deputy in the Constable’s office of Harris County, Texas, on January 12, 1981. Her duties were only clerical. On March 30, 1981, McPherson discussed with her boyfriend, and fellow employee, a report about an attempt to assassinate the President of the United States. She made the remark “If they go for him again, I hope they get him”. Her remark was reported to Constable Rankin, who fired McPherson, even though she told him she did not mean anything by it.…
Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant.…
The case being addressed in this essay is: Winnipeg Child and Family Services (Northwest Area) v. D.F.G. The topics being addressed in this essay will be provided through a summary and an analysis, explaining the case through legal liberalism and feminist legal theory in relation to the majority decision and the dissenting decision. I personally, agree with the reasoning of the majority decision and will prove why. Summary…
Identification: Legal Services Corporation v. Velazquez 531 U.S. 533 (2001) Facts: Carmen Velazquez, a 56-year-old grandmother, claimed her public assistance benefits were wrongfully terminated. Her benefits were terminated for failure to participate in a job search program without a pre-termination hearing. Without the pre-termination hearing, she was not allowed to present her physical impairment as cause for her inability to work.…
Harco is reporting this loss is currently on trial in Los Angeles, CA. This loss involves a wrongful death action of a 16 year old male passenger on the insured’s bus (open air double decker) in Los Angeles CA. The claimant was attending his friends sweet sixteen party, where the friends’ parents (Schlossberg), charted the tour bus from the insured. During the tour, it is alleged, the mother (Mrs. Schlossberg) of the girl hosting the party provided alcohol to the minors and left them unsupervised. At some point during the tour the bus entered the freeway and was traveling at approximately 55 mph.…
Abbott v. Gould, Inc., 232 Neb. 907, 443 N.W.2d 591 (Neb. 1989) Facts: Several former employees and personal representatives (Plaintiffs) of Gould, Inc. (Defendant/Appellee), sued to recover damages against their former employer and Robert J. Fitzgibbons, Sr., M.D (Defendant) based on allegations that they were responsible for damages based on their conduct. The Defendant demurred in part, on the grounds that the district court lacked subject matter jurisdiction in the matter. The Defendant also operated a secondary lead refining and smelting plant. It is the Plaintiff’s belief that the Defendant knowingly misrepresented the facts to its employees, refusing to acknowledge that their work environment was reasonably safe.…
This case requires us to reconcile a conflict between Marsh, Olympus imposing an ordinance and enforcing penalties on people who sell home-made baked goods out of a home that has not been inspected by the Marsh Health Department for health purposes. The Marsh Health Department inspected homes within a 70-mile radius of its city, but did not cross state borders. The question presented is whether the city of Marsh, acting under the authority granted to it by the due process clause in the 14th Amendment, overstepped its constitutional boundaries in enacting the ordinance. Mary G, an out-of-state citizen living three miles south of Marsh, requested and was denied a home inspection by the Marsh Health Department. She continued selling her baked…
From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…
While studying the case R. v Hauser, it is clear to see why it is known to be one of the leading constitutional decisions in understanding the workings of Peace, order and good governments in relation to a power struggle of jurisdiction. The whole case surrounds the question on whether the Attorney General, or the Attorney General of Canada should have the power to control the prosecution under the Federal Narcotics Control Act. It is a battle for powers of jurisdiction in regards to the criminal code, and more so the Narcotics Control Act; (NCA), 1961. The Narcotics Act was once Canada’s national drug control statue prior to its repeal in 1996 where the Controlled Drugs and Substance Act took its place. The NCA upheld an international treaty which prohibited the production, and supply of specific drugs; normally narcotics, unless given a licence for specific…
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.…
Ginarte Gallardo Gonzalez & Winograd, LLP is a personal injury law firm. Their law offices are located in Newark, NJ, New York, NY, Union City, NJ, Elizabeth, NJ, Clifton, NJ, Perth Amboy, NJ, Jackson Heights, NY, and Jackson Heights, NY. Their areas of practice include construction accidents, workers’ compensation, car accidents, personal injury, medical malpractice, and social security disability. Ginarte Gallardo Gonzalez & Winograd, LLP is a member of the Million Dollar Advocates Forum.…
In the matter of Roper v. Simmons (2005), 17 year old Christopher Simmons and two accomplices had planned a murder in great detail and carried out the killing of victim Shirley Crook. In 1993, Simmons entered Crook’s home, robbed her, tied her up, and finally threw her off a bridge. The case had an overwhelming amount of evidence including a confession from Simmons, testimony from another accomplice in the planning of the murder, and a videotaped reenactment of the murder. At the age of 17, after a brief trial, Simmons was found guilty of the crimes and subsequently sentenced to death (Roper v. Simmons, n.d.). From prison, Simmons filed appeals to both state and federal courts, but with each, his sentence was upheld (Roper v. Simmons, n.d.).…
Honig vs. Doe (1988) In 1988, the concept of disciplining students with disabilities under the Education of the Handicapped Act (EHA), which is today considered the Individuals with Disabilities in Education Act (IDEA), was brought into question. The plaintiff, an emotionally disturbed (ED) child named John Doe, was suspended from school for choking another student. He claimed that his ED caused his misbehavior. As the school was deciding to expel him, they maintained his suspension.…
Issue In this case there are three issues. Was there a valid unilateral contract between Barbara Wisdom and Lab & a Ladder Construction that holds Barbara liable to pay $5200 in fees, was there a valid contract between Barbara Wisdom, her son Jason Wisdom, and his wife Alicia Jewell-Wisdom, when Barbara signed the promissory note stating, “As promised, if I ever sell Green Valley, I will give the amount of $250,000 to Jason Wisdom and Alicia Jewell-Wisdom for the value of the land at 55 East Frontage Road”, and was there valid express contract between Barbara Wisdom and Jason Wisdom on the use of the leaf logo that had the slogan “just green it” on it? Rules of Law…