The case of Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln health center. This was a case where a patient Brenda Brandt was seen for a medical condition. While being treated for the condition the medical center she was implanted with a product that would be subsequently be recalled after her surgery. I was recall because it caused server medical complications with patients. Mrs. Brandt files a suit against the medical center and the manufacture Boston Scientific Corporation of the product which was implanted in her for a breach of warranty the Health center file a motion to have the case thrown out.…
Case Brief Graham vs Connor, 409 U.S. 386 (1989) 1. Facts: Graham was experiencing a diabetic insulin reaction so he asked his friend to take him to the convenience store to get orange juice to react against the instant reaction. The friend took Graham to the convenience store. Graham went in the store got orange juice got in line in the line was long so he decided to leave and go home instead. There was an officer outside of the convenience store.…
Legal Brief Assignment Sociology 2309 Law and Society, Spring 2016 Cody Paterson Kelo et al. v. CITY OF NEW LONDON et al. Certiorari to the supreme court of Connecticut Procedural History: The Kelo case was appealed by petitioners to the New London Superior Court where the court granted a restraining order prohibiting the taking of some of the properties, but denying relief as to others, and was affirmed in part and reversed in part by the Connecticut Supreme Court.…
The issues started when McCleskey, an African American, was convicted of two charges of robbery and one charge of murder and was sentenced to the death penalty. These actions were taken on the account of McCleskey robbing a furniture store in Atlanta, Georgia and murdering a Caucasian police officer in the process, by shooting him with a gun. Later witnesses brought in the gun he used, and one of the bullets that were fired that night. The jury did find him guilty and charged him for the things he did. McCleskey tried to defend himself in court by stating that they were violating the eighth and fourteenth amendment, which both explain things about equal protection rights, and cruel and harsh punishments, given to those who are tired.…
Ethical Considerations Holmes’ defense claimed that his notebook was protected by physician-patient privilege, but the prosecution argued that it should be trial evidence. “The big issues for the court to decide are whether or not a privileged relationship between psychiatrist and patient actually exists, whether anything the patient has done has waived that privilege and whether there is an exception,” said Patrick Furman, a law professor at the University of Colorado.” (Ingold, 2012) Holmes notebook detailed how he planned to kill people, included drawings, his reconnaissance of various sites, possible casualty counts, and police station locations.…
As the owner of a commercial enterprise, there are several aspects of operating a business organization that one ought to be mindful of. With the traditional routines of running a business, the owner should even be knowledgeable of laws that pertain to the business as well as the effects they may have. The incident that occurred at Springfield Arms Apartments brings about queries on where the accountability lies, with the owner or the trespasser. The responsibility is weighted legally as damages incurred. However this matter is handled by the owner reflects the kind of business ethics Springfield Arms Apartments is overseen by.…
A state constitution dictates how the government of the state will be structured, as well as providing basic rules for the governing of the state (Brown et al. 42). The state government’s primary source of power for policymaking also comes from the state constitution (Brown et al. 42). A state constitution contains…
Rosa can sue Annette for torts, due to her failure to keep her friend company safe. Annette can be charged with Wrongful Interference with a Business Relationship. She had created a promise with Rosa, to be her book keeper, but she betrayed her position, to create her own business. She no only went against her friend's trust, but she ruined her friend's coffee shop reputation. Annette can by criminally prosecuted in criminal Court.…
Battery is defined as an illegal touching of another person. This can be as small as grabbing someone’s shoulder or wrist all the way up to imposing serious harm on another person. If you are involved in an argument that becomes physical and the other person punches you in the face, this is considered an “intentional tort.” In all situations in a pharmacy, you should make sure that you never, ever touch a customer in any way. This country has become so “sue happy” and our courts are full of frivolous lawsuits that the people who really need the help and have a viable case cannot get any legal team to take their case.…
Through the years, it has been unclear to many people whether or not eminent domain has been used correctly. Many people disagree, but those are the people who have been affected by it directly. The opinions on this question are mostly biased, but looking at it from an outside standpoint, eminent domain is being used correctly. The Fifth Amendment states that the government has the right to take private property if they can prove that the property is going to be used for public use.…
Answer: Yes, Bo would be entitled to recover his $1,000 payment plus the $150 cost of clearing the land. He has the option to rescind his contract. Also, Sadia had knowledge and consent that Bo was going to had Lot No. 2 cleared of brush. Therefore, he should be able to get the money back for the cost of clearing the land. (g) Assume that on March 1.…
Writing Assignment 3 2.1 Standing to Sue Facts: An Idaho couple, Jack and Maggie Turton, purchased a house in Jefferson County directly across from a gravel pit. Years later the county converted the pit into a landfill that collected environmentally harmful trash including: major appliances, animal carcasses, containers with hazardous content, leaking car batteries, and waste oil. The couple complained to the county but the county refused to act.…
On the Nature of Property – Jean-Sifrein Maury In the Declaration of the Rights of Man and Citizen, it is stated that “property is an inviolable and sacred right…” and the current draft of the Constitution states that “the constitution guarantees the inviolability of property or a just and prior indemnity for that of which a legally established public necessity may demand the sacrifice.” This is a section of the Constitution that should be applauded. For in this statement, there lies a great and admirable protection of citizens – a protection of them from the government. By stating this as law no longer can the government take anyone’s land in the state and if they do, just compensation is required.…
Connick v. Thompson: 563 U.S. _____, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011) – One of the issues raised in this case was the violation of Brady v. Maryland where the prosecutor withheld exculpatory evidence (law.cornell.edu. n.d.). Therefore, Thompson brought a suit pursuant 42 U.S.C. § 1983 alleging that the district attorney’s office was liable for failing to properly training its employees on the requirements of Brady. Furthermore, the concern was about the prosecutor’s behavior.…
A tort is a civil wrong that are done by one party against another or causes someone else to suffer loss or harm resulting for the person who commits the act. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. There are 4 elements to tort law which are duty, breach of duty, causation and injury.…