Appeal to fear

Bell Atlantic v Twombly Daniel Hagan & Kristopher Nance Background The case is brought on by William Twombly and a group of consumers in the form of a class action lawsuit against the Bell Atlantic Corporation. Twombly claimed that Bell Atlantic had violated section 1 of the sherman act which deals with the formation of trusts and conspiracies. They go on to claim that Bell Atlantic conspired to end competition between itself and other members of its industry, and to stifle new entrants into…

The case against Pokora v. Wabash Ry Co. argued in March 8,9, 1934, decided April 2, 1934. John Pokora is suing the railroad company for damages due to the injuries he received from getting struck by a train while crossing the railroad. On that day the article stated that Pokora was an ice dealer, and he had come to the crossing to load his truck with ice. The tracks of the Wabash railway are laid along Tenth Street, which runs north and south. There is a crossing at Edwards Street running east…

Juvenile Jurisdiction and Typical Juvenile Cases Jurisdiction is the granted ability to exert authority over an individual or entity. It can also outline the geographical area in which one's authority is recognized. As it relates to juvenile courts, the jurisdiction varies based on legislation passed by each state, as the United States has no federal juvenile court system. Typically, once jurisdiction has been established, the juvenile court system takes cases ranging from juvenile status…

The Katz vs. United States case was a very controversial case due to the vagueness the fourth amendment applied to this particular case. Basically, Katz was convicted of transmitting wagering information over telephone lines in violation of federal law. After reviewing the case brief it is understood that Katz was unaware of the tactics of the government, placing a listening device on top of the phone booth Katz was occupying. The argument for the case was whether or not Katz’s fourth amendment…

he was embarrassed and hurt emotionally by the actions of the manager. Procedural History The jury of the trial court ruled in favor of Fisher. The trial court set aside the verdict and found in favor of Carrousel Motor Hotel. The court of Civil Appeals affirmed the decision of the trial court that no assault took place. Fisher appealed, escalating to the Supreme Court. Issue Was there a battery committed? Is the corporate business responsible for the employee? Holding…

The appeal case of Mutual Life and Citizens’ Assurance Co Ltd v Evatt (1971) AC 793 (Mutual Life) was allowed on the basis of three issues including if the appellant had the competency to give this advice, if innocent misrepresentation is negligent and if there was an element of reliance by the respondent on this information. The interpretation of these factors determined the appellant owed no duty of care and was not liable for the respondent’s monetary loss. The first issue was if the…

Packard v. Packard 18 January 1864, the jury reached its verdict. “We, the undersigned, Jurors in the case of Mrs. Elizabeth P. W. Packard, alleged to be insane, having heard the evidence… are satisfied that she is sane.” Judge Starr ordered, “… that Mrs. Elizabeth P. W. Packard be relieved of all restraints incompatible with her condition as a sane woman.” (Packard v. Packard, pg. 40) Neither the judge nor jury addressed the question of whether, had Mrs. Packard been found insane, Mr. Packard…

money back. The owner counter-claimed for costs incurred as a result of having to go with a different competitor. During the trial, the counter-claim was dismissed but it was held that the owner was entitled to keep the deposit. The Ontario Court of Appeal reversed the trial decision and held, relying on the contractual doctrine of mistake, that Ron Engineering was entitled to get its deposit back. The owner appealed to the Supreme Court of Canada. There were two contracts involve during this…

Case Brief Citation Welch v. Helvering, 12 AFTR 1456 (USSC, 1933). WELCH v HELVERING, 12 AFTR 1456, 290 US 111, 3 USTC ¶1164 (US, 11/6/1933). WELCH, THOMAS H., 25 BTA 117 Facts: Thomas Welch worked for the E.L Welch Company in the grain business. The Welch Company proceeded to go bankrupt and Thomas Welch went on to work for the Kellogg Company to purchase grain for them on commission. Thomas Welch decided to pay off the debts of the Welch Company so that he could improve his credit and…

The novel, “The Art of Racing in the Rain”, written by Garth Stein is told through the eyes of a labrador retriever, terrier mix dog named Enzo. Enzo, short for Enzo Ferrari, was purchased by Denny Swift when he was just a small pup. Enzo is not your average canine. He considers himself to be very intellectual and to possess the ability to comprehend things the way humans do. He even claims that after a dog’s death, their souls are reborn as human life forms but, unfortunately, for now, he is…