Appeal to flattery

In this essay, I will address the following cases, Donoghue v Stevenson, Anns v Merton, Ward v McMaster and Glencar v Mayo in detail along with other relevant cases. I will show how the courts progressed from deciding that proximity in Donoghue v Stevenson decides whether a duty of care exists to deciding that policy over proximity in Glencar dictates whether a duty of care exists, I will address how each case had a significant role to play in how the Glencar judgement was reached. “In most…

As is commonly known, a portion of today’s trials that take place are accusing the wrong person. But how long has this been a problem? There have been multiple trials in the past that have had the same thing occur, and many individuals are tried for crimes they did not commit. A large portion of those people are even found guilty and wrongfully thrown in jail. Unfortunately, Eddie Joe Lloyd was one of those people. Lloyd was a patient in a mental hospital who often wrote to police in hopes of…

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 plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014. Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.…

of the action observed: what was seen, heard, touched, tasted, how it made one feel and can the reader relate to what is being described. In The Old Man Isn’t There Anymore, Kellie Schmitt created an effective observation by using sensory details, appeal to the reader’s emotion using pathos, and relating her experience in China to experiences in the United States. A good observation is very descriptive and detailed. An effective type of detail are sensory details that are observer by the…

the judge concluded that “her confused medical condition resulting from her underlying senility and depression warrants the exercise of the jurisdiction of this court” (Lane v. Candura , 376 N.E.2d 1232) through the appointment of a guardian. The appeal court transcribed the trial court's decision as enough evidence to support the legal incompetency claim, due to the absence of causal relation in irrationality and legal competency. Mrs. Candura's traits of lucidity and confusion, distorted…

On the 17th of December 1986, Olaf Dietrich arrived in Melbourne from a flight from Thailand and was charged the next day with four counts of drug trafficking. He was alleged to have swallowed 70 grams of heroin in small packets in attempt to smuggle them through customs. Olaf Dietrich was found, in his first trial, guilty by a jury of importing no less than a trafficable amount of heroin as pursuant to section 233B of the Customs Act of 1901. Dietrich at first alleged that the drugs had been…

the right to appeal to a higher court which can lead to the Supreme Court. A person can file an appeal within 30 days of receiving the judgment of the District Court. If one of the parties is one of the following: a) From United States b) An agency of the United States c) An officer of the United States The offender must file an appeal within 14 days to the higher court. The time of appeal can be extended after receiving the petition on time. There is also a limit on the number of appeals that…

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? Olaf Dietrich was accused of a number of drug-related offences. He was unable to afford legal representation and was made to go to trial without counsel. Dietrich had applied to the Legal Aid Commission of…

The argument surrounded the trial judge, Murphy J, in finding the parties to have made equal contributions during the marriage but making a 10% adjustment for the husband’s contributions to the business post-separation. On appeal, this highlighted the danger of valuing a “special” contributions over non-financial contributions like the role of home-maker and parent. Bryan CJ and Ainslie-Wallace J stated: A contribution by one party in the role of home-maker and parent …allows…

Case: Vanna WHITE (Plaintiff) v. SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and David Deutsch Associates, Inc., a New York corporation (Defendants) Citation: 971 F.2d 1395 (Case Brief Document) Procedural History (what happened in the case): Samsung Electronics America Inc. and David Deutsch Associates Inc., Defendants, were sued by Vanna White, Plaintiff, because Defendants used a robot likeness of Plaintiff in a series of advertisements without Plaintiff’s consent or monetary…