Appeal to flattery

holding discharged. Appellant had a previous felony conviction; under Kansas law possession of a firearm by a convicted felon is itself a felony. HISTORY: Defendant was convicted at a first trial of unlawful possession of a firearm (from which no appeal was taken), and was convicted at a second trial of murder in the first degree, done in the commission of a felony. The collateral felony was unlawful possession of a firearm after a felony conviction. Defendant appealed. ISSUE: Can unlawful…

he was sold an ungradable sports card by Mark. Mark claimed that Fitl did not inform him of this defect on time due to which he was not liable for any damages faced by him. Court decided in favor of Fitl and awarded him $17, 750. When Stark made an appeal in another court, this decision was maintained in favor of Fitl. In this case study, focus is towards written agreement and its accountability. In case there was a written agreement between two parties regarding grace period within 7 days to…

SCOTT V. CARPANZANO United States Court of Appeals, Fifth Circuit, 556 Fed.Appx 288 (2014) FACTS: Rick Scott deposited $2 million in an escrow account into Salvatore Carpanzano’s company. Because of his violation of the escrow agreement, his funds were withdrawn. Scott was not able to recover his money so filed a suit Salvatore Carpanzano, which included his daughter Carmela Carpanzano. Scott did not make any allegations on Carmela’s part. Salvatore Carpanzano failed to cooperate with discovery…

This case took into account when Nolan Bates, a subscriber to an Internet program to find his “Match” online, sued its software developer Apricot.com for deactivating the software program. This was done after he had declined to pay the license fees of $200 monthly required for using the software for three months. Apricot.com then decided to disable the software without notifying Bates. Also, it sent a letter containing disrespectful language to Bates stating that: “Loser, the license was…

the better systems in the country because of the progress the state has made restructuring the system and developing a more professionalized and independent judiciary. South Carolina’s unified judicial system consists of six courts: the Court of Appeals, Circuit Courts, Family Courts, Probate Courts, Magistrate…

As the trier of law, the Judge is obligated to weigh the competing needs of society, and conclude in a manner that results in the most justifiable satisfaction. However, due to the polar requirements of different individuals, the court may not be able to please every member of society. This juxtaposition of society’s needs is displayed in the case of R v Howard, where, although actus reus was proved, justice was not had for the accused, showcasing the nuance of law in Canada. On October 17,…

requested for an advice regarding a successful appeal against the client conviction of a criminal offence in the District Court of Queensland; due to the trial judge’s exercise of s15 (1) of the Evidence Act 1977 (Qld). Your question, my answer to your question, the background of and the rationality behind my answer are presented below. Question and Answer: Q. Due to the developments in relation to Chapter III of the Australian Constitution, would an appeal against a conviction - that was…

A Civil Action is a 1998 film depicting an attorney, Jan Schlichtmann, played by John Travolta, and how he battles it out against two companies that ha accused of dumping toxic and harmful waste into the nearby bodies of water and the ground. The plaintiff of this case is the families that were affected by the dumping of the waste; five families in which a child of theirs died from leukemia, and so Anne Anderson, also a victim, reached out to Schlichtmann to take on this case. The companies…

of privacy. Time argued that they are afforded greater freedom as members of the press, and that they were acting in cooperation with the Attorney General’s office (after gaining permission prior to the fake appointment). The 9th Circuit Court of Appeals held that under California state law, the cause of action for invasion of privacy was established on proof that defendant's (Time Inc.) employees, by trick, gained entrance to the office part of plaintiff's (Dietemann) home where they then…

clause is unenforceable (M/S Bremen v. Zapata Off-Shore Co, 1972). In this scenario, if the courts applied the doctrine of stare decisis then they will dismiss the suit. In the actual case on which this problem is based, the United States Court of Appeals, Ninth Circuit dismissed the suit based on Federal Rule of Civil Procedure 12(b)(3) ("Rule 12(b)(3)") (Doe 1v AOL LLC,…