Common Raven

A Professor of Law at George Mason University wrote an article about the jury nullification in the Washington Post. In it he focuses of various aspects that make this process so interesting and contradicting. The author give his personal view on jury nullification and his initial attitude toward it. Jury nullification can be seen as a two edged sword, because it is not applied on constant and consistent basis. The author, Ilya Somin agrees that it can curb unjust laws, however it…

This case is related to a suit filed by Fitl on Mark. Fitl claimed that 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…

Since each court individually chose how to define piracy and determine who was a pirate, and lacking a ubiquitous and clear procedure to guide justices, predictably, the application of these determinants were haphazard and unpredictable. This extreme environment of uncertainty meant that neither sailors nor government officials knew for certain if these aggressive maritime actions were an illegal, or at the very least, a hangable offense. So why did the crown and Parliament allow such ambiguity…

The war on terror has brought forth various unexpected challenges for the United States. In many instances, as history has shown, the minority of those with power have imposed their own self-interest upon the majority of people with little to no power. To combat the abuse of such power, the Writ of Habeas Corpus was written into the Constitution to provide rights to individuals who have been accused of a crime, although select Presidents have found ways to circumvent that right and assert…

The word that the lower court left out of its opinion was “material” from in front of the word “breach.” I believe that Mills’ hope was that this omission would somehow exonerate them from the actual breach they committed (since I agree with the ruling), that since they did not provide the materials necessary for Double Diamond to complete their work, construction was halted and that was not considered a breach on the part of Double Diamond. Had Double Diamond had the proper materials, which…

For the benefited party to enforce a covenant, there must be either actual notice or constructive notice. Typically, one has constructive notice if a recorded deed in the chain of title contains the specific restriction. However, this is not always necessary. In Westland Oil Development Corporation v. Gulf Oil Corporation, the Texas Supreme Court addressed to what extent a reference to an unrecorded instrument within the chain of title could impart constructive notice to a subsequent assignee.…

The Australian Consumer Law (ACL), common law and equity play essential roles in enforcing the appropriate standards of conduct in contractual dealings in Australia. The ACL is consumer protection legislation that sets the appropriate standard of conduct required in commercial dealings of trade or commerce. Common law and equity ensure appropriate standards are adhered to in all transactions not covered by this legislation. Common law is also important in interpreting some of the broader…

illegal or negligent professional activity or treatment especially by a medical practitioner, lawyer, or public official. Malpractice happens almost in our everyday lives. One set of people that encounter malpractice the most is our veterans. The most common malpractice they easily find themselves in is medical malpractice. Medical malpractice just as not receiving the benefits they were promised and also the lack of medical attention they truly deserve. Furthermore, one of the biggest…

Part I Issues The issues concern the correctness of the finding of the majority in the Court of Appeal that there had not been a breach of fiduciary duty by the Respondent. In particular: a) whether the scope of the Respondent’s fiduciary obligations extended to the Appellant’s business venture and whether the Respondent breached his fiduciary obligation by failing to continue negotiations and subsequently receiving an unauthorised profit from his position. b) whether the majority was correct…

Has there ever been accidents that defendants have done that is so negligent, that when people hear about it they simply cannot help but shake their heads and ask “what were they thinking of?” The term res ipsa loquitur is very similar to that type of thinking. Res ipsa loquitur is derived from the Latin language and when translated means “the thing speaks for itself” It is a doctrine that specifies that a breach of a party's duty of care may be concluded from the events that occurred…