Case Study-Transamerica Oil Corporation I. Procedural History This is a brief synopsis of the holdings of any previous courts and the disposition of the case by the court. Transamerica, who conducts oil and gas drilling, solicited Lynes about their advertisement regarding an injection packer and decided purchased several of them only later to determine that they did not perform properly. Plaintiff decided to file suit, under the Kansas Uniform Commercial Code (UCC), the plaintiff claim that there was a breach of an express warranty by the defendant. The acquired good did not perform.
To understand the debate over the second amendment, one needs to look at the Supreme Court ruling in the Heller case and the Constitutional impact it made. What is the procedural history of the case? At the District Court level, the Courts ruled in favor of the city of Chicago upholding the ban on handguns by dismissing the case. The case was then appealed to the Seventh Circuit Court of Appeals. A number of other suits were added in the appeal contesting Chicago and Oak Park
Furthermore, they stated that the act of crashing into the White’s car was not the “proximate cause” of the injuries to the plaintiff and the death of her husband but rather the result of a criminal act by Mr. Hard. The defendants believe there are no disputes of the material facts in the case and ask that the Court grant their motion The Appellee’s lawyers in this case, believe that Mrs. White was injured and her husband, Bruno White was killed when the vehicle driven by her ex-fiancée, Edward Hard, crashed into their vehicle. The State of Indiana requires that a plaintiff meet the following elements in order to recover damages: the defendant must have actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished, and the intoxication of the person to whom the alcoholic
Can we use our checking account to pay for it?” The straight cut and dry answer is no, or so says the policy. This funding stream is to be used for groceries, client activities, repairs and supplies for the houses. The clients and/or their families are supposed to be responsible for personal needs. What made this hard is I happened to know this individuals back story. He only receives only $98 per month and their family is unable to financially help him.
Exclusionary Rule Evaluation John Stepney CJA/364 November 5, 2013 Kenneth Overwater Abstract The Fourth Amendment always has protected the three civil rights of liberty, property, and privacy. Under the Fourth Amendment the exclusionary rule was designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule. Exclusionary Rule Evaluation In the 18th century the exclusionary rule under common law did not allow coerced confessions of defendants to be admitted in trial courts.
Roy L. Pearson, Jr., Appellant v. Soo Chung, et al., Appellees The case was tried in the District of Columbia Court of Appeals (Pearson v. Soo Chung, 961 A.2d 1067; 2008 D.C. App. LEXIS 486 (D.C. 2008).). It has been widely regarded as a frivolous lawsuit, but before dissecting the case itself to determine the frivolity of the suit, the facts of the case will be stated. In 2005, Washington D.C., administrative judge Roy Pearson took some garments to Custom Cleaners to be altered.
Critical Thinking Applied to Frivolous Lawsuits. A tort is a civil wrong defined as an injury to another’s person or property; product liability laws have developed from tort laws (Kubasek, Brennan & Brown, 2013, p. 149 & 185). Two notorious product liability lawsuits that have become synonymous with frivolous lawsuits are Stella Liebeck v. McDonald’s and Roy L Pearson, Jr. v. Soo Chung et al. USLegal.com defines a frivolous lawsuit as one that has no merit, lacks legal arguments and has no basis for the claim (US Legal.com, n.d. para 2). The media coverage associated with each of these cases has done a thorough job in convincing the American public that they constitute classic examples of frivolous lawsuits and serve as evidence for tort reform laws.
Pineapple, Atlantis car accident Plaintiff’s Closing Argument—Automobile Collision Thank you for the close attention you have paid to this case. I remind you that this is not a criminal case where everything must be proved beyond a reasonable doubt. It is a case of negligence and as the court instructed you in Instruction No. 4; it is whether you believe certain propositions of fact submitted to you by the great weight of the evidence. That means that if the scales tip just 51% on Pineapple, Atlantis car accident Plaintiff’s side and 49% on the side of the defendant, Pineapple car accident Plaintiff is entitled to your verdict.
Knudsen did not agree with Iacocca and Ford regarding competing so fiercely with the small foreign car market and was eventually forced to resign. Ford promoted Iacocca to president who immediately ordered the manufacture of the Pinto with a two year deadline (Trevino & Nelson, 2007). When the Pinto debuted in 1971 Ford was aware of the faulty fuel tank design, but according to the proposed guidelines set by the Federal Motor Vehicle Safety Standard 301, the Pinto met the required standards. It was not until 1977 that the Standard 301 was approved and all Pintos were provided with rupture-proof gas tanks. Iacocca set
One of the key members of this case is Scott Sullivan the Chief Financial Officer of WorldCom. It was determined by the statements from the members of the accounting staff that the amounts of money listed in the prepaid capacity account over several years came from Mr. Sullivan. They let it be known that he never gave them receipts for the account, but because they had no evidence that the transactions did not happen they went along with it. Mr. Sullivan stated in a meeting with the auditing committee Starting in 1999, WorldCom invested heavily in assets to expand the telecom network, anticipating enormous future demands in customer traffic. WorldCom not only purchased equipment and fiber, but also signed a significant number of long-term fiber leases with third parties to carry the expected telecom traffic.