1) Essay Using the case Griswold v. Connecticut (1965), make the argument for legal formalism (original intent) of the Connecticut law banning contraceptive information or devices. Then make the opposite argument based on legal realism. The case came about when the state Planned Parenthood League opened a clinic in New Haven, Connecticut, in 1961, two staff members, Estelle Griswold and C. Lee Buxton, were arrested and fined under a rarely used law for giving advice and a prescription[->0] for a contraceptive[->1] to a married couple. The defendant argued that she had a constitutional right to privacy that was violated by enforcement of the 1879 state law. (Ivers, p.33) A legal team lead by Thomas Emerson represented Griswold and Buxton in this case.
Shortly thereafter, they were arrested for and found guilty of being accessories in the sale and distribution of illegal contraception. (T., G.R.) As required by law, they were fined one hundred dollars each and sentenced to jail time. Buxton and Griswold appealed the hearing to the Connecticut Supreme Court on the grounds that the law violated the United States Constitutional right to privacy. It was after appeal in 1965 that the Supreme Court finally heard their case, which after the 1943 Tileston v Ullman case that had attempted to make an appeal on the behalf of patient health, and the 1961 Poe v Ullman hearing in which a doctor and his patient sued because the law was unfair but they had not been harmed by the law so they had to dismiss the hearing.
Assignment #1Davis v. County Commissioners of Dona-Ana Davis v. County Commissioners of Dona-Ana Shunovia Crenshaw Instructor: Dr. Jean Gordon Business Employment Law HRM510 Date 4/22/2012 Abstract Davis v. The Board of County Commissioners of Dona-Ana was sued by a female complaining that they were liable for the abuse she received by Mr. Herrera. Mr. Herrera was hired by Mesilla Valley Hospital under the assumption that he was an outstanding person and they had received an exemplary report from his previous employer. Because of the reference they received they hired him. He resigned from the other job because he was accused of sexually abusing a female inmate while under his care. The plaintiff is suing because she feels that the detention center is liable for the actions of Mr. Herrera.
Common laws provide a resolution for courts if the similar case is presented in the future, making sure they have the same outcome. An example of a common law case is Flagiello v. Pennsylvania Hospital, 208 A.2d 193 (Pa1965). In this case, Flagiello was a patient that sued a hospital in Pennsylvania because she hurt herself on hospital property. The hospital said the injury was not related to the original purpose of admission. Her case was dismissed because the common law stated that hospitals, which are charitable institutions, could not be sued for negligence.
The officers then processed the capsules and found them to be morphine. Upon their findings the officers submitted the capsules as evidence in Rochin's case, where he was found guilty of violating Claifornia's Health and Safety Code of having an unlawful posession of morphine. Now the issue arises can law enforcement forcibly extract evidence from one's body? Rochin was found guilty, and later appealed his case stating that his rights were protected under the Fourth and Fourteenth Amendments of the Constitutuion. He argued that forced stomach pumping was self incrimination and that the evidence should have been inadmissable in
Whether the appeal concerns the judgment or a judge’s behavior an appeals court reviews what happened in the proceedings of the trial and looks for any errors that may have occurred. If the appeals court finds any errors that contributed to the court’s decision, the court will reverse the decision. In this case the judge was completely rude and threw insults at Schmidt. Federal and state constitutions require a fair, impartial trials and this judge was not impartial to Schmidt at all. Because of his conduct he did not provide her a fair trial in her custody petition.
The film Gone Baby Gone raises many deep moral questions surrounding our morality and our ability to make decisions based on ethics. The film, directed by Ben Affleck, centers around the investigation led by the police and two private investigators looking for an abducted girl. The girl’s family is distressed, although their ability to take care of the girl is questionable. It is made obvious that her mother has addictions to various drugs, and that her and her boyfriend owe money to a drug lord. We learn the backstory of a head of police; his daughter was also abducted and killed many years ago.
The tapes from the conversations were entered into the trial as evidence. Procedural History: Under the Fourth Amendment, the petitioner had decided to move so that the evidence could be suppressed but the trial denied this action. The petitioner then appealed the decision to the Court of Appeals. The Court of Appeals supported the conviction and believed that the evidence was admissible because there was no physical entrance into the petitioner’s home. Issue: What does the Fourth Amendment protect?
To show this, the plaintiff claimed that because the defendant knew the plaintiff was Caruso’s next of kin; a duty to the plaintiff was therefore formed. The defendant filed a motion to strike the negligence claim on the grounds that it failed to state a cognizable legal duty and failed to allege facts to support a claim of intentional infliction of emotional distress. (More Law) They also argued that the alleged facts did not show negligence on their part. They instead felt the plaintiff’s allegations of negligence, in its view, were fatally flawed because they failed to establish the existence of any legal relationship that would have imposed on the defendant a duty of care to the plaintiff. (More Law) In Del Core’s view, she felt the defendant’s untimely manner in informing her of her brother’s death would foreseeably hinder her from making proper arrangements for her brother’s burial.
Article and Case Law Search Nephia Stevens HCS/430 December 06, 2012 Aaron L. Love Article and Case Law Search Critical regulatory issue specific to institutional health care relates to sources, nature, and functions of the law on many different aspects and levels. Ethics and morality often finds a way of pecking its head through the doors of life. Asking the question what would you do in such cases that may or may not occur within the profession? An article of a doctor and two of his nurses admitting guilt of killing four critically ill cancer patients at the Memorial Medical Center in New Orleans during Hurricane Katrina shows the laws of ethics and moral along with federal or state violations. A critical