1. Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the U.S. Supreme Court subsequently rules that the statute conflicts with the First Amendment of the U.S. Constitution, the statute is void. TRUE 2. Sandra sued her employer, Cape Inc., claiming that she was sexually harassed on the job.
Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior. Laws are also associated with a series of consequences for the individual and parties involved and on the flip side justice. Laws in essence make matters fair. Laws play an important role in maintaining and sustaining order in society and establish regulations in business. Although citizens must by law follow the law does not necessarily mean that the citizen’s belief system supports the legal system.
One of the most controversial cases was the Cipollone v Liggett Group. The Cipollone estate sued Liggett Group, a cigarette manufacturing company, because they concealed or misrepresented the dangers of cigarette smoking. Rose Cipollone started smoking in 1942 and switched brands because of Liggett’s advertising that their brand was safer than the others because of its “low tar” cigarette. After her death in 1984 from lung cancer her estate filed a lawsuit against the Liggett Group. The 3rd Court of Appeals ruled that suing the cigarette manufacturers was preempted because of the 1965 federal Cigarette Labeling and Advertising Act and the Public Health Cigarette Act of 1969, which bans smokers and the families of smokers from suing cigarette companies on the basis of state tort laws.
Assignment 3: Constitutional Rights Korb v. Raytheon, 707 F.Supp. 63 (DMass. 1989) Facts, Issues, & Rule Lawrence Korb, (plaintiff) a Pennsylvania resident, originally brought this suit against the Raytheon Corporation, (defendant) a Delaware corporation with its principal place of business in Massachusetts. The complaint alleged, in the Middle-sex Superior Court, that Mr. Korb's employment by Raytheon was terminated wrongfully because of the exercise by plaintiff of his right of free speech protected by the First Amendment to the United States Constitution and by Article XVI of the Massachusetts Declaration of Rights (Korb v. Raytheon, 1989). “Mr.
Evidence disclosed that the excavation was not properly shored and sloped and that it violated general safety standards. Pugh’s parents and estate brought a wrongful death action against Butler. Is Butler liable? Pugh v.Butler Telephone Company, Inc., 512So.2d 1317, 1987 Ala. Lexis 4468 (Ala.) Pugh’s parents and estate brought a wrongful death action against Butler. Is Butler liable?
In the end he says that in order to have a balanced government the majority must agree on justice. The historical significance of this article is, during this time if no separation of powers or checks and balances were enforced the government would have collapsed. If the powers were not limited; with time a certain person would end democracy and bring forth once again a tyranny government. It is also important that the government was equal yet had power to control its people because if not there would be no type of
This Act provides a limited waiver of the federal government’s (or in this case the USPS) sovereign immunity when the employees are negligent within the scope of their employment. Barbara Dolan appealed the case to the United States Supreme Court and they held the judgment of the District Court. Dolan argued that section 2680(b) does not include the exception for the negligent delivery or placing of the mail. The Supreme Court stated that the accident was incidental to the postal worker placing the mail on her doorstep, and without knowing how the mail is retrieved by the third party; Dolan’s accident was merely incidental and unavoidable, therefore holding the judgment of the District Court to dismiss the case. Dolan v. United States Postal Service is a case that may have substantial effects on both the Federal government and on all people that collect mail in the United States.
People feel much safer after justice is served. The feel of protection by the removal of the non-conformer will leave the citizens at ease. Large and small businesses need laws to keep their organization under control and prevent disruption. Laws are designed to protect the companies from lawsuits from their customers, suppliers, and vendors. “Commercial law, also known as business law, is the body of law that applies to the rights,
(Melvin, 2011). In the case of Cipollone v. Liggett Group, according to Melvin (2011) Cipollone filed suit against Liggett for "violation of several New Jersey protection statues that alleged that Liggett (also other manufacturers of cigarettes) were liable for the death of their mother due to false advertising, and misrepresenting the true hazards of smoking. The function and
Gonzales v. Raich The case was about a patient who used marijuana for medical purposes that was recommended by her physician. In the state of California under their laws it’s permitted. California passed an act called the Compassionate Use Act of 1996 which permits people who live in California may use marijuana for medical purposes; Raich claimed that Gonzales and the courts violated the control substance law when the local police the DEA and the FBI raided her home and destroyed her plants so Ms. Raich hired an attorney and sued Gonzales as well as the Administrators of Drug Enforcement Administrations; however the appellate court found that the patient did not demonstrate that she would likely succeed in obtaining injunctive relief. The United States District Court for the Northern District of California denied plaintiff’s motion for a preliminary injunction but the plaintiffs appealed the decision. The Courts of Appeals which was vacated and the case were remanded for further proceedings.