The Legal Foundations Of The State Case

The Legal Foundations Of The State Case
1. Introduction In Jurisdictional Immunities of the State case (Germany v. Italy); the main question
issue is whether Germany is entitled to state immunity cover actions which violate serious crimes
before the Italian courts. The legal foundations of the Italy's arguments are related to Jus cogens
which always prevail over other rules of international law. However, the International Court of
Justice (ICJ) states that Italy violated German immunity and the decisions of its courts against
Germany were null. This essay, firstly, examines the court's decision as well as its reasoning. Next,
the legal foundations of Italy's arguments in support of jus cogens will be explained. Third section
will analyses challenges as well as effects of both ... Show more content on Helpwriting.net ...
For example, the Nations Convention on Jurisdictional Immunities of States and Their Property ,
European Convention on State Immunity and State Immunity Act 1978. The core principle of
immunity can reflect the state equality concept. According to customary law and Article 1 of the
Nations Convention on Jurisdictional Immunities of States and Their Property: "The present
Convention applies to the immunity of a State and its property from the jurisdiction of the courts of
another State." This can be interpreted that states will be protected from being held responsibility
before another foreign municipal court. It, moreover, implies that this principle supports diplomatic
means such as negotiation rather than judicial means. Immunity principle has changed from an
absolute to restrictive approach. At the beginning, state sovereignty was supreme, so absolute
immunity could be applied. When states began to have commercial interests, immunity was granted
only for jure imperii gorvenment acts, but excluded jure gestionis commercial activity. Today
restrictive immunity is generally accepted. The United Nations Convention on Jurisdictional
Immunities of States and Their Property also guarantees that state immunity is limited in Part III,
Proceeding in which a state cannot be invoked. For example, with commercial
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Family Legal Case Analysis
Introducing a Panel of Ingenious Family Law Attorneys at DAVIS FAAS BLASE Arizona, US, Dec.
16, 2016 DAVIS FAAS BLASE is a team of attorneys, who have the expertise in dealing with
different family law cases, civil litigation, and bankruptcy. Our entire focus is on confronting with
all the levels of the legal challenges so that you will get the clear way and lead a happy life. Not a
single person wants to include the "law" word in their lives, right! But, sooner or later, they have to
face this aspect. We at http://www.dfblawyers.com/, are a dedicated group of the lawyers who won't
leave you alone and help you to come out of any adverse legal issue related to the family concerns.
We lend you a hand in taking any decision through the "efficient ... Show more content on
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It is a panel that embraces the individuals of diverse profiles and backgrounds. But, we are proud to
work conjointly together and solve all your issues related to any family cases. Each member of our
group is committed towards finding the most approachable and productive avenue to reach an
ethical and right verdict. We pay the "individual attention" to our each client so that they will more
comfortable with us and express their words frankly. In the nutshell, we work for you "With One
Voice" solely for your betterment. Our Core Pillars of the Family Law  Divorce: It is the worst
feeling in the life. Being separated from the spouse will leave you an individual emotionally broken.
We will support you emotionally and legally, and help you to get out of this chaos fast and following
the right path.  Child Custody: This is the most frustrating situation after the divorce. We will
assist you in dealing such annoyed circumstances and acquire the right justice so that the child will
get the proper love and care.  Mediation: If you don't want the court involvement, we will solve
your dispute through our "mediation" alternative. We listen to the both parties carefully and our
mediator will give you the right advice that will satisfy both the

Example Of A Legal Case Study
Margaret Reid Attorney for Plaintiff 800 Jones Branch Ave. Manassas, VA 20116 (708) 619–4345
www.margosreid.com margoD@reid.com To: Jane Smart, Esq. From: Donna Nasser, Paralegal
Date: July 27, 2015 Re: Mrs. Hatter vs. Foods Deluxe DISCOVERY The plaintiff, Mrs. Hatter, by
and through her counsel, Margaret Reid, and pursuant to Rule 34 requests the defendant, Foods
Deluxe, respond to the following interrogatories, requests for admission, and requests for
documents. Interrogatories: 1. State the name of the person or persons answering these
interrogatories. 2. What was the approximate location of each of the above at the time of the
incident? 3. Who was the manager on the day shift during the incident? 4. Who was the employee
working at the

Legal Case Study
Assume it is now July 2017, what legal advice would you provide to both Rose and Dennis? Dennis
has purchased an old building in which Rose, a long–standing friend has asked to lease this building
from Dennis, with the intentions to run a florist business. Dennis agrees to this proposal and a
written signed leased agreement was prepared and signed by both parties involved. A fee was agreed
that Rose would pay Dennis $2,000 a month in rent. Further down the track rose beings to struggle
with cash flow and profit and requests Dennis to reduce to rent to $1,000. This lesser rent was
agreed through a handshake and no formal written agreement was written down on paper. Dennis
approaches Rose further down the track requesting for the rent to ... Show more content on
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There are several guarantees under the ACL, however the applicable ones to Con's case are the
following (Commonwealth Consolidated Acts, 2010). Guarantee that goods correspond with
description s56 Guarantee that goods are of acceptable quality s54 Guarantee that goods are
reasonably fit for purpose for which goods of that kind are commonly supplied s55 As Con had not
previously dealt with Liberty Furniture, or seen any demonstration models, Con cannot claim the
Guarantee in s57 (goods match their sample) The quality of the product was not up to Con's
standards. After just a limited usage of 2 weeks the furniture began to break. The guarantee in s54
states that goods must be of acceptable quality, in which fit for all purposes for which goods of that
kind are commonly supplied; acceptable in appearance and finish; free from defects; and durable.
Con can also claim the s55 guarantee in which he should receive goods that are fit for purpose.
Goods that fail to work or break within a two–week period are not considered fit for purpose thus
liberty furniture has breached this guarantee. The final guarantee Con can claim is s56. This is
where the good supplied do not match those of what was described. It was described that they were
to receive "commercial grade, long lasting furniture" however

The Case Of The Legal Rights
The following case study presents issues related to the legal rights afforded the accused and the
reasons those rights are provided to all individuals under our system of criminal justice.
John Doe is an individual that left his country in an effort to make a better life for himself. However,
he does not have legal status in America and was recently arrested for shoplifting, which was valued
over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to
the arresting officers. At the police station, detectives conducted an interview of John asking him
about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe's family
still resides in his home country. Due to the amount of ... Show more content on Helpwriting.net ...
When John started to utter the self–incriminating statements in front of the police officers he was
not under any force to make the self–incriminating statements. For example, the Court ruled that
when a defendant makes an un–Mirandized incriminating statement followed by a later Mirandized
confession, the subsequent confession should not be excluded from trial (see Oregon v. Elstad, 470
U.S. 298 [1985]). The un–Miranda situation was completely legal by the police officers due to the
factor that John wasn't being interviewed in the patrol car and at the time of arrest. It is believed by
society that the Police must advise Miranda warnings at the time of the arrest. To advise a person of
the Miranda warnings there must be a requirement which is "when a person is placed in custody
which then deprives of his/her freedom in any significant way, the police must advise by given a
Miranda warning prior to interrogation of the suspect. (Police Questioning: When Miranda
Warnings Are Required, 2010)." The requirement for Miranda warning is custody with interrogation
"voluntary statements are not subject to Miranda warnings, so an officer need not stop a suspect
from making incriminating voluntary statements." If the police officers were conducting an
interrogation during the time of arrest to include in the patrol car then the situation would have
changed requiring the

Case: Legal Culpability
Currently, there is a lawsuit pending in Vigo Superior Court which is alleging that negligence by a
property owner contributed to the death of three people. These deaths were a result of a fire which
engulfed a rental property. The lawsuit claims that both the property owner and the property agent
had failed to ensure that there were functional smoke detectors installed within the home. This home
was occupied by Kayla Lewis, her daughter Gabrielle, and her stepbrother Jeremiah. Gabrielle age
2, was pronounced dead at the scene amongst the early morning fire at the home. Jeremiah age 5,
was transported from the scene but later died at the hospital. Gabrielle's sister Chloe age 3, and her
mother Kayla were both hospitalized due to injuries sustained in the fire. Kayla made it to the
hospital, but later died. In response to this incredible tragedy, surviving family members John &
Michelle Lewis, Mark Dupin, and Brian Cunningham filed a lawsuit. According to the Fire Chief
who had responded to the scene, on the night of the fire there were no working smoke detectors
within the home. In the lawsuit, it was claimed that the landlord had an obligation to ensure that
smoke detectors were not only installed in the home, but also were installed in the appropriate areas
of the home. It also claimed a responsibility of the landlord to have installed these smoke detectors
in the appropriate areas, coinciding with the time at which the property's lease was signed.
Specifically, the

legal case Essay
MEMORANDUM
INTRODUCTION
You have asked me to determine whether our client Diana Lewis committed unauthorized practice
of law by providing her services. I have done research on statutes and cases. This memorandum will
address the issue of this case, California Bar's claim, and Ms. Lewis's possible defense.
STATEMENT OF FACTS
In May 2001, Diana Lewis earned her Associate of Art degree and Paralegal Certificate from City
College of San Francisco. In June 2001, Ms. Lewis opened her business to prepare legal paperwork
for clients involved in uncontested divorces. She advertises her business in the Daily Journal and the
Recorder. She charges no more than $75 for the complete ... Show more content on Helpwriting.net
...
She works as an independent legal document assistant. The issue is whether she provided advice
about possible legal rights, defense, strategies, etc.
In the People v. Landlords Professional Services, 215 Cal. App. 3d 1599; 264 Cal. Rptr. 548, the
court held that when a non–attorney consults his or her clients individually and presents himself or
herself with expertise concerning certain legal problem, he or she is engaged in unauthorized
practice of law. The court's reason for affirming conviction against LPS is that the company
provided specific information to its clients concerning eviction procedure in the context of personal
interviews where it was able to provide additional information and advice addressed to the specific
problems and concerns of its clients, who were likely to rely on its advice, perhaps to their serious
detriment. This case is similar to Diana Lewis's case in that both Ms. Lewis and LPS's
representatives are not authorized to practice law. Both cases have the same issue of definition of
practice of law. They both provided legal document service. The difference is that LPS held
individual interviews with its clients and gave specific advice, whereas Ms. Lewis held conference
with her clients. However, Ms. Lewis did discuss with her clients before the court hearing. State Bar
could argue it is possible for Ms. Lewis to provide additional advice concerning specific problems if
her clients. Yet at

Orange County Legal Case
Although known with massive residential area areas and diverse traveler destinations, Orange
County is quick turning into a promising place for business activities. In fact, a lot of and a lot of
firms and corporations square measure being established in varied localities to control and to
produce their services and product. However, this development upsurge additionally caused a
growth in variety of cases involving business disputes and alternative violations of the Golden State
Labor Code. Hence, this state of affairs leads to the requirement of fine Orange County business law
attorneys WHO will facilitate the aggrieved parties get justice and appropriate compensations. There
square measure 2 ways that to pursue a lawsuit; one is to file a case in court through legal
proceeding and also the alternative is to enter into different dispute resolutions. These 2 legal
procedures aim to resolve a controversial issue between 2 or a lot of parties. In most cases, business
entities in Orange County WHO are ... Show more content on Helpwriting.net ...
In Orange County, business litigators usually charge their shoppers thousands of greenbacks as their
minimum fee. To add, any delays in legal proceeding would mean larger legal fees. These delays
happen for several reasons like inaccessibility of courtrooms. Litigation might necessitate long
amount – As the general public understand it, time is unquestionably vital. Disbursement longer
following a proceeding would mean massive opportunities or productivity being lost. Sadly, several
firms that engaged in business legal proceeding have to be compelled to modify their cases for many
weeks to even months or years. More sadly, several court choices don't seem to be enough to hide
the damages incurred by the affected

Legal Case Study: The Case Of Jodi Arias
There were many cases I found interesting. However, I did not want to speak about a case involving
children because I was worried I might appear bias. I also did not want to pick a case previously
spoken about in class, such as Andrea Yates. I decided to pick Jodi Arias. Not only is the case about
adults, it is saucy.
The Case This case revolves around the relationship between Jodi and Travis Alexander. The two
had a on and off again relationship lasting between one to two years. Travis who was a part of the
Mormon religion, appeared to be often torn by wanting to lead a life according to his religion, and
his lustful temptations, which he full filled with his relationship with Jodi. Ultimately when Travis
tried to have a final break ... Show more content on Helpwriting.net ...
The expert witness that was reviewing the first psychologist outcomes, also did not agree with Jodi
having PTSD. The second psychologist also spoke about how Jodi's memory loss was not consistent
with PTSD. Memory loss can occur with PTSD. However, memory loss is in small increments and
not for hours, such as with Jodi, unless Jodi had a brain injury or drug intoxication, and Jodi did not.
In my opinion, I am not sure Jodi had Borderline either. The reason she I feel uncertain is because
Jodi did not display Borderline behavior in her other relationships, except for with Travis. There was
also a sense of immaturity and finding a way to adapt to her relationship to be what the person
wanted. Jodi did display up and down emotions, and hyper–sexuality, which could be also
symptoms of Bipolar. I think she had a narcissistic injury from Travis's rejection. Many of the
interviews reported Jodi often got her way in life, especially with

Medical-Legal Case Study
The status of this case is that we are awaiting the applicant to undergo an EMG of the upper
extremity as recommended by the Panel Qualified Medical Evaluator, Dr. Stephan Choi, in his
evaluation report dated December 14, 2016. Please recall, Dr. Choi requested an EMG of the right
upper extremity so he can rule out possible carpal tunnel release. He opined if the EMG of the right
upper extremity were to come back normal, the applicant would be deemed permanent and
stationary.
However, since the applicant's last evaluation with Dr. Choi, the applicant's attorney was having a
tough time finding the applicant a primary treating physician. We provided our Medical Provider
Network link to applicant's attorney's office, but they have been delaying in ... Show more content
on Helpwriting.net ...
At this time, our office has been corresponding with applicant's attorney's office to resolve this
issue.
Meanwhile, I believe we do not need to procure an EMG of the upper extremity through the request
of the primary treating physician. As you know, this is a medical–legal diagnostic request for the
purpose of a medical–legal determination. Therefore, we do not need to go through the utilization
review process. In this instance where we are having a tough time finding a primary treating
physician for the applicant, I recommend we simply authorize a facility to perform the EMG of the
right upper extremity.
Personally, I would recommend Dr. Frank Cantrell, who is a well–known physician in Fresno in the
field of neurology. I have seen many EMG/NCV studies from his office. I also confirmed Dr.
Cantrell is within our MPN. Therefore, it is my recommendation we send an authorization to Dr.
Cantrell for the sole purpose of obtaining an EMG of the right upper extremity as requested by Dr.
Choi, so we can move forward with this

Legal Case Management Case Study
Meta Description Legal case management for legal aid offices presents special challenges. See how
Legal Files can meet them all to save time and money. Legal Files Provides Legal Case
Management to Legal Services of Connecticut Providers of legal aid services need effective case
management solutions Legal aid offices are different from other law offices, and they need
specialized case management solutions to meet their needs. For example, legal aid providers must
perform client income eligibility determinations, while also collaborating with offices around the
state. Legal Services of Connecticut faced these challenges, and it selected Legal Files to help
overcome them. Legal Services of Connecticut had several legal case management challenges The
Legal Services Programs in Connecticut are comprised of four nonprofit organizations that provide
free legal assistance in civil matters. The programs are tailored to ... Show more content on
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According to Kathy Daniels, IT Administrator for the Connecticut programs, "We spent over a year
looking at case management programs. We wanted something that took legal services needs into
consideration and that would give us a robust, but user–friendly product." Legal Files Enterprise
provides the case management and eligibility/intake features that Legal Services of Connecticut was
seeking. "In Connecticut, we have an LSC funded statewide telephone intake office and nine other
offices serving the entire state," Daniels said. "That meant that a case management program had to
handle everything from a basic legal services intake to a large litigation case. Not only does Legal
Files do that, but it also has a good eligibility module and the ability to transfer cases between our
offices with just the click of the

Legal Case Study Essay
Legal Case Study Susan L Groover Walden University Legal Case Study Examine the implications
of health law for nurses, ethical principles, and decision making when faced with the potential for
medical error is part of the nurse's daily activity when caring for patients. Each state has a Board of
Nursing governing the practice of nurses. The board of nursing specifies through codes, titles,
articles, and definitions how the licensed registered nurses can legally practice. The case study
"Where Did This Patient's Intravenous (IV) Therapy Go Awry?" is the study being addressed in the
paper. Error The nurse in this case chose to perform a nursing procedure without a physician's order.
The nurse felt she had no ... Show more content on Helpwriting.net ...
Then forgetting to pass along the information to the physician and the staff. Standard 4.2 requires
nurses to take responsibility for their actions. The case study does not state how the nurse reacted to
her actions. Nurses are to take responsibility for their action every shift. The taking of responsibility
for starting an IV in the foot without an order and then forgot to pass along the incident in report is a
not taking responsibility for her actions. The other nurses caring for Mrs, Smoltz did not do a
complete assessment and was not responsible in their nursing practice as well. If the nurses caring
for Mrs. Smotlz had done a complete assessment, they would have seen the injection site, redness,
and swelling in the patient's right leg only. Ethical standard 4.3 states "individual nurses are
responsible for assessing their own competence". If a nurse is over worked, short staffed, and
uneducated to the nursing guidelines and policies of the hospital, the nurse is not stopping to
assessing their abilities and they are liable for their performance. The nurse's failure to adhere to the
ethical standards placed the patient in danger. Had the nurse not performed the IV insertion into the
patient's right foot, the patient's probability of surviving pulmonary embolisms related to the deep
vein thrombosis in the right popliteal and femoral veins would be high. The nurse practice act is to
protect and assist nurses in their daily practice. This

Amish Legal Case Study
In the case regarding the Amish community, a court case against Amish parents (Wisconsin v.
Yoder), the Amish parents used the First Amendment under the free exercise clause to protect their
religious belief that children do not need a "formal high school education beyond eighth grade"
(Fossey and Eckes, 2015, p. 73). Or the case regarding Locke v Davey, in which the argument was
about scholarship money could not be used for ministry program. The supreme courts decided that it
did not violate the free exercise clause of the first amendment and left it for the discretion of the
state. In the case of gay rights coalition of Georgetown University law center v. Georgetown
University. Apparently, this student organization (LGBT) wanted to exercise

Ethical And Legal Case Study
Ethical & Legal Issues in Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008)
School counselors are responsible for abiding by the ethical standards. The ethical standards should
be known by school counselor educators as well as taught to students (ASCA, 2010). According to
the American School Counseling Association (ASCA; 2010), "professional school counselors are
advocates, leaders, collaborators and consultants who create opportunities for equity in access and
success in educational opportunities by connecting their programs to the mission of schools and
subscribing to professional responsibility" (p. 1). Ethical standards and laws are both "based on
generally accepted norms, beliefs, customs, and values" (Linde, 2015, pp. 147–148). While school
counselors are to respect the personal beliefs of their clients under the ethical standards (Linde,
2015), they also need to abide by the law due to the law "carrying greater sanctions or penalties for
failure to comply" (Linde, 2015, p. 148). The ethical standards and laws are to "ensure the best
interest of the client" (Linder, 2015, p. 148).
Ethical and Legal Issues of Woodlock v. Orange Ulster B.O.C.E.S. (2006/2008) ... Show more
content on Helpwriting.net ...
Orange Ulster B.O.C.E.S. (2006/2008) presents some of the ASCA Ethical Standards (2010) such as
(A.1.) Responsibilities to Students; (A.7.) Danger to Self or Others; (D.1.) Responsibilities to
School; and (E.2.) Multicultural and Social Justice Advocacy and Leadership. N.W. attempted to do
what was best for their students in order to obtain academic success. Woodlock believed that their
First Amendment rights were violated due to providing their concerns with other professionals in
hopes to improve the situation. N.W. focused on the ethical standards to ensure the students and
school received protection and an

Legal Case Study: Legal Obligation
a. I think there should be 3 situations to solve. 1) there is a legal obligation to use reasonable care.
Michael has a legal obligation to protect others from harm. This also includes the legal
responsibility of the Ed. Michael should have been aware of the existence of Ed, should not be
dismissed without the first position. Meet the first requirement. (2) failing to perform the duties.
Michael quickly fired his rifle into the bushes, but did not determine whether the Ed and the deer
had caused the movement. It appears that Michael did not take the necessary precautions to protect
Ed from harm. Meet second requirements. (3) damage or damage to the claimant. This request is
met because of Ed's injury. b. Under the principle of joint negligence,

Legal Case Summary
In the case scenario presented by Professor Wilikins (2018) ask, "A police officer hears a rumor that
Dave is selling illegal drugs out of his house. One day while patrolling the neighborhood, the officer
sees Dave walking down the street. The officer approaches Dave and tells him he is worried about
him and asks permission to search his house. Dave asks the officer if he must allow him to search
his house. The officer responds by telling Dave that if he doesn't, he will go attempt to get a search
warrant. Based on this, Dave consents to allow the police officer to search his house, and the officer
finds over one hundred baggies of drugs." The first question is, "Did the officer violate any of
Dave's constructional rights? The according to the Legal Information Institute (2017) the Fourth
Amendments says, "The right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but
upon probable cause, ... Show more content on Helpwriting.net ...
It was up to Dave to know his rights and not let the search be allowed, knowing that the officer
would search his home and find illegal drugs. The drugs in this case would be admissible in the
criminal case against him. Due do the consent Dave gave to the officer. Therefore, the officer did his
job by asking. Was the officer misleading by the way he worded his concerns to Dave? Some would
say yes, because full disclosure of his concerns was not established. Dave did not have to give
consent. Dave could have requested that the officer in question returned with a search warrant. In
doing so this may have given Dave enough time to destroy possible evidence which would allowed
the officer to proceed with a search anyway. This would apply under the exclusionary rule. Either
way the officer was not at fault and the evidence in my opinion would be admissible in criminal

Abortion: A Legal Case Study
Women should have the right to make decisions regarding their own reproduction system. There are
many motives in why a women get abortions some include: rape, teen pregnancy, or health reasons.
Regardless on what their cause may be, abortion should not be despised. Women should have the
freedom to do what their mind and heart tells them to do.
Freedom is a term used frequently in America, it means being able to speak, think or do without any
kind of restriction. Politicians are trying to take that rights away from women who have freedom.
Roe v. Wade, was a supreme court case that legalized abortion in the United States. The trial began
in 1971, when a women named Norma McCorvey, known as Jane ROE, wanted to legalized
abortion throughout the country. Although it was legal under certain circumstance, for instance, to
save a women's life, if pregnancy ... Show more content on Helpwriting.net ...
They should not have to suffer because the government, mostly men, wants to interfere with their
decision making. Pro–choice believers, like myself, support the idea of privacy. A man shouldn't
have the right to tell a woman what she can or cannot do with her body, let alone someone who
doesn't have to deal with the consequences. The American Civil Liberties Union, protects peoples'
Constitutional rights. It states, "The ACLU holds that every woman, as a matter of her right to the
enjoyment of life, liberty, and privacy, should be free to determine whether and when to bear
children" (The American Civil Liberties Union). If this proposal is taken from women, do you think
women will actually eliminate this as an option. Yes, it poses a huge barrier but women can find
alternatives. Before abortion became legal in 1973, women who wanted abortions was not reduce. In
fact, thousands of women suffered from extreme medical conditions or even died. This due to self
attempt to abort or untrained doctors who preformed cheap and unsanitary

The Case Of The American Legal System
The question "what is law?," is important to understand law and to the extent to which particular
institutions have been accorded power to "make" or "pronounce" law. It is important for lawyers,
policymakers, politicians and those working in the field of social science academia to understand
that the meaning and the scope of law exceeds the basic premises of assumption that law is what the
legislature passes as a statute, or law is what a court applies, etc. because that is the way our political
order is constructed, etc. Since laws takes various forms, a legal system is needed to interpret and
enforce the law in the society through the procedures or process from the systematic nature of law
and the examination of the presuppositions and ... Show more content on Helpwriting.net ...
Madison exemplifies that understanding . Since the US legal system is based on federalism. The
Tenth Amendment of the U.S constitution shift the power and legal authority away from the states
and towards the federal government. The federal government gains more power over the state but
there is a certain jurisdiction of boundaries that the federal can exercise their power over the state.
The law deals with the fundamental principles by which the federal government exercises its
authority. In the American constitutional system, the authority of government is defined, limited,
and distributed by the fundamental law of the United States Constitution. The U.S constitution is a
body of written basic law and is superior to and takes precedence over all ordinary acts of Congress
and state legislatures and over all decision and actions of the executive branches of the national and
state government. That 's why it divides the national government into three branches–legislative,
executive and judicial. This will separate the power of the branches of the government and at the
same time check and balances the actions of other branches. Constitution law is most often
associated with fundamental rights like equal protection, the right to bear arms, freedom of religion

Anthony Liker Legal Case
The legal system is complicated and intimidating, and many legal problems have serious, long–term
consequences. When you need an experienced professional to represent you, turn to Attorney Tony
Liker, a Las Vegas–based lawyer with an impressive track record of success. Whether you're going
through a divorce or you've been hurt in an auto accident, you can rely on him to aggressively
pursue your case and work hard to win for you.
He offers legal services in a broad array of practice areas, from adoption law to criminal defense.
Call on Attorney Tony Liker for high–quality representation if you're:
Getting Divorced
Facing Criminal Charges
Dealing With Child Custody Issues
Accused Of A DUI
Working Through Paternity Issues
As a former prosecutor

Legal Submission of Case in Ireland
Essentially, the case in question is one of criminal liability. However, the issues that must be
addressed are that involving the law of evidence in Ireland. There are many legal issues at play
throughout this case that must be addressed in detail. This submission will outline the law, as it
stands to date, in relation to child witnesses, the presumption of innocence, corroboration and
witness competence. It is essential that the law on each of these issues be analysed and interpreted
correctly as Dan's criminal liability hangs in the balance. It is submitted that the trial judge in this
case appears to have erred in his judgement and these mistakes will be outlined below. Throughout
this submission, the law will then be applied in order to correctly advise Dan in relation to his
options and liability.
Part 1
Traditionally, children's evidence was treated as "suspect" and the judge in such a case was obliged
to give a corroboration warning to the jury. The Supreme Court established this requirement in the
case of People v Casey , when Kingsmill Moore J held that in cases completely or partially
dependent on visual identification evidence, the trial judge should give a general warning to the jury.
Kingsmill Moore J stated that the unsworn evidence "of children of tender ... shall not be sufficient
to convict of an offence, unless corroborated by other material evidence implicating the accused"
This point was further established in the case of DPP v O'Reilly. It was also

Legal Obligations Case Study
Legal Obligations As government employees working in a public school, the teacher, school
counselor, and principal in this case study are obligated to follow the law, as a condition of their
employment contracts. Delaware Code Online (n.d.) Title 16, Chapter 9 states, "Any person, agency,
organization or entity who knows or in good faith suspects child abuse or neglect shall make a
report" (section 903). According to this law the term any person includes school employee.
Delaware Code Online (n.d.) Title 16, Chapter 9 states, "An immediate oral report shall be made by
telephone" (section 904). The Red Clay School District's policy on child abuse and neglect requires
mandatory reporting in cases of suspicions of physical abuse, sexual abuse or neglect of a child. Red
Clay Consolidated School District (2015) states, "the District is required to report any reasonable
suspicion of physical or sexual abuse of a child, or neglect of a child, to the DFS Child Abuse and
Neglect Report Line at 1–800–292–9582. The police may also be contacted" (para. 7). In
accordance with the law and school district policy, Mrs. Keller, as Savannah Wilson's teacher, was
right to bring her suspicions of child abuse to the attention of Ms. Tress, the school counselor. Ms.
Tress also did ... Show more content on Helpwriting.net ...
If Savannah Wilson has truly been abused by her step–father, then she can only benefit from the
outcome of the CPS investigate if CPS is allowed to do its job. The legal demands on the school are
reasonable. Emotionally, the demands on school staff are great. It is regrettable that CPS is
understaffed and inefficient. However, this agency must be allowed to conduct its own investigate
once the school has filed a report of suspected child abuse. Legally the school benefits by delegating
responsibility to CPS to investigate the incident in question. Ethically, the school employees should
continue to monitor this situation and report any pertinent information in this case to CPS or the

Abc Legal Case
We all have occasion to disagree with others either at work, in friendships or other social and
community interactions, but most of the time, we are able to resolve these disagreements, if not
completely amicably, at least to the extent that we can still associate with the person or persons
involved. Sadly, this is often not what happens in family disputes, which can quickly escalate into
open warfare with neither side wanting to give ground. If you or someone you know is in an
untenable position in a family dispute, the best option is to seek legal advice as quickly as possible.
Many people lose out in these situations because the emotional entanglements are more difficult to
deal with than the legal ones. They become angry, hurt and frustrated ... Show more content on
Helpwriting.net ...
I wasn't prepared to back down either, as there was valuable property involved, so I contacted ABC
Legal. They were recommended by a friend, and honestly, I don't think I would be where I am now
without their efforts at mediation. We finally came to an agreement without going to court, and we
have both moved on," said Tansy V. There are many occasions where mediation is not welcome and
it is in these situations where ABC Legal is absolutely outstanding in their knowledge of family law.
From de–facto relationship issues to financial agreements and matrimonial property settlements,
often involving substantial assets held in complex company and trust arrangements, ABC Legal has
the skills and professionalism necessary to prepare their clients' for the Family Court hearings. "My
wife and I started our business from scratch 25 years ago, but as it became more successful, we
started having personal problems. By the time we accepted that the relationship was beyond repair,
we had two business ventures employing 35 people, several investment properties, a swag of share
holdings and other assets. ABC Legal represented me in Court and I walked away with what was
fair and reasonable. I think without their expertise, it could have been much worse," said Vernon

Legal Issues In Lago: A Legal Case Study
 Legal issues create complications and stress in the lives of not only the accused but also the entire
family. It is an expensive affair and can ruin not only the reputation and image but also the
confidence of the person. There are many law firms that the accused can contact for arguing the
case. The criminal lawyers in Largo are well experienced, knowledgeable and very aggressive in
their approach to ensure that the accused gets the protection and the rights they are entitled to.
 No two criminal cases are similar and laws vary based on each case. It is very unlikely that an
accused can fight their own case in spite of being educated or having knowledge of the rules. The
officers could implicate the offender in many ways and without experienced lawyers help the
offender could find ... Show more content on Helpwriting.net ...
The accused is charged of physically harming or trying to harm a person o Possession of drugs or
narcotics: It is a very serious offense and carries long imprisonment. It is better to hire the services
of criminal lawyers in Largo. o DUI. Driving under intoxication (DUI) again is a serious offence
and may lead to the accused losing their driving license in addition to penalties and jail term.
 There are many more cases like prostitution, robbery, arson, DNA evidence, felonies, traffic
violations that require the services of lawyers. The lawyers first try to get details of the charges their
clients have been accused of. They look to gather evidence, study and review the evidence, examine
and question witnesses, look for all possible loopholes, consult their co lawyers and seniors and then
prepare for the case trial.
 The criminal lawyers in Largo do not back out of a case even if all the evidences point towards
the accused. They plead for the minimum of sentence or try to get the case dropped if the police are
unable to prove their charges.
 How to choose a

Relevant Legal Case Study
Relevant Legal Issues Consent and Guardianship In order for Megan to have valid consent, four
elements must be considered. Firstly, it must be voluntary, meaning consent must be given freely
without persuasion or threatening influence (Forrester & Griffiths, 2010). Consent is only valid for
the procedure that Megan has consented too. No other procedures may be carried out (Sheilds,
2010). Megan must be informed of the material and significant risks associated with the treatment
for consent to be valid (Sheilds, 2010). Lastly the patient must have legal capacity, that is; having
the ability to understand what they are giving consent for, and be of legal age (18) (Sheilds, 2010).
Due to the fact that Megan is 17, she is legally classified as a 'young person' Guardianship and
Administration Act 1986 (Vic)(page 140–141), this means that her legal guardians (her parents) may
provide consent on her behalf due to fact she is a minor, however exceptions to the rule enable
Megan to provide consent in the circumstances that she is deemed competent (Sheilds, 2010). This
can be achieved by a Gillick–competency test in which will apply an assessment an individual
young person's level of maturity and understanding in relation to the treatment proposed (New
South Wales Law Reform Commission, 2004). A similar precedence known as 'Marion's case' held
that a young girl was competent to consent to contraceptive advice and treatment if she had a
sufficient understanding and intelligence to enable her to understand fully what was proposed
Gillick v West Norfolk and ... Show more content on Helpwriting.net ...
(Sheilds, 2010). In addition it could be debated that Megan had a lack of understanding regarding
the procedure at the time of giving

The Case Of The Australian Legal System
Due to negative aspects that were presented in cases such as the Corey Davis case, the effectiveness
of the Australian Legal System in accomplishing justice began to be viewed to demonstrate flaws in
certain occasions by the Australian public. The Australian legal system aims to achieve equality and
fairness towards the citizens of Australia to avoid anarchy within the nation. This is accomplished
by set rules and laws that are created by the government. However, if these rules and laws are to be
broken by an individual or a group of people living within the borders of the country, they may face
legal consequences that include getting a fine, imprisonment, a life sentence or in some occurrences,
a combination of these forms of punishment. In the Corey Davis case, an eleven year old boy that is
identified as 'W' is sent to trial for committing an offence towards a six year old boy. An outline of
the events in the Corey Davis case will be further explored as well as the involvement of the police,
the conduct of the court system throughout the investigation of the case and its influence in
achieving justice, and a summary of the trial. Furthermore, the debate about the current age limit for
doli incapax and whether it is appropriate for modern society will be discussed as the Corey Davis
case raised arguments about this topic. The Australian legal system aims to achieve justice, however
certain instances such as the Corey Davis case have proved that it may occasionally

Some Legal Case Studies
Legal Case Studies Question One The basic premise of this case has to do with contract law and
how that is applied. Since Australian law follows the principles set down in English contract law (as
is the case with most other English speaking countries), most of the basic legislation differs little
from that basis. However, there have been cases and specific legislation that make Australian
contracts unique. First, it has to be understood what is necessary for a contract to be legal, and then
the determination has to be made whether John and Anton's verbal contract met those requirements.
Australian contract law looks at oral contracts with the same degree of obligation on the part of the
contractors as it does a written contract in most instances. Maritime insurance must be contracted
via a signed agreement as must most contracts where land is exchanged (Fifoot's Law of Contract).
This varies somewhat according to jurisdiction, but most Australian jurisdictions show no
distinction between written and oral contracts. For either type of contract to be legal, it has to follow
the six rules of contract: "Agreement where one party makes an offer and the other accepts it;
Consideration where one party gives something in exchange for something from the other party;
Intention where both parties intend to abide by the contract; Capacity where both parties are
mentally capable of understanding the contract; Genuine consent where both parties agree to the
contract of their own

Legal Representation In Court Cases
As the need for legal representation continues to grow across all segments of our population, new
and innovative types of legal representation have developed. Limited scope representation, or
discrete task representation, allows an attorney to represent a person only in agreed–upon portions
of his or her legal case. California Rule of Court 3.35 specifically defines limited scope
representation as "a relationship between an attorney and a person seeking legal services in which
they have agreed that the scope of the legal services will be limited to the specific tasks that the
attorney will perform for the person." This method of legal representation provides not only a way
for individuals to decrease their legal costs, but also to exert greater control over and ... Show more
content on Helpwriting.net ...
For instance, in a divorce, an individual might hire a California family law attorney on a limited
scope basis to handle the property division aspects of a divorce, such as the division of a spouse's
pension. However, the individual might decide to handle all of the other aspects of the divorce
himself or herself, such as custody, visitation and child support, particularly if the parties are already
in agreement on those issues. Not every type of legal matter is suitable for limited scope
representation. Some legal issues tend to be extremely complex and necessitate a degree of expertise
that only an attorney can offer. The types of cases that traditionally work well with limited scope
representation include family law matters, landlord–tenant disputes, and certain consumer advocacy
cases. By engaging an attorney on a limited scope, an individual who normally could not afford to
hire an attorney has access to at least some degree of legal

Legal Case Study
Lisa Levan 231 Rasberry St. Bethlehem, Pa. 18018 (610) 442–6327 was advised of the identity of
Investigator Sean P. Brennan and of the confidential nature and purpose of the interview, Levan,
provided the following information: Levan stated she was employed by the courts for 23 ½ years.
She worked on Judge Tidd's staff from Jan/2010 until she retired on 8/31/2012. Levan explained she
started keeping a log on Judge Tidd around Sept/2011 after some of the things he started doing.
Levan further explained she didn't get along with Tidd. He didn't like her and she didn't like him,
that's just the way it was according to Levan. Levan described Tidd as emotional, unstable and
unethical. Levan and another staff employee Diane would do the arraignments for Tidd without him
being present in the courthouse; he would usually call on the phone and tell them what to do. Levan
said that ... Show more content on Helpwriting.net ...
Levan remembers Tidd got yelled at by the President Judge McFadden for not wearing his robe and
after that meeting, he came back to the office and wore it for a short period of time, then he went
back to the old ways .Levan couldn't remember if Tidd swore people in before their hearings while
in the courtroom. Levan said one time Tidd asked her to take Tidd's cable box back for him, which
she gladly did to get out of the office. On more than a few occasions they would have to reschedule
hearings because he would take off a day for one thing or another at the last minute. Levan thought
they had to do that at least once a month. Levan said the staff would never know how he was going
to be like from one day to the next. Levan felt Tidd was jealous of her relationship with the pervious
judge, Diane Repyneck, whom she described as a friend. Tidd would blame the staff for mistakes he
made and he would yell, scream and swear with the "F" bomb at them. This happened on more than
a few

Legal Case Review Paper
Legal Cases Review
Tara Fuslier
SPED 5320
Lamar University
Spring 2017 Legal Cases Review In the field of special education there have been several court
cases and laws that have shaped the way that children with special needs are educated in our
country. Each one has added to the changing face of education. One court case that brought
assessment to the forefront was Larry P. v. Riles in 1971. Jose P. v. Ambach was also instrumental in
changing the area of special education assessment.
Larry P. v. Riles 1971 Larry P. was black child who attended school in the San Francisco Unified
School District in California. He was given an IQ test and as a result of his scores was assigned to a
classroom for mentally retarded children. Wilson ... Show more content on Helpwriting.net ...
The defendant in the case was the Board of Education of the City of New York. Jose P. maintained
that thousands of students were being denied a free and appropriate public education. The courts
ruled against the Board of Education of New York and several changes were made. Initial
evaluations would need to be complete within 30 days from parental consent or 40 days from receipt
of request to evaluate. Services must be offered to the student within 60 days. The courts further
ruled that if a change needs to be made for a student who already receives services there is a 30 day
evaluation timeline and a 60 day placement timeline (DiNapoli & Bleiwas, 2008).
Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure
compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages
spoken in New York. This can make meeting timelines difficulty since children must be tested in
their native language. Although it is imperative that students receive the education that they need it
can be very difficult to meet timelines in certain

Fedex Legal Case
FedEx Corporation agreed to pay $228 million settlement in order to resolve the class action lawsuit
that was brought by FedEx Ground drivers in California. Drivers claimed that the company
misclassified them as independent contractors instead of employees. They allege that doing so
resulted in shorting FedEx driver wages and benefits. According to Friday's ruling (6/12/15),
allegations were correct. The $228 million settlement would be paid as a resolution for claims
brought against FedEx by approximately 2,300 California FedEx truck drivers who were classified
as independent contractors and claim they should have been classified as employees of the
corporation. The tentative settlement amount will require the approval of a California federal

Legal Case Summary
Sylvia Burwell Secretary of Health and Human Services Petitioners vs Hobby Lobby Stores and
Conestoga Wood Specialties Corporation vs Secretary of Health and Human Services (U.S 2014)
Essential Facts: ACA generally requires employers with 50 or more full time employees a health
insurance coverage. HRSA promulgated the Women's Preventive Services Guidelines, which
provided that nonexempt employers are generally require to provide coverage without cost sharing.
The HRSA establish exemption from the contraceptive mandate for religious employers such as
churches. The Green family believes in Christianity just like the Hahns and Mardel. The family
owns Hobby Lobby, which is a nationwide chain. The three families refuse to cover medical ...
Show more content on Helpwriting.net ...
Holding: Yes, the HHS did not have a compelling interest. The HHS fails to show that this
accommodation to the company religious beliefs would fail to protect the asserted needs of a
woman. The Law: Religious Freedom Restoration Act, which prohibits the Federal government
from burdening a person's religion. The Sherbert test is used when there is a compelling state
interest(CSI) for the law and the law is the least restrictive means (LRM) of advancing the CSI. The
Health Resources and Services Administration ensure fairness. The Application of the Law to the
Facts: The Health Resources and Services Administration promulgated the Women's Preventive
Services Guidelines. The companies wanted to apply their religious beliefs in the company rules,
which they are allow too The companies don't want to cover medical cost that may abort children
because it goes against their religion. HHS points to no evidence that insurance plans harm the
women from getting fair

Abortion Legal Case
Since the proper to non–public privacy includes the abortion call, however the proper isn't
unqualified and should be thought–about against vital state interests in regulation.
The abortion laws in result within the majority of the States square measure of comparatively recent
vintage, account from statutory changes typically enacted within the latter half the nineteenth
century. At common law abortion performed before quickening (the initial recognizable movement
of the vertebrate in utero) wasn't an guilty offense, and it's uncertain that abortion was ever a firmly
established common law crime even once it destroyed a fast vertebrate.
Three reasons are advanced for the historical enactment of criminal abortion laws. the primary is
that the laws square measure the merchandise of a Victorian social concern to discourage illicit
sexual conduct, however this argument has been taken seriously by neither courts nor commentators.
The second reason is that the abortion procedure is risky, thus the State's concern is to safeguard
pregnant ladies. However, fashionable medical techniques have altered matters, with abortions being
comparatively safe notably within the trimester. The third reason is that the State's interest is in
protective the antenatal life. However, this can be somewhat negated by the actual fact that the
pregnant lady can not be prosecuted for the act of abortion.

Legal Case Study On Legal Cases Essay
Legal Case Study
Background of two legal cases The two legal cases I studied involved sexual harassment. Both cases
were similar, in that each involved multiple people and the plaintiffs were terminated in retaliation
for reporting the alleged violations. In the first case, three female employees reported claims of
sexual harassment against a warehouse supervisor with New Breed Logistics. The three stated they
were subjected to lewd, obscene and vulgar sexual remarks, as well as, unwelcome sexual touching.
Additionally, a male employee supported the allegations and agreed to be a witness to substantiate
the women's claims. In retaliation against the employees, a supervisor with the company terminated
the three female employees, along with the male employee (U.S. Equal Employment Opportunity
Commission, 2013). The second case involved three former employees of EmCare, a physician
outsourcing group. Gloria Stokes reported sexual harassment from her supervisor, who happened to
be a CEO of the company, to the company's human resource department. Bonnie Shaw and Luke
Trahan jointly contacted Human Resources concerning a remark this same CEO had made to Bonnie
Shaw's 15–year–old daughter when the daughter accompanied her to work on "Bring Your Child to
Work Day". None of the three received an appropriate response from Human Resources. The article
does not state the employment status of Gloria Stokes, but Bonnie Shaw and Luke Trahan were fired
six weeks after voicing

The Legal Principles Of The Case Of Salomon V. Salmon And...
The legal principle on company law established by the case "Salomon v Salomon & Co Ltd" is that
a company upon incorporation is a body corporate which is recognized by law to have a separate
legal entity from its members and officers. The company and members are two separate bodies. This
is known as the veil of incorporation. Thus, the debts of the company cannot be recovered from its
members. For example, the debts of the company cannot be recovered from its member. Rather than
the director or its member, a company is normally liable for any breach by itself. A company is an
artificial legal person that exists independently of the individuals who at any given time are the
members of the corporate body. In the case of Salomon V Salomon & Co Ltd, even though Salomon
managed the business solely by himself, yet in law Salomon and the company is separate body as
the company has incorporated.
As a legal entity by itself, company can:
1. Enjoy perpetual existence and has its own legal personality.
2. Has its own legal personality.
3. Is separate from its members and officers and the change of its members and officers does not
affect its legal personality.
4. Sue and be sued in its own name.
5. Deal with property itself.
6. Liable for its debts, ... Show more content on Helpwriting.net ...
According to section 16(6) of the Companies Act 1965, upon incorporation, the persons whose
names appear in the company's register of members from time to time shall be the members of the
company and together they shall be a body corporate. Under section 16(5) of the Companies Act
1965, the body corporate enjoys separate legal entity with an existence that does not depend on the
identity of its members and members of the company shall be liable to contribute to the assets of the
company in the event of being wound up. However, the liability of the members will depend on
whether the company is a limited company or an unlimited

Legal Case Study: Susie's Case
James had been an attorney for 17 years before deciding to open up a practice of his own. Although
some of James client's followed him to his new firm, James was falling behind on bills and wanted
to continue to support his lavish lifestyle, that he decided to start advertising. James figures he could
draw clients in by advertising for new clients $200 flat fee, however, omitted from the letter that it
was an advertisement and that $200 flat fee only applied to a case which required an hour or less of
preparation time. James often waits outside emergency rooms to hand out letters, leaves plaintiffs
and via mail for in–person contact. Susie was recently involved in a motor accident due to the faulty
machinery of car company A. Susie is badly injured, received an advertisement letter from James
and immediately called him for consultation. James previously was on a team of lawyers in this old
firm that represented "car company A" in a dispute about faulty machinery parts used for their cars;
this case involved protected information. James knows "car company A" history and wants to use
this to build a case and decided to take on Susie's case, convincing himself that this could be the
case that makes his start–up firm big What issues could James possibly encounter? Rule 1.9b and
1.9bc applies here. "A lawyer shall not knowingly represent a person in the same or a substantially
related matter in which a firm with which the lawyer formerly was associated had previously
represented

Legal Case Summary
CHARLESTON, W.Va. – Kanawha County residents met Tuesday to learn more information about
payments from a court settlement related to the 2014 Elk River chemical spill.
Details were released April 27 regarding the settlement of a class–action lawsuit between plaintiffs
and West Virginia American Water and Eastman Chemical Company. Out of the $151 million
settlement, $76 million would be set aside for direct payments for claims.
More than 300,000 residents across 9 counties were affected by the January 2014 spill.
One of those at the meeting was Barry Rogers of Charleston. Rogers said he remembers seeing red
spots on his body after getting out of the shower.
"I started to think, 'Well, that's what old people get," he said. "Every time I get near that river, I get
sick and a headache."
Kevin Thompson, federal ... Show more content on Helpwriting.net ...
Gary Southern and Dennis Farrell, both former executives at Freedom Industries, would settle
claims against them by putting forward $400,000. Freedom Industries oversaw the tank farm on the
Elk River.
Southern spent one month in federal prison, six months supervised released and a $20,000 for his
role in the spill of MCHM in the Elk River. Farrell was sentenced to thirty days and a $20,000 fine.
Rogers, 55, said he expected more from the payments.
"I was getting baby wipes every two or three days and had a gallon jug I poked holes in the top and
used as a shower," he said. "They (the defendants) should have been hurt a lot more by this."
A maximum of $38 million will be given to the attorneys who represented the plaintiffs.
"About 12 or 13 law firms," Thompson said.
A second theme of the meeting was the idea moving a majority of the county to a public water
system. Advocates for a Safe Water System members spent the closing minutes of the meeting
talking about the benefits of the

Legal Risk Case Study
Legal Risk
I work in a restaurant environment. As one can imagine, there are numberous health and safety, and
therefore legal, risks which must be considered at all times. This particularly true when rolling out
new processes and proceedures. Recently, the restranunt I work for switched the physical way the
menure items are brought to the guest to tray service (meaning eveything is brought to the guests
table on a large, black, oval tray). However, quickly after implimentation it became apparent there
was not enough consideration given to risk regarding the tray service. Problems with the new trays
include:
1: Weight – The weight of the tray, tray–jack, and the nitouriouly large portions of food is sevear.
Complications do to the wieght of the trays include staffs inablity to lift them, set them down, and
delivery them, without injury. ... Show more content on Helpwriting.net ...
Size – The doorways of the restaurant cannot accomadte the size of a person as well as the size of
the tray. Therefor, trays must be held above the servers head, rather than resting on his/her shoulder,
to navigate the restrant. Best case senario the server is at risk of droping the tray and costing the
store food/buisness, but more alarmingly, risks injuring the staff. The trays are also so large,
visibility is obstrusted which has already resulted in an injury to a child patron.
If the restaurant had considered the four stages of risk management, the trays may not have been
implimented as:
1. Identify all foreseeable hazards (White & Fortune, 2002). – Both weight and size concerns should
have been glarring obvious, especially since doorway size has been a known ADA concern for the
establishment in the past (meaning the owners know the building has small doorways). Also, being
known for "excessive" portions could have tiped a critical thinker off that weight was going to be a

Trover Legal Case
Facts: This case concerns trover, an action at common law to recover the value of personal property
which was disposed of improperly by another. It concerns the market value of 242 cords of timber,
which was harvested from public land given to an Indian reservation. The timber was cut when
those that cut the timber knew it was Indian property on Indian land. The timber was sold by
defendant in another town to an awaiting purchaser for value. History: Affirmed. Issue: Is the
defendant's liability the value of the timber that gets added when resold in the market place, or the
wholesale value at the place where the timber was cut? Ruling: The court ruled that an unlawful
taking, where the thing taken is then marketed for full price, a defendant's

The Legal Foundations Of The State Case

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