...Courtroom Observation Case White v. Gibbs John Simpson Louisiana Tech Abstract This paper observes the court case of White v. Gibbs in which Debbie White is suing Patrick Gibbs and O’Malley’s Tavern under the civil provisions of Indiana’s Dram Shop Act (National Conference of State Legislatures, 2014). Deborah White brought this court case to the Supreme Court in order to argue against the summary judgment filed by the defendants. A summary judgment would allow for them to avoid going to trial only if the Judge sees fit to deem that there are no disputes to the material facts of this case (West Encyclopedia of American Law, 2008). The attorneys representing Mrs. White are Amanda Babbitt and Jackson Walsh. The attorneys for the defendants are Benjamin Walton and Jordan Van Meter. Courtroom Observation Case White v. Gibbs The lawsuit arose from an incident where Mrs. White and her husband Bruno were having dinner at O’Malley’s Tavern. On that night there was another patron at the bar, Edward Hard, who was also Mrs. White’s ex-fiancé. During the court case we find out that Mr. Hard had shown a lot of animosity toward the White’s due to Mr. Hard and Mrs. White’s previous relationship. There was also a former altercation between Mr. White and Mr. Hard, and even though this had been resolved, Mr. Hard still showed this animosity. On this night, Mr. Hard had a bill from O’Malley’s Tavern in which he was charged for purchasing 13 alcoholic drinks. According to the...
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...Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...2015 Jonathan Jamieson Quality Court Condominium Association versus Quality Hill Development Corporation is a dispute over damages associated with neglect in the construction of condominiums. The legal form of business of Quality Hill Development is a limited liability corporation. Quality Court Condominium Association is a group of condominium owners that came together to file suit against the construction company that caused all these damages. Another example of an Alternative Dispute Resolution case is Walls vs. Brewster. It was an example in February 1993 referred to arbitration because the case was ordered to a court annexed arbitration. This case is not a normal alternative dispute resolution. Alternate Dispute Resolution is normally a lot quicker than a full court litigation but this one was anything but that. It took a long time to complete because of there were two time extensions added to accommodate the defendant's inability to be present. Elective ADR is that which facilitates a discussion, which usually turns into a negotiation, but which does not produce a finding or judgment which can be imposed on either party. By elective ADR the parties will provide themselves with a forum in which to air their differences, but whether or not to settle them remains within their control (Griffiths 2010). Alternative Dispute Resolution is a more efficient system used to offer solutions to a dispute instead of going through the court system through litigation which is...
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...RUBRIC FOR ASSIGNED CASE PRESENTATIONS AND PAPERS 1. Each student will be assigned a case from the end-of-chapter cases in the text book. You are required to submit a paper on the case and to engage in an in-class discussion with the professor about the case. 2. The cases in the textbook are what lawyers call squibs. The squibs are short summaries of the case and not the full court opinion about the case. You will be able to do an internet search under the name of the case and find the full court opinion, which will have much more information than the squib in the textbook. 3. Using the information in the full case opinion, you will be required to do the following a. (up to 25 points) Submit a paper of 500 to 750 words on the case. The paper must treat the following areas: - what are the facts of the case? - what is the law that applies in this situation? - what is the issue? That is a statement of how the law applies to the facts of the case - discussion - make an argument that supports a particular outcome in the case. NOTE – you do not have to agree with the court’s opinion. Feel free to come to a different conclusion that the court did, if you think the law and facts support you. - state your conclusion. b. (up to 25 points) Be prepared to engage in an in-class discussion with the professor about this case. You should be very familiar with the law and facts and should NOT be referring to the textbook, the case or your notes during this discussion. The discussion will...
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...1. Explain what you think the role of a paralegal is in the litigation process. Reflect on your own personal skills and if you like litigation practice. The role of a paralegal in the litigation process is to provide a win-win solution to the cost of legal services as most people cannot afford the services of a lawyer. Paralegals engage in substantive legal work, the kind of work that lawyers do with certain limitations and prohibitions. Based on my own personal skills such as filing of small claims, paralegals are engaged in real legal work, provided as paralegals are appropriately supervised, the lawyers for whom paralegals work are able to engage in other legal work. I like litigation practice because paralegals are of service to the clients. Clients will receive a smaller bill when legal assistants are used effectively because the work of legal assistants is billed at a lesser rate than that of lawyers. The use of paralegals allows more members of society to be able to afford legal services, while at the same time allows employing lawyers at private law firms to increase their earnings. Paralegal is a highly demand profession which makes me reflect that litigation practice is a rewarding career. 2. As a paralegal what documents should you attempt to obtain before a lawsuit is filed during the informal fact-gathering stage? What sources are available to you to locate these documents? The attorney’s work product, now called “trial preparation materials.”...
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...In personal injury cases, the case begins as soon as you are hurt. The police gather the evidences of the injury and the accident and also record the statements of the witnesses. You should always remember to hire a competent Personal Injury Lawyer Etobicoke as soon as possible. If you have decided to file a lawsuit for compensation, then it is necessary that even you the necessary knowledge as to how the judiciary system works. This will help you in communicating better with your lawyer and also keep the necessary records in order. Some of the important steps that your case will take once you decide for filing for compensation are • Intake After hiring your Personal Injury Lawyer Etobicoke, when you meet with him/her for the first time to have a detailed...
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...Alternative Dispute Resolution The case of Fulcher vs, 24 Hour Fitness Tinisha Johnson Professor Shannon Allen Law 531 When a business is sued by a current or former employee, customer or other third party that business can either take that case to trial or try to solve the issue by going through an alternative dispute resolution process or ADR. By addressing grievances through ADR a business will be able to solve the matter in a mutual agreeable way that save money and time. Also it reduces the risk of negative public scrutiny or loss of public trust or reputation. Here I will discuss the case of Fulcher vs 24 Hour Fitness. I will discuss the difference between the processes of going to trail versus dealing with the issue through an ADR, the cost benefits of solving issues through ADR. I will also recommend an ADR that would best fit the situation 24 Hour Fitness is one of the most known largest fitness chains. The company is privately owned and currently has employees 18,000 employee within the US and Philippines. The company is currently based in San Ramon, California. In July of 2010 the company was sued for race and gender violations. The suit that was filed in the Alameda County Superior Court by Raoul Fulcher a former employee of the company. Fulcher alleges that the company engages in a practice of discrimination against its minority and female employees by denying them deserved promotions with the company. The case was filed in July 2010 and there has...
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...Contract Law (Mutuality of Consideration) November 7, 20013 SUMMARY OF FACTS Bernie is selling his 2006 Ford Fusion. Vivian makes an offer to buy Bernie’s car for $12,000. Bernie and Vivian meet and agree on the selling price of $12,500. Vivian needs more time to come up the money for the car. Bernie agrees to give Vivian time to come up with the money to purchase his car. Bernie requires Vivian to put down a $1,000 deposit and pay the full balance by March 31st. Bernie drafts up an agreement; and in the agreement and it is stated that if the buyer breaches the agreement, the seller may keep the buyer’s deposit, but the shall be limited to this remedy and only this remedy. Likewise, is the seller breaches the agreement, the seller must refund the purchaser’s deposit, but the parties shall be limited to this remedy and only this remedy. Vivian reads and signs the agreement. Later Vivian realizes that she is not going to be able to get the money together by the deadline. She call’s Bernie to tell him that she is pulling out the deal. Bernie says he is going to keep the deposit. Vivian sues for her deposit claiming there was no mutuality of consideration for the agreement and the contract was therefore void. ISSUE Under Virginia law is their mutuality of consideration when the seller could back out of the agreement by giving the purchaser her deposit back. Rule |Sayres v. Wheatland Group |L.L.C. | OVERVIEW: Defendants sought to apply...
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...to stop and have a new hitch mounted on for safety, or drive around Confusion. The federal government has not made any effort to regulate the truck hitches used on the nation’s highways and make it mandatory. Tanya Trucker, who owns a trucking company in the State of Denial, is extremely upset about the additional expense and costs this statute inflicts on her business. Tanya is losing money due to the new regulation. Therefore, she intends to file a suit against Confusion to overturn the act. The court that will have jurisdiction over Tanya is the federal court because the Confusion State has violated the commerce clause of the constitution. The commerce clause is an enumerated power listed in the United States Constitution. “The commerce clause gives the federal government the authority to regulate interstate commerce “(Cheeseman, 2010, p.73). The federal district court also has jurisdiction over citizenship lawsuits. According to Cheeseman, “A case may be brought in federal court if there is diversity of citizenship. Diversity of citizenship occurs if a lawsuit involves citizens from different states” (p.41, 2010). The Commerce Clause gives the federal government the authority to regulate interstate commerce. Because this clause authorizes the federal government to regulate commerce, it has a greater impact on business than does any other provision in the Constitution. The rules that the State of Confusion is implementing are...
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...Failure to submit your shepardized case will result in a loss of 10 points. You will not be able to submit it after your assignment has been graded. Your assignment is due by Sunday, end of Week 3, 11:59 p.m. (MT). (Note: You will not submit anything to the Homework CASE Dropbox. Questions 1-6: Week 3 Homework answers (there are 6 questions total). While viewing the Nadel v. Burger King & Emil case answer the following questions: 1. What court decided the case in the assignment? (2 points) Answer: Court of Appeals Ohio, First District, Hamilton County 2. What must a party establish to prevail on a motion for summary judgment? (3 points) Answer: In order to prevail on a motion for summary judgment, a movant has the burden to demonstrate that no genuine issue of material fact remains to be litigated; that is entitled to judgment as a matter of law, and that it appears from the evidence, when viewed most strongly in favor of the nonmoving party, that reasonable minds can come to but tone conclusion and that conclusion is adverse to the non-moving party. The movant in this case would be the Nadel family. Nadel v. Burger King Corp., 1997 WL 266762 (Ct. App, 1st Dist., Ohio) 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) Answer: The Christopher Nadel, the child was suffered severe burns by the hot coffee; spilled coffee is a forseeable circumstance from going through a drive through. It was undetermined...
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...Ethical Vignette Paper Rashanda Joe Liberty University Abstract This paper presents a summary of the Counseling in Therapy video. In the video the actors discuss real life cases where the Supreme Court Judge had to rule on topics such as: exceptions to confidentiality, privilege, reporting, and the duty to warn. This writer will also discuss her finding s about the statures and laws as they pertain to North Carolina and give a summary of each. Finally the writer will discuss her reflection and how she could put these to action in her counseling career. Summary The video presentation was very interesting. It allowed actors to discuss real cases to give a better understanding about Confidentiality, Privilege, Reporting, and the Duty to Warn. It gave a clear picture of how these things, though they may sound similar are quite different in many ways. The first case was about a young boy was taken to the hospital by his foster parents. He was unconscious with bruises down the spine of his back and a bruise under his eye. When the nurse questioned her about it she stated that it was from being jostled in his car seat. The nurse did not make any note of that observation nor did she call CPS to report possible abuse as she believed what she was told by the foster mother. Dominic was then brought back to the hospital four days later suffering from head trauma and then died. Nurse Brown was being charged with a crime for failure to report the abuse. It is noted...
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...from either our own experience, the text or from personal research. I have chosen to discuss a case that is discussed in our text, Business Law 16th edition. The Case I will be discussing will be Hagan v. Coca-Cola Bottling Co. This case is about two sisters, Linda Hagan and Barbara Parker, who drank from a bottle of Coke which they both agreed tasted flat. After observing the bottle in the light both women observed what appeared to them to be a used condom with a “oozy sticky stuff coming out of the top” (Mallor, Barnes, Bowers, Lanvardy, 2014). After being sent to Coca-Cola for testing it was determined that the object was mold and not a used condom. Before the findings the medical personnel at the Coca-Cola facility told the ladies they should be tested for HIV. Those tests came back negative for both of the women. Hagan and Parker brought a negligence action again Coca-Cola and at the conclusion of the trial were awarded $75,000 each by the jury. However, the trial court reduced the jury award to $25, 000 a decision that both sides appealed. The appellate court revers the jury award and concluded that under case law concerning the impact rule, neither of the plaintiffs had proven a claim because neither had suffered a physical injury. ("Hagan V. Coca Cola Bottling Co", 2016). Describe the legal form of business of the business involved in the dispute. In this case Coca-Cola is a Corporation. A corporation is owned by shareholders who elect a board of directors...
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...clearly explain how you and your group will be assessed for the dispute resolution assignment, and (iii) provide you with some practical tips to help you prepare. Assignment Scenario: A few years back, Apple and Proview had a legal dispute concerning the ownership of the “IPAD” trademark in China. There were multiple lawsuits, with Apple winning some and Proview winning others. In the end, they settled outside of court for a reported US$60,000,000. In this assignment we are going to pretend that Apple failed to pay the US$60 million to Proview, and that the two sides are going to arbitration in Hong Kong to settle the dispute once and for all. Your group will represent either Apple or Proview, and will prepare a “legal brief” for submission to the arbitration panel stating your side’s case, and providing legal research backing up your position. Instructions and Expectations a. Venue of the Case This dispute is going to take place as an arbitration in Hong Kong. Thus, the groups are to argue their sides as though you were arguing the case to a real arbitration panel.If you have any questions about what this means, please email or call Mr. Bishop. b. Oral Argument There will be no oral argument required. c. Written Argument Each group is required to turn in both a hard and soft copy of a “legal brief” explaining in writing their team’s legal argument. It is up to your group to determine how long or short to make the brief, but...
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...The actual court process is set in motion by the swearing of an Information under oath, before a justice of the peace or magistrate. An Information is an allegation by a citizen, usually a police officer, that reasonable and probable grounds exist to believe another person has committed a crime. All offences in Canada may be classified as indictable (the more serious) or summary conviction (the less serious). Depending upon the type of indictable offence, the Criminal Code will determine whether the trial can be heard by a magistrate, a high-court judge, or by a court composed of a high court sitting with a jury. Generally, when an accused is going to have a trial by a high-court judge or by a court composed of a judge and jury, he has the right to a preliminary hearing. Whether an accused is charged with a summary conviction offence or an indictable offence, he is eventually called upon to state in open court whether he pleads guilty or not guilty. If the plea is not guilty, the case will proceed to trial; if guilty, then a sentencing will take place before the judge who received the...
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...Case Review #1: Analysis of the Supreme Court of the United States case of Faragher V. City of Boca Raton (5 points). Search the internet and find The Supreme Court of the United States case of Faragher V. City of Boca Raton. Analyze and present a summary of the case. When preparing the summary, make sure you answer the following questions: 1. Why was the case brought? Give a summary of the factors that led to the case. The case is around Beth Ann Farangher, she was a lifeguard that brought to the city’s attention that her supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. The two super visors would initiate constant offensive touching that was un-invited and also speak about women in offensive terms. Farangher stated that Terry would repeatedly touch the female life guards without being invited to do so. The complaint contained allegations that Terry once said the he would never promote a woman to the rank of lieutenant. Silver man had also said to Faragher, “Date me or clean toilets for a year.” A major problem with the case was if the problem had been going on for a while, then it should have been brought to the city’s attention earlier. 2. Based on the case what are two defenses against sexual harassment that can be used by an employer? 3. What is the relevance of this case to Human Resource Management? The result of the Farangher case is relevant is human resource management because the manner in...
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