...Thomas v. Winchester (1852) Facts: Mrs. Thomas was prescribed dandelion extract, but the bottle was mislabeled and actually contained a poison. Mrs. Thomas's husband had purchased the extract from druggist Ford who purchased from druggist Aspinwall who purchased from Winchester. Thomas sued Winchester and the trial court ruled in Thomas’s favor. Winchester appealed, stating that because he was not the direct vendor of the item and there was no direct connection between he and Thomas, Thomas could not sue him. Issue: Despite there being no direct connection between Thomas and Winchester, can Thomas sue Winchester Decision: Yes Reasons: The Court decided to make an exception to the theory of privity, based on Winterbottom v. Wright, in this case because of the inherent danger of poison, and death or great bodily harm was the natural result of the mislabeling of poison. Winchester had a duty to Thomas because it was the nature of his business that there would be a lack of privity if poison was mislabeled. Sub brief: Winterbottom v. Wright (1842) Facts: Wright owned a coach business and contracted with the Postmaster-General to supply coaches to carry the mail. As part of the contract, Wright agreed to keep the coaches in good condition and personally assume the duty of all maintenance and repairs. Atkinson also contracted with the Postmaster to supply horses and drivers for all coaches. Winterbottom, the plaintiff, was employed by Atkinson as a driver. One day, he was driving...
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...Crime and Deviance Revision SCLY 4: Crime and Deviance with Methods in Context Sociology Department Greenhead College SCLY 4: Crime and Deviance with Methods in Context Remember: You have to revise everything, because you have no choice on the exam paper. The specification 1 Different theories of crime, deviance, social order and social control * Different definitions of crime, deviance, social order and social control * The distinction between sociological theories of crime and other theories (eg biological, psychological); crime and deviance as socially constructed * Functionalist theories of crime: Durkheim, anomie, collective conscience; Merton’s strain theory; manifest and latent functions; functionalist subcultural theories * Marxist and neo-Marxist theories of crime: classical Marxism, laws reflecting class interests; Neo-Marxism, hegemony, the CCCS studies, critical and new criminology * Interactionist theories of crime: labelling theory, the self-fulfilling prophecy * Feminist theories of crime: patriarchy, male control of women’s lives * Control theory and other contemporary approaches to crime: social bonds, communitarianism, situational prevention; postmodern theories; Foucault on individualisation and surveillance * Realist theories: New Left Realism and Right Realism * The relevance of the various theories to understanding different types of crime, and their implications for social policy. 2 The social distribution...
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...PAGES: UNITES STATES SUPREME COURT CASES Adams v. United States ex rel. McCann, 317 U.S. 269 (1942) ARIZONA V. FULMINANTE, 499 U.X. AT 310-311 (1992) Brecht V. Abrahamson, 507 U.S. 619, 629-630 (19930 CARTER V. ILLINOIS, 329 U.S. 173, 174-175 (1946) CLEBURN TEXAS V. CLEBURNE LIVING CENTER, 473 U.S. 432, 439 (1985) COLUMBUS BOARD OF EDUCATION V. PENICK, 443 U.S. 449 (1979) DAVIS V. UNITED STATES, 417 U.S. 333 (1974) DENT V. WEST VIRGINIA, 129 U.S. 114, 123 (1889) DESHANEY V. WINNEBAGO DEPARTMENT OF SOCIAL SERVICES 489 U.S. 189, 195, 196 (1989) FARETTA V. CALIFORNIA 422 U.S. 806, 819-821 (1975) FAY V. NOIA, 372 U.S. 391 (1963) FIORE V. WHITE 521 U.S. 225, 228-220 (2001) (PER CURIAM) HARRIS V. MCRAE, 448 U.X. 297, 317-318 (1980) TABLE OF AUTHORITIES PAGES: IN RE WINSHIP 397 U.S. 358, 364 (1970) (EMPHASIS ADDED) JACKSON V. VIRGINIA 443 U.S. 307, 309 (1979) KOLENDER V. LAWSON, 461 U.S. 352, 357 (1983) MCKASKLE V. WIGGINS 465 U.S. 168, 177 N. 8 (1984) ROBINSON V. NEIL, 409 U.S. 505, 509 (1975) SCHLESINGER V. COUNCILMAN, 420 U.S. 738, 755 (1975) SHELLY V. KRAEMER, 334 U.S. 1, 22 (1948) STRAUDER V. WEST VIRGINIA, 100 U.S. 303 (1879) STRICKLAND V. WASHINGTON, 466 U.S. 668 (1984) THORNBURGH V. AMERICAN COLLEGE OF OBSTERICIANS AND CYNECOLOGISTS, 476 U.X. 747, 791 (1986) (WHITE, J. JOINED BY REHNQUIST DISSENTING) UNITED STATE V. CRONIC, 466 U.S. 648 (1984) UNITED STATES...
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...Review & Summary: The article that I am reviewing is “ The Public’s Conditional Response to Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with...
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...Case Study Analysis – Connecticut v. Teal (1982) HRM/552—Organizational Training and Development Case Summary The case of Connecticut vs. Teal is a part of landmark Supreme Court cases that were heard in the 1980s. Black employees that worked for the State of Connecticut were promoted to supervisors with a provision that for their promotion to become permanent, they would have to pass a written examination. There were 48 black candidates and 259 white candidates that took the written examination. A little over half of the black candidates that took the examination passed, however the black employees that did not pass were excluded from the remaining selection process to become permanent supervisors (Connecticut v. Teal, 1982). These employees filed lawsuit against the State of Connecticut in Federal District Court alleging that, “petitioners had violated Title VII of the Civil Rights Act of 1964 by requiring, as an absolute condition for consideration for promotion, that applicants pass a written test that disproportionately excluded blacks and was not job related (Connecticut v. Teal, 1982). Prior to the case going to trial, the petitioners promoted 22.9% of the black candidates and 13.5% of the white candidates from the eligibility list. Due to these promotions, the employer felt that by applying the bottom line concepts, the black employees had been more favorably promoted. The District Court sided with the employer and ruled that the “bottom line” percentages were...
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...1. What is Computer Forensics? System forensics is the process of systematically examining computer media as well as network components, software, and memory for evidence. System forensics involves collecting, preserving, analyzing, and documenting evidence to reconstruct user activities. Appropriately collected evidence is often presented in court to solve criminal cases and prosecute criminals. 2. How has technology improved the way criminal investigators perform their job? Technology improved the way criminal investigators perform their jobs by making it easier to track things, there is different types of software out there today to help them with these issues, and make the jobs easier, when you have different technology to help. 3. Why would a company report or not report a compromise case? The reason a company may or may not report a compromise because if it’s not in their favor and they may report it if it’s in their favor and vice versa. They wouldn’t want to look incompetent. 4. Who is in charge of labeling and securing sensitive information? The one in charge of labeling and securing sensitive information is the forensic specialist. 5. What is the Daubert standard? The Daubert Standard provides a rule of evidence regarding the admissibility of expert witnesses' testimony during United States federal legal proceedings. 6. Why would someone use a hex editor in a forensic investigation? The reason someone would use a hex editor in a forensic investigation...
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...(Slip Opinion) OCTOBER TERM, 2010 Syllabus 1 NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SNYDER v. PHELPS ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09–751. Argued October 6, 2010—Decided March 2, 2011 For the past 20 years, the congregation of the Westboro Baptist Church has picketed military funerals to communicate its belief that God hates the United States for its tolerance of homosexuality, particularly in America’s military. The church’s picketing has also condemned the Catholic Church for scandals involving its clergy. Fred Phelps, who founded the church, and six Westboro Baptist parishioners (all relatives of Phelps) traveled to Maryland to picket the funeral of Marine Lance Corporal Matthew Snyder, who was killed in Iraq in the line of duty. The picketing took place on public land approximately 1,000 feet from the church where the funeral was held, in accordance with guidance from local law enforcement officers. The picketers peacefully displayed their signs—stating, e.g., “Thank God for Dead Soldiers,” “Fags Doom Nations,” “America is Doomed,” “Priests...
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...Criminal Law Case List Gideon v. Wainwright, 372 U.S. 335 (1963) Argersinger v. Hamlin, 407 U.S. 25 (1972) Carmell v. Texas, 529 U.S. 513 (2000) City of Houston, v. Hill, 482 U.S. 451 (1987) Miles v. United States, 101 U.S. 304 (1880) Miller v. Florida, 482 U.S. 423 (1963) RAV v. City of St. Paul, 505 U.S. 377 (1992) Abbate v. United States, 359 U.S. 187 (1959) Frisbie v. Collins, 342 U.S. 519 (1952) Hudson, v. United States, 522 U.S. 93 (1997) Petite v. United States, 361 U.S. 529 (1960) Waller v. Florida, 397 U.S. (1970) Robinson v. California, 370 U.S. 660 (1962) Smith v. United States, 508 U.S. 223 (1993) Atwater v. City of Lago Vista, 532 U.S. 318 (2001) Carella v. Claifornia, 491 U.S. 263 (1989) Liparota v. United States, 471 U.S. 419 (1985) Jacobsen v. United States, 503 U.S. 540 (1991) Medina v. California, 505 U.S. 437 (1992) Powell v. Texas, 392 U.S. 514 (1967) United States v. Bailey, 444 U.S. 394 (1979) Wisconsin v. Mitchell, 508 U.S. 476 (1993) Enmund v. Florida, 458 U.S. 782 (1982) Vacco v. Quill, 521 U.S. 793 (1997) Washington, et al. v. Glucksberg, 521 U.S. 702 (1997) Albers v. California, 354 U.S. 476 (1957) Doe v. Bolton, 410 U.S. 179 (1973) Heller v. New York, 413 U.S. 483 (1973) Kansas v. Crane, 534 U.S. 407 (2002) Kansas v. Hendricks, 521 U..S. 346 (1997) Kaplan v. California, 419 U.S. 915 (1974) Lawrence v. Texas, 539 U.S. 558 (2003) Miller v. California, 413 U.S. 15 (1973) Paris Adult Theater v. Slayton, 413 U.S. 49 (1973) ...
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...|1 |Lejla Isic |Case: Rochin v. California, 342 U.S. 165 (1952) page 37 of the Textbook | |2 |Sara Mirkovic |Case:U.S. v. Armstrong, 517 U.S. 456 (1996) page 42 of the Textbook | |3 |Nderim Ferati |Case: Katz v. U.S., 389 U.S. 347 (1967) page 55 of the Textbook | |4 |Amra Džafić |Case: U.S. v. White, 401 U.S. 745 (1971) page 62 of the Textbook | |5 |Valentina Cenaj |Case: Kyllo v. U.S., 533 U.S. 27 (2001) page 65 of the Textbook | |6 |Dajana Grgić |Case: Illinois v. Caballes, 543 U.S. 405 (2005) page 69 of the Textbook | |7 |Refik Čavčic |Case: California v. Hodari D., 499 U.S. 621 (1991) page 76 of the Textbook | |8 |Drilona Cenaj |Case: Terry v. Ohio, 392 U.S. 1 (1968) page 89 of the Textbook | |9 |Sejla Karic |Case: Adams v. Williams, 407 U.S. 143 (1972) page 85 of the Textbook | |10 |Naid Avdic |Case: Illinois v. Wardlow, 528 U.S. 119 (2000) page 103 of the Textbook | |11 |Tugce Melek |Case: Hiibel v. Sixth JDC of Nevada, Humboldt County et al., 542 U.S. 177 (2004) page 114 | | | |of the Textbook ...
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...According to The March of Dimes Global Report on Birth Defects, every year an estimated 8 million children – 6% of total births worldwide – are born with a serious handicap. Of these 8 million children, at least 3.3 million children younger than 5 years of age die annually because of their handicap condition (CITE). Those children who do end up surviving will most likely be mentally and/or physically disabled for the rest of their life. With at least two handicapped newborns being born everyday, the healthcare industry is constantly faced with decisions regarding what the correct ethical treatment options should be for handicapped newborns. Whether or not treatment regimens should even be administered to handicapped newborns has caused a great deal of controversy in our society, and has ultimately come down to two different options: Should there be a law that makes it illegal to withhold treatment from handicapped newborns? Or should the decision of treatment be up to the parents and/or physicians? Since the number of handicapped newborns being born into the United States is only going to increase, this is definitely an ethical topic that needs to be addressed by both the public and lawmakers. Withholding treatment from handicapped newborns has been an ongoing issue since 1973, when the first phase of this ethical controversy occurred. Dr. Raymond Duff and Dr. Ian Campbell, physicians in the newborn intensive care unit at Yale-New Haven Hospital, decided to let the public...
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...object is binding when it’s made after the object has already been found by another person. Applicable Law In Oregon Supreme Court ruling MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), the court has sided with the finder of a lost pocketbook and demanded that the rightful owner pays a reward to the finder, after the pocketbook has been returned. The owner claimed that the pocketbook was found before the rewards has been announced, and that the finder delayed returning to pocketbook. “To entitle plaintiff to a reward for finding a lost pocketbook, it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the return of the book.” MacFarlane, 2. The court decided that it was irrelevant when the offer for reward was made, as the reward is for returning the item to the rightful owner and not for merely finding it. The Oregon Supreme Court has also ruled in Watts v. Ward, 1 Ore. 86, 88 (Or. 1854), that the finder has a right to hold onto the lost property until a reward promised to him or her is actually paid. “ Where a reward is offered for lost property, the finder, when he complies with the terms of the offer, has a right to retain the property in his hands until the promised reward is paid to him.” Watts, 4. Application to our Case In our case, Alan has found an...
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...high-impact and priority programs and projects using savings and unprogrammed funds. DAP also enabled the government to introduce greater speed, efficiency, and effectiveness in budget execution. DAP was introduced when the Aquino Administration assumed office in 2010, it unearthed systemic inefficiencies in public spending. These included poorly-designed and questionable projects that need to be cancelled; the prevalence of lump sum funds; implementation bottlenecks; among others. Unfortunately, its efforts to plug leakages and reform the budget execution process had the effect of slowing down spending. From January to September of 2011, government disbursements shrank by 7.3 percent year-on-year. Underspending was most severe in the case of infrastructure, which slumped by 51.3 percent. These, alongside the global economic slowdown, pulled down gross domestic product (GDP) growth to 3.6 percent in the first three quarters of 2011, from 7.6 percent in 2010. Clearly, the government could not have afforded to nothing. The DAP tapped the power of the president over a) the use of savings to augment deficient programs and projects; and b) the use of unprogrammed funds. * Savings are available portions or balances of items under the General Appropriations Act (GAA) which result from: a) the completion or final discontinuance or abandonment of a program, activity,...
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...Mills v. District of Columbia Mills v. District of Columbia is a case involving parents in Washington, D.C., who filed a suit against the public school system requesting that access to public schools be provided for their children with mental retardation. The parents won their suit, and this helped expand the ruling to include all students with disabilities. Mills court also made it impossible for schools to claim fiscal inability as an excuse. This case was later strengthened by the US Supreme Court decisions like Goss v. Lopecad and Honig v. Doe. This case is important to the field of special education because, it helped pave the way for enactment of a major new act named “Individuals with Disabilities Education Act” (IDEA). This gave students with disabilities what they needed to help them reach their full potential. Special education services were now being made available, such as interpreters, or assistants. This difference helps students fit in with their peers, and helps them feel like they aren’t different. In addition, allows them to attend public schools and be put in classes that fit them and their education level. This case continues to impact the world. Many schools try to get away with not budgeting so much towards these programs, however, the courts have ruled that they have to. No matter what the excuse is anymore, schools have to find the resources and make them available for all the students. Because all students should be treated equal, no matter...
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...Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including the honest-services-fraud charge and sentenced him to 292 months in prison and ordered him to pay $45 million. U.S. Court of Appeals affirmed the conviction. The Supreme Court granted Skilling’s request that it hears the case. Final verdict: Fifth Circuit’s ruling upholding conspiracy conviction vacated; case remanded for further proceedings. Name of Case: Arthur Andersen LLP v. United States Page: 137 Court/Year: U.S. Supreme Court 2005 Facts: Andersen audited Enron’s publicly filed financial statements and provided internal audit and consulting services to the corporation. Andersen team had allowed Enron to engage in “off-balance-sheet” for accounting purposes so that it reflected positive returns, which is a violation under GAAP. Later, an Andersen partner began to destroy documents when he was instructed not to because it was against the policy. Andersen was indicted for intentionally persuading its employees to destroy documents. They violated Title 18 of the United...
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...and National Court Systems Tom Osterdock BUSN-420 January 20, 2013 James Powell The levels of the U.S. court system are complex but fairly simple. They start at the state level which is similar to the federal levels with the Superior or trial courts first. After that they go to the Appellate courts or Courts of Appeal. From there they would go to the State Supreme Court. After that it would go to the U.S. Supreme Court if it involves Federal Law or U.S. Constitutionality, it is their choice if they want to hear the case or not, otherwise the State Supreme court is final. In the Federal Court System it is set up as the foundation to the State court hierarchy. First we have the U.S. District Courts, then the U.S. Courts of Appeal, and finally the United States Supreme Court the highest court in the country. I am located in California, in this state we have about 12.5% of the population of the United States, there are 58 Superior courts one for each county. They are located in 450 locations in the state. They hear both civil, criminal cases, family, probate, and juvenile cases. There are approximately 2,000 judges and hear 10,255,360 filings and 8,733,177 dispositions annually. The next court would be the Courts of Appeal. California has divided these courts into 6 districts. I live in Kern County which falls under the 5th District located in Fresno county and covers nine counties including Kern county. They hear the contested decisions from the Superior Court decision by...
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