...Article http://usatoday30.usatoday.com/news/court/2001-03-19-pizza.htm USA TODAY 03/19/2001 PAPA JOHN'S WINS A ROUND OVER PIZZA HUT WASHINGTON (AP) — Papa John's says its pizza is better than Pizza Hut's because it uses superior ingredients. On Monday, the Supreme Court declined to hear Pizza Hut's argument that the claim should be considered false advertising. The court, without comment, turned down an appeal by Pizza Hut, which won — and then lost — a false-advertising lawsuit against Papa John's. Pizza Hut said it should not have to prove that its rival's ads actually affected people's choices on what pizza to buy. Papa John's officials expressed relief that the case had concluded. "We obviously feel vindicated in this," said Karen Sherman, spokeswoman for the Louisville-based Papa John's. "This battle is over now." Pizza Hut president Mike Rawlings said, "No advertiser has ever been able to defend a campaign that is deceptive on the basis that the public doesn't care. We are disappointed the court did not seize this opportunity to clarify this matter for the benefit of consumers and responsible advertisers alike." Pizza Hut is the nation's largest pizza chain, and Papa John's is the third-largest. In 1995, Papa John's adopted a new slogan: "Better ingredients. Better pizza," and later it started a major national advertising campaign using the slogan. One of the ads boasted that Papa John's "won big time" in taste tests against Pizza Hut...
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...Unit Three Assignment James Norris Kaplan University CJ499-01 Professor Johnson January 26, 2016 Scenario: Police Officer Jones, in full uniform, was walking the midnight shift in a high-crime area at approximately 2:00 AM and is approached by a civilian who told Officer Jones she had been robbed and beaten by someone wearing a red shirt and white pants. The victim’s shirt was blood soaked from a severe laceration to her head and lip. She said the perpetrator was wearing a ski mask so she was unable to determine the gender/sex of the individual, as well as the race/ethnicity. However, she was able to inform Officer Jones that the perpetrator was approximately 5’8” tall and had a gun. The perpetrator stole her wallet and was holding it when he/she fled the scene, which was only a minute or two earlier. Officer Jones called for medical assistance and for backup as well. While waiting with the victim for medical personnel to arrive, Officer Jones spotted an individual that partially fit the description about a block away from the scene. Though it was very dark, Officer Jones observed the white pants and dark shirt. Officer Jones walked toward the individual, leaving the victim unattended. Medical and backup had not arrived. When Officer Jones was approximately 20 feet away, he identified himself as a police officer and told him in a loud, clear voice, “Stop, Police! However, the individual refused to comply with Officer Jones’s commands and continued to walk away from...
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...Administrative Law August 13, 2012 Dr. Danette O’Neal Abstract This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of Navy ships terminated Korb because they viewed his comments as contrary to the success of their business operations. This report will explore the challenges presented by the freedom of speech, freedom of information and employment law and their impact on the outcome of the case. Korb v. Raytheon Case Analysis In Korb V. Raytheon, the defendant (Raytheon) was a large equipment manufacturing company for the U.S. military. The Plaintiff, Lawrence Korb was employed by Raytheon as a Vice-President at corporate headquarters based in Washington, D.C. According to Masscases.com, in December 1985, Korb joined a non-profit organization called the Committee for National Security (CNS) in the capacity of an executive board member . Prior to this he was employed as an assistant Secretary...
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...University of Phoenix Material Foundations of the U.S. Federal Government Worksheet Complete the chart below by identifying the three branches of government and their entities. |U.S. Constitution | |[pic] | | | | | | | |[pic] [pic] [pic] | | | | | | | | ...
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...accordance with the law. From the bottom up, the police officers making arrests should not violate the rights of an individual or take law into their own hands. Any misconduct by the police will cause the public to loose trust in them. Then the prosecutors and defense attorneys must work in accordance with the law and make sure a defendant is given all the rights under the law and should not do anything to violate the rights of the individual. At the judicial level, the judges must keep personal feeling out of the courts and avoid any misconduct that might cause a reversal of the charges in appeal or cause the public to question and doubt the justice system. * * A man named Michael Wayne Hash was the victim of a prosecutorial misconduct case back in 2001. Michael was convicted of murdering a 74 year old grandmother. Michael was convicted of capital murder after prosecutors made deals with three other men that were tried and convicted of the same case. In this case, the prosecutors withheld or concealed evidence that could have freed Michael * of the charges against him. Prosecutors did not disclose to the defense council that the accusers against him failed polygraph exams and had made deals to testify against him. There was no DNA match to Michael from the crime scene and the five different fingerprints found on the scene was not a match to Michael. A federal judge threw away the conviction after all the misconduct was discovered and admitted to the judge by the innocence...
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...SMITH, APPELLANT, v. The STATE OF WASHINGTON and Bob Ferguson, Attorney General of Washington, APPELLEES Unites States Supreme Court. I. Introduction The issue presented in the appeal is whether the State of Washington’s murder statute can proscribe a cryogenic company from cryogenically freezing a living human being who is terminally ill when he requests to be cryogenically frozen in order to save his life. Specifically, the appellant asserts that the Fourteenth Amendment’s Due Process Clause guarantees the right to privacy and acting under no undue influence the right to be voluntarily cryogenically frozen by a cryogenic company one month before his death. Appellant accordingly challenges the constitutionality of RCW 9A.32.030, which makes it a felony to plan, intend and cause the death of another person. We conclude that a terminally ill adult has the right to be voluntarily cryogenically frozen because a cryogenic...
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...jurors were asked if any of them had family members who had been diagnosed with breast cancer. One juror did not respond, but it was later discovered that his wife had died of breast cancer several years earlier. The juror claimed that he had not heard the questions about cancer. The jury returned a verdict in favor of the physician. Hummel filed a motion for a new trial on the grounds of juror misconduct because the juror had failed to respond truthfully to questions and be attentive to the trial as required by law. The court most likelyAnswer | | | | | Selected Answer: | granted the motion for a new trial because of the jurorÕs untruthful answer and inattentiveness to the proceedings. | Correct Answer: | granted the motion for a new trial because of the jurorÕs untruthful answer and inattentiveness to the proceedings. | | | | | Question 4 0 out of 1 points | | | A long arm statute allows a court in a particular state to exercise jurisdiction overAnswer | | | |...
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...would have some women that have “said that they have taken it”, having all of us watching the show believe it. We all would love to get rid of a little something so this is very appealing to us all. We really believed that we would get rid of a little extra fat. Listening to him promote this we figure that everything he says work. Here we have the false cause! Take a good look. Now we watched Dr.Oz on his show promoting the weight loss pill and how good it work. We was so excited that we all was thinking about ordering this until we watched the news and look who was on television for false advertisement. Dr. Oz had to go to court in Washington and was scolded by the Chairwoman Claire McCaskill for some claims he had made about the weight loss aids. The green coffee bean extract was the miracle pill for everyone and it works. The chairwoman called out Dr.Oz by saying why would you promote something if you know it’s not true. Dr. Oz replied by saying he is a cheerleader for his audience and offers hope to see if there is another way of healing. The federal Trade Commission is cracking down on fraud cases and they have filed 82 false or unsubstantiated claim actions against the makers of weight loss...
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...Rough Draft Chad Coble 1-14-2014 ENG-102 Growing up, everyone is told that, “Drugs are bad for you,” time and time again. When you are a kid you don’t really understand the reasoning behind it, but you listen to your elders regardless. I remember being told this my entire life and even to this very day. But when I got older I realized that people would still use drugs even though it’s illegal. I could never understand why someone would go against the law and risk there future just to use drugs? The drug that I am talking about is marijuana, and surprisingly it is all around us. Marijuana is even referred to in today’s media Mainstream media sources that people enjoy, like music, movies, and TV shows, do not even bother to leave the drug out of their system. Now being a young adult and having my own personal experience with the drug and knowing its effects on others, I wonder why it’s not legal. Why is it that this drug has become illegal all over the world? The debate to legalize marijuana in the United States of America has been fought over nonstop since the existence of the drug and its effects. Marijuana has been tested and proven to provide a very positive impact on the American society for many reasons. Some of these reasons are for America’s economy, health and even crime. These reasons could very well help America thrive in the future and that is why Marijuana should be legalized in the United States of America. This naturally found plant known...
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...(Roman Code → Napoleonic code → Germanic Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal...
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...Guilty Until Proven Innocent: False Allegations of Domestic Violence Brian Burwell 0481195 Tesc; Oct 2011 AOJ-102-OL009: Intro to Criminal Justice 609-367-4317 bluntreality@gmail.com Abstract This paper examines the prevalence of false allegations of domestic violence within the criminal justice system; detailing how the accused are often viewed as guilty until they are proven innocent. In Part I, I will reveal the problems associated with false allegations of domestic violence, and why this topic is of importance to me. Part II will examine the flawed responses to these accusations that pervade the criminal justice system. Part III will explicate the incentives by vindictive people to make such claims – e.g. winning a divorce case, or receiving custody of the children. Part IV will review the statistical analysis of false domestic violence claims, and outline the cost to not only the accused, but the government as well. Lastly, in Part V I will summarize the topic by arguing that laws should be changed to reflect that some individuals use false allegations of domestic violence in a malicious...
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...Torture Produces False Confessions When it comes to the topic of whether torture is an effective means to gain information from terrorist, some of us readily agree that the use of harsh interrogation techniques and torture can lead to false confessions. Where this agreement usually ends is on the question of civilian safety and consequential terrorism attacks. Whereas some are convinced that these techniques are helpful, others maintain that confessions obtained while torturing an individual results in unreliable information. I disagree with the use of torture as an effective means to gain information from terrorist because of false information that will be given in order to stop the pain, thus, not helping in the defeat of an imminent attack and because there are other methods. In the perspective of war, torture has been justified as a means to extract information from the enemy in the cases where millions of lives are at stake or there are hostages involved. It is at this point where division is found in the debate of where torture is a good or bad, effective or wrong, and lastly necessary or corrupting. According to Webster dictionary, torture is defined as the action or practice of inflicting severe pain on someone as a punishment or to...
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...were involved in investigating and eventually backing the loan stated that there was “political pressure” from the Administration to push through the loan. (Howell, 2015, p.1) It is speculated that one of the reasons that the loan was pushed through was that many of the investors of the company were major political contributors to President Obama’s campaign fund. This is would be considered a conflict of interest and could cause undue pressure to the loan investigators. Solyndra, however, also lied to the many agencies involved. They were not truthful when they valued the contracts that they had for their product. Solyndra valued the contracts at around $2.2 Billion. This was a severe overstatement of their value. What was in fact the case was, the companies that Solyndra had contracts with were actually buying less panels than they promised and they were making under the table deals to pay lower SOLYNDRA AND BAD BUSINESS DECISION...
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...Because of this, some of the working days fell on the former- employee’s religious holy day. The employee in question quit shortly after the implementation of the new rule. The former employee has filed a constructive discharge claim because of the newly implemented rule. As part of my research, a constructive discharge claim occurs when an employee claims that their working conditions were so intolerable that he/she was forced to quit (Alexander Hamilton Institute, 2011). The plaintiff (our former employee) in this case will need to be able to show the Court that working conditions were not tolerable and forced him/her to resign their position on the production floor. In addition, the plaintiff will need to show prima facie evidence that the said discrimination actually occurred (legal-dictionary, 2014). In a case, Gregory Lawson vs. State of Washington 2002, it pointed out three important Prima Facie evidences that would be necessary for this type of a case, the plaintiff has a genuine religious belief that conflicted with their duties, the plaintiff informed their employer of their beliefs, and the company/employer subjected the plaintiff to discriminatory treatment (Caselaw.findlaw.com, 2014). Based on the information that has been obtained and the current...
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...Goldstein defined police corruptions as “acts involving the misuse of authority by a police officer in a manner designed to produce personal gain for himself or for others” (Washington DC: The Police Foundation, 1975, p. 3). Police corruptions has two key elements, one is the misuse of authority, the second to personal gain. A gratuity is a type of corruption that police are involved in. Gratuities are the type of corruption in which an officer will receive something free or a discount on purchases. Amazingly there are some police departments that prohibit gratuities and there are others that do not prohibit it. Another type of police corruption is police receiving bribes. An example of bribe is, when a police officer receives money for not giving a traffic ticket. Theft and burglary is yet another type of police corruption. Brutality and corruption is an important issue. An example of brutality and corruption is, when officers would beat and steal drugs from drug dealers and sell them to other drug dealers or even other officers. Police brutality is a very severely issue. When a police officer commits brutality, that officer is not the only person who gets in trouble. The police department would go to court if the victim decides to press charges on the officer and the police department. There have been different cases in last ten year in which...
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