Facts: Colbyn (plaintiff) went shopping at Kennedy’s, Inc (defendant), a clothing store. Colbyn was 70 years old and wearing an ascot when he entered the store. He purchased a sport coat which he left for alterations. When leaving the store, Colbyn stopped at the front door to put on his ascot that he had placed in his pocket while picking out the sports coat. Goss, an employee of Kennedy’s, stopped Colbyn from leaving by putting his hand up and asking where the Colbyn got the ascot. Colbyn
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I. Style of the case: Stanford v. Kentucky 492 U.S. 361, 109 S. Ct. 2969, 106 L. Ed. 2d 306 (1989). II. Statement of Facts: Kevin Stanford committed the murder of Barbel Poore in Jefferson County, Kentucky on January 7, 1981, when he was approximately 17 years and 4 months of age. Stanford and his accomplice repeatedly raped and sodomized Poore during and after their commission of a robbery at a gas station, where Stanford shot her pointblank in the face and then the back of her head. A Kentucky
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Stella Artois is suing our client, Phil Urquel, claiming negligence based on Mr. Urquel shooting Ms. Artois in the face with a potato launcher. Michigan allows a defense to negligence when the plaintiff, as a result of consuming alcohol suffered from an impaired ability to function as a result of consuming alcohol. Michigan courts generally find that when a plaintiff has become voluntarily intoxicated and freely engages in behavior that puts himself/herself and others at risk, the plaintiff can be
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In Silverman v. Budnick, 828 So. 2d 389 (Fla. 2002), Budnick wanted to become pregnant through the “conventional form” instead of using ART. So, she approached her friend Silverman to be the biological father. The parties entered a preconception agreement determining that if Budnick became pregnant by Silverman, she would be fully responsible for the custodian and the expenses. The contract stated that Silverman’s name would not list on the birth certificate, and, in this way she would not initiate
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the facts of the case would lead a person of ordinary prudence to believe and conscientiously entertain a strong suspicion, that that person is guilty of the crime charged. In re McCarty, 140 Cal. App. 473, 474 (1934). Since all valid inferences drawn by the magistrate must be in favor of the information, there must be some
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Client Interview & Case Briefs; Analogizing/Distinguishing Unit 4 Assignment Kimberly Glackin PA205-04 Kaplan University Professor Hermes September 14, 2012 Case Brief #1: Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976). Facts: The plaintiff was terminated from the Lovington Good Samaritan Center, Inc. on June 4, 1974. On June 12, 1974 Mrs. Mitchell applied for unemployment benefits and was denied seven weeks of benefits by the Unemployment Security
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Levi Strauss & Co. V. Abercrombie & Fitch Trading Co. 633 F.3d 1158 (2011) FACTS: Levi Strauss has stitched a design on the back pockets of its jeans since 1873. Levi Strauss holds multiple federally registered trademarks on this bow-shaped design, an “Arcuate”. They are required to actively monitor competing designs and enforce its trademark rights. In 2005, Abercrombie & Fitch attempted to register a “mirror” image stitching design for use on certain products. Levi Strauss argued that this design
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Statement of the Facts: In pursuant of information, three Cleveland police officers came to Miss Mapp’s (“petitioner”) house. The officers had been informed that a person who was wanted for questioning regarding a connection with a recent bombing was hiding in the house and also that there was large amount paraphernalia being hidden in that house. Upon their arrival, the officers knocked on the door and asked to let them in the house. The petitioner, after calling her attorney, refused to let them
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before the Supreme Court on Monday, the first day of oral arguments since the death of Justice Antonin Scalia. The court has been weakening the Fourth Amendment’s defense against illegal searches for years. Monday’s case gives the justices an opportunity to restore some of its power. The case, Utah v. Strieff, started in 2006, when the Salt Lake City police got an anonymous tip reporting drug activity at a house. An officer monitored the house for several days and became suspicious at the number of people
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Now that the details of the case as well as the arguments for each side have been discussed the case must be decided. The proximate cause of the injury is the defendant’s product the Taurus. The Taurus is the proximate cause due to the foreseeability test. Proximate cause is determined by whether the injury was foreseeable Hastings for Pratt vs. Seegars fence Co. 128 N.C.App. 166. The defendant should have foreseen that the bad design of the seatbelts could lead to injury in the event of a crash
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