voluntarily proceeds in that activity. There is substantial uncertainty as to the status of the assumption of the risk doctrine in Pennsylvania. Which party bears the burden to establish these elements is currently the subject of debate in Pennsylvania courts.
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Fairness Flexibility As time changes, our values and our thought of fairness changes so the law has to flexible enough to change with society Brown v. Board of Education (1954) U.S. Supreme Court Brown V. Board of Education (1954) Plessy v. Ferguson (1896) U.S. Supreme Court Separate but Equal $ Caucasian Students $
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Christchurch, where they had lived together for the previous 20 years with their two children. Ms Clarke succeeded in the High Court. Ms Takamore, sister of the deceased, appealed the decision to the Court of Appeal, which upheld Ms Clarke’s right to dispose of Mr Takamore’s body. The Supreme Court (“The Court”) granted Ms Takamore leave to appeal from the Court of Appeal. Ms Takamore claimed that Mr Takamore should be buried according to Māori burial custom, which provides for the return of
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basis. The Tax Court disallowed such increase in basis. Issues: The issue is whether the shareholder-guarantors should add a pro rata share of the loan to their adjusted basis and deduct operating losses to the extent of the basis. Court holdings: U.S Court of Appeals affirmed the Tax Court decision, concluding that shareholders’ basis in stock wasn’t increased by personal guarantees given as collateral and proportionate shares of NOL was limited to initial investment. Analysis and Discussion:
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refuse to pay her fee and she sues to collect. Problem or Issue: Who will win the lawsuits, and why? Apart from the law, was it morally right for the law student to try to help out by drafting the lease, and why? Was she acting helpfully, or foolishly, or fraudulently? Is it just for you to agree to her fee and then refuse to pay it? What is society’s interest in this dispute? Should a court be more concerned with the ethical issue raised by the conduct of the two parties or with the social
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Bruesewitz v. Wyeth, LLC, 131s.Ct. 1068, 179 L.Ed.2d 1 (2011) Issue: Defendant Hannah Bruesewitz was given a vaccine distributed by Wyeth LLC at the age of six months. Within 24-hours of the vaccine entering her body, Hannah began to have an extraordinary amount seizures and over the next month would have over one hundred and be diagnosed with residual seizure disorder and developmental delay. Hannah’s parents filled a claim for relief under the NCVIA, and got denied. They then moved forward by
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IRAC Brief The Michigan Court of Appeals heard a case that involved the legality of forcing employee’s “to pay union dues or fees just to keep their jobs, despite the fact they do not belong to the union nor sought the union's so-called representation” ("Workers Defend Free Choice For Workers Against Spurious Union Boss Legal Challenge", 2014). The court ruled in favor of Michigan’s Right to Work Law that states, employees are not required to pay Union dues. The court stated that “the state had
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Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for
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select a topic, and I would suggest that this be done promptly, stop by my office to discuss your research endeavor. Track A: Issue-centered paper. Those choosing this track will research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics
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to pursue Charter litigation “in an effort to influence the course of judicial policy development to achieve particular policy goals” (Manfredi, 2004,10). Interest group litigation has given LEAF another avenue to evoke change within the Supreme Court of Canada and society as a whole. LEAF has become one of the leading feminist equality rights interveners, working to ensure that section 15 rights are upheld to the fullest extent. Through their participation
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