The case of the haunted house that was sold without notifying the seller then property was haunted is Stambovsky v. Ackley. Ackley had made previous reports of existing ghost in the house to Readers Digest and local newspapers. Neither Ackley nor the real estate broker revealed the haunting to Stambovsky before he entered a contract and made a $32,500 down payment. When Stambovsky became aware of the haunting story he filed a case based on fraudulent misrepresentation. His argument was that Ackley purposely withheld information in regards to the house to benefit from the sell. Stambovsky was requesting rescission from the contract of sale and damages for fraudulent misrepresentation; he failed to attend the closing which cause him to forfeit
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
This case study examines various real estate contracts – the Real Estate Purchase Contract (REPC) and two addendums labeled Addendum No. 1 and Addendum No. 2 – pertaining to the sale of 1234 Cul-de-sac Lane in Orem, Utah. The buyers in this contract are 17 year old Jon D’Man and 21 year old Marsha Mello; the seller is Boren T. Deal. The first contract created was Jon and Marsha’s offer to purchase Boren’s house. This contract was created using the RESC form, which was likely provided by their real estate agent as it is the required form for real estate transactions according to Utah state law. The seller originally listed the house on a Multiple Listing Service (MLS); Jon and Marsha agreed that the asking price was too high for the neighborhood (although we are not given the actual listing price), and agreed to offer two-hundred and seven-thousand dollars ($207,000) and an Earnest Money Deposit of five-thousand dollars ($5,000). Additionally, the buyers requested that the seller pay 3% which includes the title insurance and property taxes. After the REPC form was drafted, the two addendums were created. Addendum No. 1 is from the seller back to the buyer, and Addendum No. 2 is the buyer’s counteroffer to the seller.
In this case entitled Gulash v. Stylarama there was a contract entered regarding the construction of pools. The pool was built and constructed but after a period of time the pool began to tilt, in which that’s when Gulash decided to sue Stylarama. The suit was that Stylarama violated provisions of article 2 of the UCC (Uniform Commercial Code). Due to the fact the cost of the materials and the labor were not written out in detail but instead of in a lump sum it would make it hard to come up with a sum for the exact cost of the damages. Furthermore, since this is a contract with a mix of goods and services, article 2 of the Uniform Commercial Code would not apply the services only to the goods but the common law would to the services. And
The 14th Amendment of the Constitution states that the State shall not deprive any person equal protection of the laws. When equal protection is guaranteed, the outcome must be fair; in other words, substantive justice must be present. Based on this interpretation, McCleskey v. Kemp should be overturned because McCleskey’s death was a racially biased and unfair outcome that was not constitutionally protected by the Equal Protection Clause of the 14th Amendment. Justice Blackmun wrote in his dissenting opinion that in order for McCleskey to prove his innocence and the presence of a racially discriminatory criminal sentencing procedure, he had to meet a three-factor standard. First, he had to prove he was a member of a group that has historically suffered differential treatment. Second, McCleskey had to establish the extent of this treatment. Last, he had to prove that the process by which the death penalty was chosen was open to racial bias. McCleskey met all three prongs of this standard, and even though the Court’s decision denied his claim that he was not guaranteed equal protection, there is enough evidence to prove the selection process was not racially neutral and that a violation of the 14th Amendment was present. Furthermore, Justice Kennedy’s idea of “evolving standards of decency” in Roper v. Simmons (2005) demonstrates that the growing national consensus is against the death penalty and therefore in favor of equal protection for all persons.
In Tim Seibles' poem, The Case, he reviews the problematic situations of how white people are naturally born with an unfair privilege. Throughout the poem, he goes into detail about how colored people become uncomfortable when they realize that their skin color is different. Not only does it affect them in an everyday aspect, but also in emotional ways as well. He starts off with stating how white people are beautiful and continues on with how people enjoy their presence. Then he transitions into how people of color actually feel when they encounter a white person. After, he ends with the accusation of the white people in today's world that are still racist and hateful towards people of color.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action. Due to these violations the ruling on the Schneck v. United States case should be overturned in order to protect the right of free speech and protest to all citizens.
A Lithuanian lawyer is sought to read over the contract. for the purchase of their house. Jurgis is suspicious when the lawyer and the agent are on a first-name basis. However, when the lawyer tells him that it is a legal and fair document, Jurgis. believe him to be true. The lawyer does not tell him of the loopholes that will eventually lead to the loss of the house.
Do you know that notifying your fellow Americans of their constitutional rights was a Federal crime? Well it was during World War One (WWI). In the case Schenck v. the United States, schenck tried to remind his fellow Americans of their constitutional rights and also let them know that the draft was being used as a form of militarized slavery. This case contained men who his right was taken away after he tried to get the military draftees to fight against the draft. However Congress took his right of speech away when it was arrested and convicted of violating the Espionage Act of 1917. This was the time the WWI one had broken out, the government need men to fight. They were short staffed for that to work and they need man to fight this war so the military started selecting citizen randomly to draft. Schenck fought against this draft saying this in a way it was like slavery.
In order to highlight all aspects of People v. Smith, 470 NW2d 70, Michigan Supreme Court (1991) we must first discuss the initial findings of the Michigan Court of Appeals. The Court of Appeals decision was based on the precedence of two similar court cases that created discussion concerning the admission of juvenile records into adult trials. Following the Court of Appeals, the Michigan Supreme Court entered the final decision on Ricky Smith’s motion for resentencing. The Michigan Supreme Court also conducted a thorough examination of People v. Jones, People v. McFarlin, and People v. Price to determine the outcome of Smith’s motion to be resentenced.
“MURDER CASTLE OF H.H. HOLMES! EXCERPT FROM "HAUNTED CHICAGO” N.p., 2003. Web. 03 Mar. 2014.
There was this rundown, old split-level on the edge of the town owned and inhabited by a young couple. This young couple did not have much money so they had to rent out the basement. The tenant that lived in the basement was a short, old man by the name of Louis. Louis lived there for about a year, but he NEVER came out of the basement. He NEVER answered the door during rent collection but just slid it through the mail slot. After a year, the couple was considering evicting Louis, mostly because they had a fear of Louis and his shady activities in the basement. Also, the couple was due for a baby in the upcoming year and they felt it was best for Louis to go. Louis did not respond well to the eviction however. So, when the couple was cleaning out the apartment, for another tenant, a skeleton fell out of the closet and landed on the floor with a loud CRASH! The couple ran out and called the police. After the whole thing with the police was sorted out, the couple moved out. More families would move in, but on the anniversary of the eviction, the Ghost of Louis would appear and haunt the inhabitants of the house, causing them to move out. The cycle continues today, and no one has seen Louis ever again, but rumor is he died after that eviction.
Sarty’s father, Abner Snopes is accused of burning down a barn and Sarty is called upon to testify against his father and to tell the events of what happened. He wants to tell the truth because it is the right thing to do, but he knows he might have lie to save his father from being reprimanded. To his relief, it is decided that Sarty will not have to testify and is dismissed from testifying. It is decided by the Justice of the Peace to order Abner and his family to leave town at once.
A month after they left news started to get around about the house. News reporters, scientific investigators, demonologists, and clairvoyants were in on the story. Even the famous team of demonologists, Ed and Lorraine Warren, made an appearance. Within their investigations, every paranormal researcher said they felt an unexplained negative energy in the house (Anson 302-303). George Lutz made it known to reporters that he nor his family would ever go near the house again. (Anson 302)
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.