In this divorce case, we determine whether the evidence presented to the trial court sufficed to set aside a written property settlement agreement on the grounds of unconscionability and constructive fraud or duress. Sandra Derby argues that the trial court erred in holding the parties' separation agreement invalid since George Derby did not prove fraud, duress, or undue influence. She also argues that George Derby did not prove adultery by clear and convincing evidence and that the judge therefore erred in awarding Mr. Derby a divorce. George and Sandra Derby were married April 19, 1961. In twenty-two years of marriage they had two children. Mrs. Derby filed for divorce on October 6, 1983, alleging cruelty. On October 14, 1985, Mr. Derby filed a cross-bill alleging adultery by the wife on several specified occasions. She amended …show more content…
Mrs. Derby went to the beauty shop owned by the couple to contact her estranged husband. She took with her a copy of a property settlement agreement drafted by her lawyer which provided for an equal division of most of their property. Both parties had employed attorneys. Although the separation agreement had been delivered to Mr. Derby's attorney the prior Thursday, Mr. Derby had not conferred with his attorney concerning its contents. Mrs. Derby called her husband into the parking lot where, after briefly discussing the agreement, the paragraph providing for equal division of the property was stricken and Mrs. Derby wrote in, "Husband agrees to relinquish his portion of property located at 1824 E. Ocean View Ave., and to sign ownership of property over to his wife at earliest possible date." Both then signed the agreement in the parking lot on the hood of a car. Mrs. Derby secured a deed conveying the Ocean View Avenue property to her, which Mr. Derby signed before a notary public at 4 p.m. that afternoon. Mr. Derby did not consult his attorney concerning the agreement or deed prior to their
Renee Heikamp, 19, and case worker from the Catholic Children’s Aid Society (CCAS), Angie Martin, were charged with criminal negligence resulting in the 1997 death of newborn baby, Jordan Heikamp. The charges were dropped shortly after Jordan’s death, due to a lack of evidence from the investigation of a 63-day inquest. (CBC, 2001). Renee Heikamp and her baby were residing at the Anduhyaun shelter that services Aboriginal women fleeing abuse during the time of his death. Jordan Heikamp had starved to death, weighing only 4 pounds, 4 ounces less than what he weighed at his pre-mature birth, in May 1997; a photograph shown to witnesses at the inquest revealed the corpse of the baby who was little more than a skeleton.
A well-nourished, well-developed Hispanic female named Anna Garcia standing at 65 inches, 165 pounds and in her late thirties was found dead in her house after her concerned neighbor Doug Greene was suspicions as to why she didn't take her dog out like she did normally, and why the dog was barking constantly for two hours. The police received a call from Greene on August 31st at 9:45 am and arrived at the crime scene at 9:56am.The police found Anna lying face down in the hallway. Authorities observed a pool of blood around her head and some vomit beside her. It was 73 degrees inside Anna’s house, while it was 92 degrees outside. Anna was last seen alive by her former husband, Alex Garcia the night before her death. Investigators measured her rectal temperature, and came to a conclusion that she died at 7:00 am in that same morning. A medical examiner was also called to perform an autopsy to see what really caused Anna's death.
When conducting research for my project, I came across a website that contained a few primary sources regarding the Salem Witch Trials. One of these primary sources was the photo of a legal document explaining the death warrant and reasons for execution of a woman named Bridget Bishop. Bishop was claimed to be a witch in Salem during the year 1692, and the document explaining her significance involving witchcraft resides in the Peabody Essex Museum in Salem, Massachusetts. My thesis for this primary source is that the judge and jury believed they were seeking justice by executing Bishop, a woman whose death was truthfully based on her differences as a person rather than actual crimes she committed.
The Casey Anthony case was one that captured the heart of thousands and made it to the headline of national TV talk shows, newspapers, radio stations and social media networks for months. The root of the case was due to a clash between the parental responsibilities, the expectations that went with being a parent, and the life that Casey Anthony wanted to have. The case was in respect to the discovering the cause of Casey’s two-year-old daughter, Caylee Marie Anthony’s, death; however the emphasis was placed on Casey and her futile lies, which resulted in a public outcry. The purpose of this essay is to delve into the public atmosphere and inquire about why the media and social media collectively attacked the case by uncovering the content of the case, the charges that were laid, and later dismissed, the “performers” of the trial and the publics reaction. It will further discuss how it defies universal ideologies and how the media represents this. The discussion of the complexities of the case and its connotations will incorporate Stuart Hall’s Representation and the Media, Robert Hariman’s Performing the Laws, What is Ideology by Terry Eagleton, The Body of the Condemned by Michael Foucault, and a number of news articles, which will reveal disparate ideas of representation in the media, and the role of the performers of the law and their effect on the understanding of the case.
‘’I’m going to get away with murder. I’m a Kennedy.’’ Michael Skakel thought he had everything under control. For the Moxley Family their next door neighbor turned out to be their worst nightmare. It was up to the jury to decide the fate of the killer, perhaps technology persuaded them one way or the other.
On October 19, 1927, a “feebleminded,” young woman was robbed. This young woman’s name is Carrie Buck and her ability to conceive children was taken from her without her consent or knowledge. This decision would not only impact those already affected by unauthorized sterilization, but for those whom would later be sterilized. The Supreme Court’s ruled the sterilization of Carrie Buck to be constitutional on the grounds of it being better for society, better for the individual, and eugenic evidence.
Michelle Johnson of Pioneer State Mutual Insurance Company referred this file for medical case management. Instructions were given to meet with Megan Steele and assist with coordination of appropriate and related medical care, and identify needs to facilitate recovery.
3. Assuming that she was, a question whether the respective defendants, any, all, or who of them, were proper subjects for the injunction prayed, as holding the bonds without sufficient title, and herein -- and more particularly as respected Hardenberg, and Birch, Murray & Co. -- a question of negotiable paper, and the extent to which holders, asserting themselves holders bona fide and for value, of paper payable "to bearer," held it discharged of precedent equities.
Carla Washburn, an incredible, inspirational woman that has sadly witnessed the 3 closest male figures in her life all pass on. This has resulted in Carla becoming depressed over the unbearable experience. Carla embraced in giving back to the community and that’s not surprising because she’s a person of spirituality. While, Carla is the client and is suffering through grief, it’s likely she’d benefit immensely from creating a program to work with the kids in the community and may give her a sense of worth she’s been seeking since these 3 tragedies.
She promised her “a peaceful divorce.” What she received was a divorce in which she agreed to give her husband the property, the cars, and to pay her former spouse’s bills into the future, along with his future taxes.
As German philosopher Friedrich Nietzsche quoted “It is impossible to suffer without making someone pay for it; every complaint already contains revenge.” The defendant Mary Barnett has been charged with the crime of second degree murder of the death of her six-month-old baby. In some sense, a mother who killed her own child ,out of personal relationships, is obviously guilty. However, based on current evidence, the verdict could be arguable. Barnett qualified some criteria of a second degree murderer such as intentionally leaving Alison alone to die in their apartment. Due to her mental state, Barnett was not aware she was leaving her children instead thought the child will taken care of whey she was at California. It comes to the reason that Mary
Chung has been operating under what he feels are the established norms for his culture. Ted's relationship with the Taiwanese client exhibits the Chinese management principles of paternalism, particularism, and insecurity. The patron-client relationship is based in a sense of mutual obligation, where the client is expected to defer to Ted's expertise and Ted is expected to trade the account responsibly. (Moorhouse, 2005) Ted also used social networking to establish himself in the community which is expected in the Chinese culture. By attending events Ted increases his “visibility and prestige” which contributes to the face that is needed to be considered a trustworthy business partner in the Chinese community. (Moorhouse, 2005) Karen had trouble understanding these differences in culture which is the root of the problem in this case. As stated in the case study Ted was in his early forties were stable and responsible. Karen admitted that she didn’t really know the whole person (referring to Ted) but wrote it off to the fact that he was Asian and she was not. Karen would not be described as someone with much “Cultural Intelligence” defined by the text as “the ability to accurately interpret ambiguous cross-cultural situations” (Robert Kreitner, 2008) Figure 4-2 in the text defines the differences between Low and High-Context cultures with China being a very High-Context culture and North American countries being Low-Context. Below list the traits of each type culture:
Many people may know of the Casey Anthony trials that started in 2008. Casey Anthony was officially convicted guilty under the court of law in 2011 for what exactly? If Casey Anthony would stand right next to someone they would not even know her face but when people say her name they will know that instantly. Casey Anthony was arrested for the murder of her two year old daughter Caylee. She was also alleged to be charged with child abuse and fraud charges filed by Organ County. Years would go by without her even being put on trial for the chargers filed against her. The years she served before her trials will come back and help her in the long run with good time. Many people still think to this day along as with myself still think she is guilty, but there was poor evidence produced by the prosecutors. The vitric would stun everyone in the United States that was following the case in justice for the two year old girl Caylee. There were many noticeable risk factors that were following Casey Anthony while she was in in her late teens. There were many options of treatment programs available for Casey Anthony if her crimes didn’t act consecutively.
M. Pawlowski, 'Imputed intention and joint ownership - a return to common sense: Jones v Kernott (Case Comment)' [2012] CPL 149, 158
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.