Campbell v. Acuff-Rose Music, Inc. Brief By: Mehul Gupta Heading: Campbell v. Acuff-Rose Music, Inc. ✓ Supreme Court of the United States ✓ March 7, 1994 ✓ Appears on Page 569, and is 32 pages long ✓ Statement of Facts: Roy Orbison is the original content creator of “Oh, Pretty Woman, and 2 Live Crew is the group that parodied the song 25 years later. ✓ Roy Orbison's song “Oh Pretty Woman” written in 1965 was copyrighted and parodied for commercial value by 2 live crew. After initially requesting
McCaulley v. Nebraska Furniture Mart, Inc. Court of Appeals of Nebraska 21 Neb.App. 125, 838 N.W.2d 38 (2013) Facts: In April 2008, Richard and Michelle McCaulley went to Nebraska Furniture Mart, Inc. (NFM) to buy some furniture. The items selected were to be special ordered by NFM and the total price was quoted at $10,770.70 through the phone by a sales associate. The McCaulleys accepted the price and paid a deposit of $3,500 by credit card. However, no documents were signed to finalize the deal
but, a non-compete covenant must be laboriously drafted to follow the state’s regulation in order to be enforced in court. There is an enormous discrepancy when it comes to cases that deal with non-compete agreements since it deals with revising if the non-compete agreement was lawful to begin with; courts do not have a consistent approach to this. A lot of companies request the courts to enforce the covenant but, in most cases, the agreement is unenforceable due to the unethical and unlawful
night in question based off of pass arrest records . In a motion in limine Reyes ask for the exclusion of the evidence presented by the defense. The trial court, however denied the plaintiff’s request and ruled in favor of the defendant. The plaintiff, Reyes,
Citation: Florida v. Jardines/ Supreme court of Florida/ 2013, 133 S. Ct. 1409 Facts: On November 2006 the Miami-Dade police department received an anonymous tip that the home of Joelis Jardines was been used to grow marihuana. On December 2006 two detectives along with a trained drug sniffing dog approached Jardines home. At the front door the dog signaled for drugs, as well as the detective who smelled the marihuana coming from inside. Detectives then wrote an affidavit and obtained a search warrant
The Texas court system is structured and well organized but might seem quite confusing at first. There are different types of courts in Texas, which are the municipal courts, county courts, county courts of law, district courts, appeal courts, and the highest courts. All of which contribute to the state of Texas and help the community establish a well organized place to live upon. These court systems play a huge role in the safety of the citizens. There are Local Trial courts of limited jurisdiction
Nollan vs. CCC Abstract of: 483 U.S. 825, 97 L. Ed.2d 677 James Patrick Nollan, et ux., Appellant v. California Coastal Commission. Case Definition: The case is Nollan versus the California Coastal Commission. The Nollans were the appellates against a decision made by the California Coastal Commission (CCC). The Nollans had been leasing a property on the California coast with which they had an option to buy. The property lies directly at the foot of the Pacific Ocean and is a prime piece of
development of Administrative Law in a welfare state has made "Administrative Tribunals a Necessity " Administrative tribunals are authorities outside the ordinary court system, which interpret and apply the Laws when acts of public administration are questioned in formal suits by the courts or by other established methods. They are not a court nor are they an executive body. Rather they are a mixture of both. They are judicial in the sense that the tribunals have to decide facts and apply them impartially
employment, because of such individual’s... ... middle of paper ... ...e Court under Title VII of the Civil Rights Act of 1964 in Harris v. Forklift Systems, Inc. (1994), and the employer can be held vicariously liable under the standards of Burlington Industries, Inc. v. Ellerth (1998), so she should prevail in her case against her employer. Works Cited Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (U.S. Supreme Court 1998). Colorado State University-Global Campus. (2014). MGT 515-1 Module
one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were
sought equitable remedy, claiming she did not understand the nature of the transaction and did not receive any independent legal advice. Supreme Court of South Australia: On grounds of undue influence, misrepresentation and unilateral mistake, Mrs Jones was entitled to equitable relief from the guarantee she signed. Yerkey appealed. In the High Court: Mrs Jones acted as a guarantor for her husband because he persuaded her and she did not understand the effects of the transaction. Dixon J expressed
...eversed and remanded back to the trial courts. One drawback to the court systems that is evident in this case is the length of time required to reach the state Supreme Court. The Supreme Court decision occurred almost seven years after the trial started, only to be sent back to the trial process. Bibliography 1) Beatty, Jeffery and Samuelson, Susan. Legal Environment, 2nd Ed. Thomson: Southwestern West, 2005. 2) Colorado Supreme Court Ruling. Retrieved on March 27, 2005 from
that the court had erred in dismissing her claim of negligence. The court also ruled that the language of section 3-108(b) of the Tort Immunity Act meant that complete, unconditional immunity was to be offered if supervision was present. As a result of this interpretation, the issue of if the lifeguards had committed willful and wanton misconduct was rendered irrelevant. Since the issues of material fact raised by the appellant weren’t actually issues of material fact, the Supreme Court affirmed
Supreme Courts, the Court of Criminal Appeals and the Supreme Court of Texas. With the two separate Supreme Courts in its state government benefits are clearly displayed, but negative aspects are also clear here as well. I will describe what these two courts do for the state of Texas and I will tell of aspects I will leave be due to the benefits they provide but, I will also list changes to be made to fix the negative effects two Supreme Courts bring in this state. First, what is the Court of Criminal
of persons exists, however; there are several precedents that has been set hence, the legitimate expectations of police officers. When a Court conducts a judicial review it can only look at the process in which the decision was made to ensure that all the proper steps was taken. It can also determine if the authority was fair in its decision only. If the Court is satisfied that this was done then the person has no case. A reviewing board may set aside an administrative decision if it is found
and related relief. The Supreme Court, Bronx County, Silver J. , vacated ex parte order of attachment against defendants’ real and personal property. The son appealed to the Supreme Court, Appellate Division. Justice Sullivan held that the son was entitled to attachment of defendant’s property in light of evidence that they had disposed of or secreted son’s money, with intent to defraud son. The Supreme Court, Appellate Division, reversed the decision of the lower court. STATEMENT OF FACTS: Richard
Tennessee v. Reeves. 917 S.W.2d 825 (Supreme Court of Tennessee, 1996) On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger's drink. After that , they would steal Geiger's car and drive to the Smoky Mountains. On the
Summary The Ward versus Polite case came to the Sixth Circuit United States Court of Appeals in 2011. The appellate case results from the 2010 lawsuit which the plaintiff lost. Both cases involve a self-professed Christian student, Julea Ward, in her third year of the Eastern Michigan University School Counseling program in 2009. As part of the program, all students are required to work at the university’s counseling center for 100 hours. Mrs. Ward was presented with a case file in which a student
On February 11, 1983 Robert Augustus Harper, Jr., filed Amicus Curiae on the case of Joyce Bernice Hawthorne v. State of Florida, 740 So.2d. 770. This was the third appearance of Hawthorne in the First District Court of Appeal of Florida for First degree murder, second degree murder and now manslaughter. The question raised in the Hawthorne v. State amicus was related to the expert testimony of Dr. Lenore E. Walker, a Clinical Psychologist with extensive involvement in the study and research of
The Appellate Process The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not