Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
¶ … agree court's decision? Is court's interpretation Article
There are a number of factors to consider when seeking to determine whether or not justice was served in the 2008 court case Sky Cast Inc. v. Global District Distribution. The crux of this case is that the plaintiff, which is based in Canada, was supplying light poles to the defendant, which is based in the United States, for several years prior to a dispute that arose in 2006. During that year Sky Cast Inc. delivered light poles to Global District Distribution's clients in Florida. However, the defendant claims that the poles were not delivered in a timely fashion, and that it incurred damages due to that fact -- which was also the primary reason it severed ties with Sky Cast Inc. despite owing the latter an $80,000 balance.
After considering a number of factors that were relevant to this case and to the nature of the relationship of the two aforementioned parties, it was determined that Sky Cast Inc.'s motion for summary judgment was valid, due to the fact...
These facts are not in dispute, not even by the defendant, which is why it appears that in this particular aspect of this case, justice was indeed served. However, Sky Cast Inc. also sought to legal action against Global District Distribution due to what it perceived as "negligent misrepresentation" on its part by dissolving its Florida-based company and relocating its headquarters to Kentucky under a slightly different name. In doing so, Global District Distribution avowed to Florida legal officials that the company had no outstanding debts. This case set a precedent in determining that negligent misrepresentation is actually a tort claim which is separate from breach of contract. Litigation for the latter may be pursued through Contracts on International Sale of Goods (CISG), while the former is determined by individual states. In that regards, it seems both logical and within reason that the court would rule out Sky Cast…
References
No author. (2008). "CISG Case Presentation" Pace Law School. Retrieved from http://cisgw3.law.pace.edu/cases/080318u1.html
In his joint article with Oleg Smirnov, "Drift, Draft, or Drag: How the Supremes React to New Members," Smith takes an even closer look at the Supreme Court and the history of its political (or interpretive) makeup. Specifically, these authors find that the Court counter-balances changes to its ideological makeup through the addition of new members by changes in the overall interpretative stances of opposing justices -- the addition of
But if Houston insisted that Plessy be enforced that is, if the NAACP sued a state to make its schools for black children equal to those for whites which Plessy did require then he could undermine segregation. (Jomills Henry Braddock. A Long-Term View of School Desegregation: Some Recent Studies of Graduates as Adults. Phi Delta Kappan. 259-61. 1984) He reasoned that states would either have to build new schools for
Decisions by School Superintendents Improper Attitude and Unprofessional Conduct of Teachers To educate a person in mind and not in morals is to educate a menace to society - President Theodore Roosevelt. That teaching is at one and the same time an intellectual as well as a moral endeavor, is an idea that is well entrenched in the minds of men since centuries past. The sayings of great teachers of ancient times bear
Statutory interpretation is indeed a crucial issue in English law and an aspect of the legal system which definitely is controversial and ambiguous at times. Professor John Willis memorably and successfully analysed statutory interpretation in a famous article written decades ago (1938), but which still remains relevant today. That article dictated that, "a court invokes whichever of the rules produces a result that satisfies its sense of justice in the
Supreme Court's recent decision to ban the execution of mentally challenged individuals raises important ethical issues. Judges must be able to determine if a person is indeed mentally challenged. While the legal system and psychology have made important insights into this issue, there is still some inconsistency in the definition and application of mental retardation in the judicial system. Accordingly, an analysis of the ethical principles underlying the issue
students opportunity discuss a key political science concept, show a basic understanding academic research reporting skills. Define "loose construction" and "strict construction" methods of constitutional interpretation, and describe how each perspective aligns with formal vs. informal methods of change. The 'strict construction' view of the Constitution has traditionally been aligned with conservatives such as Robert Bork who argue that "a judge interpreting the Constitution" should only consider "the words used in