Case Law Essays (Examples)

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Case Laws
PAGES 7 WORDS 2054

Slaughterhouse Cases, Takings Clause
PART I Slaughterhouse Cases

198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)

UNITED STATES SUPREME COURT

Joseph Lochner

The People of the State of New York

TALE OF AUTHORITIES

FACTS -- Lochner was convicted but he appealed to the Supreme Court and argued that the bakery labor law interfered with an employee's liberty to contract as guaranteed by the 14th Amendment.. The employee has the right to substantive due process of law.

A state law did not allow workers in the bakery business to work longer than 60 hours a week, willingly or not. Is this law consistent with the 14th Amendment? If so, which should prevail -- the citizens' right to contract the length of work hours or the state's right to control work hours?

ARGUMENT -- In a 5-4 decision, Justice Rufus Peckham ruled the akeshop Act was unconstitutional and reversed Lochner's conviction. The akeshop Act was an absolute interference t….


he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated that INA applies to all contact negotiations regarding all essential medical services. Additionally, under the Christian precedent, contract clauses that express a "significant or deeply ingrained strand of public procurement policy" are automatically understood to be in all government contacts, even if the clause is not overtly stated.

Holding of the Court

he Court found in favor of the VA, and against UCSF.

Court's Rationale or Reasoning for its Decision

UCSF had a long-standing history of negotiating with the VA. Even though the 1990 contract in question did not contain a specific defective pricing clause, previous contracts had included such a clause. Moreover, the stated intent of INA, which was intended to avoid excessive waste of taxpayer dollars, was already a "deeply ingrained" principle of….

criminal case brief; the case under study is the Sullateskee vs. Oklahoma State case. An analysis will follow to ascertain if the key issue, in regard to the verdict, was Mens ea or Actus eus.
Actus eus and Mens ea

The Latin term Actus eus means "the guilty act." In simple terms, it implies the physical deed of perpetrating a criminal offense. On the other hand, the Latin term Mens ea denotes "the guilty mind." Criminal Code terminologies "knowing," "with knowledge," and "with intent" are frequently utilized for Mens ea (THE CIMINAL EQUATION: actus reus + mensrea = CIME). Two contrasts exist with other criminal liability factors, enabling judicial authorities to determine Actus eus's nature, of which one is with Mens ea. The literal translation of Mens ea is, as mentioned earlier, guilty mind. This term's technical legal usage indicates that criminal liability precondition dealing with the suspect's frame of mind….

Statute and Case Law Relationship
In Cloutier v. Costco, 390 F3d. 126 (2004), Kimberly Cloutier alleged that her employer, Costco Wholesale Corp, failed to offer her a reasonable accommodation after she informed it to a conflict between the "no facial jewelry" provision of its dress code and her religious practice as a member of the Church of ody Modification (CM) (ody piercing, religion and the workplace, 2005). She argues that this failure amounts to religious discrimination in violation of Title VII, 42 U.S.C. § 2000e-2(a), and the corresponding Massachusetts statute, Mass. Gen. Laws ch. 151, § 4(1A). Title VII requires employers to accommodate the "sincerely held" religious beliefs of employees and applicants, unless doing so imposes an "undue hardship," usually defined as anything more than a de minimus or token cost (Mitchell, 2005).

While working in a front-end position at Costco, Cloutier began body piercing to follow the tenets of CM, a….

Case Law Error Analysis
PAGES 3 WORDS 1036

Contract Law Mistakes Mutual Mistakes in Contract Law
Contract Law Mistakes

This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in this case. It will also study the concept of mutual mistake of fact, and whether rescission of the contract can be done.

Case Background

Supposing an individual, Josh Hartly wants to purchase a new automobile, and thus visits the local automobile dealer. During his negotiations with the salesperson, he states that he requires the 3.2 liter V-6 engine, not the 3.9 liter one, as he has doubts pertaining to the 3.9 liter engine's fuel economy. Josh then enters into a contract, and agrees to buy a car fitted with a 3.2 liter V-6 engine (Paper Instructions Provided by Customer). What neither the salesperson nor Josh was aware of was that the 3.2 liter and the 3.9 liter were no longer being manufactured; instead,….

Environmental Case Law
PAGES 5 WORDS 1766

BLm - Bureau of Land Management
Environmental Impact Statement

FLPMA - Federal Land Policy Management Act

NEPA - National Environmental Policy Act

FA - eligious Freedom estoration Act

Environmental Justice Case of South Fork Band Council of Western Shoshone of Nevada v. U.S. Department of Interior

Detailed background history of the case

The subject refers to a prospective gold-mining project in the Western Shoshone sacred site of the Cortez Mining District, situated in Lander County, Nevada, near Mt. Tenabo. With gold mining an important industry since 1950, in Lander County, and the identification of two new gold sources near the existing Cortez Mine, Cortez proposed an elaborate 850 acre additional mining facility, which would involve Cyanide heap-leach processing and de-watering of ground water to prevent the mines from getting flooded. The total additional acreage concerned were 6,571 acres of public land and 221 acres belonging to Cortez (FindLaw, n.d.).

When this proposal reached BLM, they decided that, this….

BUSINESS LAW Business Law: Case Law Analysis- Tort LawStep 1: Information Literacy SkillsParties before the court: Wael Musa (Plaintiff) vs. Carleton Condominium Corporation no. 255 (Defendant) (CanLii, 2022)Date of decision: 18-27 October 2021.Court: Superior Court of Justice- Ontario.Step 2: Summarizing FactsThe incident occurred in December 2016 when the plaintiff fell off the slippery area outside the roadway of a condominium in Ottawa (Berman, 2022). The accident resulted in his ankle fracture during the first snowstorm in the region. The plaintiff sued the defendant, asserting that the Contractor should have been more careful in spearing salt on the road. The plaintiff believed it was an unreasonable time to spread the salt, showing a negligence tort that came out as an accident (az, 2010). The challenging circumstances of the weather should have been prudently analyzed before applying salt and not making it dangerous for the pedestrians.The court ruled for the plaintiff as….

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled….


Case Brief:

In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage Corp., an entity that held some stocks at Monitor Securities Corp, she desired to sell Monitor Securities Corp's securities for a significant profit. However, there was a problem. If done as it should have been done, taxation would occur at two levels, i.e. after the sale of Monitor Securities Corp's stocks and again during the distribution of sale profit, as dividend tax. There was a way around this. To minimize her tax obligation, Mrs. Gregory formed a new entity which then issued its shares to her after they were transferred from United Mortgage Corp to the said entity. Next, she dissolved the new company thus causing Monitor Securities Corp's securities to be accorded to her as liquidating dividend -- with the….

Law and Business When Glenn
PAGES 20 WORDS 5286

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group of….


Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead….

Australia's Corporation Act 2004
Australia Corporations Corporation Act 2004

The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors of non-profit corporations. Through research of the Trade Practices Act, current case law and the Australian Investment and Securities Commission provide an overview of what has changed in the regulations for corporations in Australia in 2004 thus far.

Australian Supreme Court sated in 2003 that: "the governance of corporate entities comprehends the framework of rules, relationships, systems and processes within and by which authority is exercised and controlled in corporations." Australia has recently implemented new regulations which, enhance and harmonize corporation law.

The alignment of the regulations with elements that are known to be those of a competent and responsible board of directors in view of strategy determination, performance review, risk management, internal control regulation and reporting to shareholders and stake holders took….

Laws and International Trade
PAGES 10 WORDS 3140

Intrenational Business
Governing Language

Governing Law and Forum Selection

Arbitration

Boilerplate Language in International Contracts

USA-Brazil Trade: ules of Trade

Other Important Agreement and Laws Governing U.S. and Brazilian Trade

Comparison of Arbitration in South Carolina and Brazil

Conflicts arising out of contracts between international trading parties are on the increase with the rise and increase in international business and international trade. The courts that would hear and decide matters related to business conflicts between trading partners would look to the express terms of the contract as well as the applicable law within which the contracts have been formed and agreed upon by the two parties belonging to two different countries when one party considers the other party's actions to be a breach of the contract. The legal contract and the contents of the contract would be the basis on which courts would decide in arbitration cases and in cases of business dispute.

However given the context of international….

ADA & Section 504
The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to how IDEA, IDEIA, Section 504 and the ADA overlap to a fairly significant to degree. However, less focus is placed on Section 504 and the ADA a lot of the time and the author has been asked to highlight areas of those two laws and regulations that are significant as compared to IDEA. Second, there will be the description of two significant issues that relate to case law and overall court proceedings. The gist is that oen must ask which students are protected. egardless, there are concerns about things like placement, planning issues, evaluations, litigation and regulatory enforcement. While the enforcement of disability-related laws may seem cut and dry, there are some perceived gray areas and situations and there needs to….

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003)
Conclusion

Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment. This is because the U.S. Circuit Court of Appeals found that these searches require providing them with access to defense counsel (according to Deon Christopher Carter v State of Maryland). Therefore, any kind of evidence that is used against Jones in his criminal trial (from this search) is inadmissible in court.

To prevent these kinds of incidents from happening in the future, the jail needs to have improved procedures for collecting, supervising and analyzing all contraband. This will allow officials to….

I. Introduction
A. Importance of technology in the courtroom
B. Historical evolution of courtroom technology
C. Thesis statement: Courtroom technology has revolutionized the legal system, improving efficiency, accuracy, and access to justice.

II. Efficiency Enhancements
A. Electronic Case Management Systems (ECMS)
1. Paperless filing and storage
2. Streamlined docket management
3. Automated reminders and notifications
B. Real-Time Transcription and Recording
1. Instantaneous transcription of proceedings
2. Increased accuracy and completeness of records
3. Time-saving and efficiency gains
C. Audiovisual Aids
1. Multimedia presentations and demonstrations
2. Enlarged exhibits and documents
3. Enhanced understanding and engagement of jurors

III. Improved Accuracy
A. Digital....

1. The Roots of Embezzlement in North Carolina's Local Governments

Explore the systemic factors that contribute to embezzlement in local governments in North Carolina, such as weak internal controls, lack of oversight, and political corruption.
Examine the vulnerabilities of small, rural municipalities and the role of limited resources and staff capacity.
Discuss the impact of North Carolina's open government laws and public records policies on the detection and prosecution of embezzlement.

2. The Fraud Triangle: Causes and Consequences of Embezzlement in North Carolina

Apply the fraud triangle theory (pressure, opportunity, rationalization) to the context of embezzlement in local governments.
Analyze specific....

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7 Pages
Research Paper

Business - Law

Case Laws

Words: 2054
Length: 7 Pages
Type: Research Paper

Slaughterhouse Cases, Takings Clause PART I Slaughterhouse Cases 198 U.S. 45 Lochner v New York 1904 (Oyez, 2013) UNITED STATES SUPREME COURT Joseph Lochner The People of the State of New York TALE OF AUTHORITIES FACTS…

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2 Pages
Term Paper

Business - Law

Briefing Case Law Case Brief

Words: 456
Length: 2 Pages
Type: Term Paper

he legal issue in question revolved around the terms of the ruth in Negotiations Act (INA) which demands that pricing be based upon fair market value. he government stated…

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2 Pages
Essay

Sports

Looking at Actus Reus and Mens Rea in Case Law

Words: 777
Length: 2 Pages
Type: Essay

criminal case brief; the case under study is the Sullateskee vs. Oklahoma State case. An analysis will follow to ascertain if the key issue, in regard to the…

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2 Pages
Term Paper

Careers

Statute and Case Law Relationship

Words: 751
Length: 2 Pages
Type: Term Paper

Statute and Case Law Relationship In Cloutier v. Costco, 390 F3d. 126 (2004), Kimberly Cloutier alleged that her employer, Costco Wholesale Corp, failed to offer her a reasonable accommodation after…

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3 Pages
Essay

Business - Law

Case Law Error Analysis

Words: 1036
Length: 3 Pages
Type: Essay

Contract Law Mistakes Mutual Mistakes in Contract Law Contract Law Mistakes This paper will analyze a case that explores mistakes under contract law. Both of the parties will be investigated in…

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5 Pages
Case Study

Business - Law

Environmental Case Law

Words: 1766
Length: 5 Pages
Type: Case Study

BLm - Bureau of Land Management Environmental Impact Statement FLPMA - Federal Land Policy Management Act NEPA - National Environmental Policy Act FA - eligious Freedom estoration Act Environmental Justice Case of South Fork…

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2 Pages
Analysis

Business

Case Law and Tort Law Analysis Business Law

Words: 725
Length: 2 Pages
Type: Analysis

BUSINESS LAW Business Law: Case Law Analysis- Tort LawStep 1: Information Literacy SkillsParties before the court: Wael Musa (Plaintiff) vs. Carleton Condominium Corporation no. 255 (Defendant) (CanLii, 2022)Date of…

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11 Pages
Term Paper

Criminal Justice

Law Enforcement - Dubious Value

Words: 3012
Length: 11 Pages
Type: Term Paper

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest…

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2 Pages
Research Paper

Business - Law

Case and Source Analysis Gregory v Helvering

Words: 624
Length: 2 Pages
Type: Research Paper

Case Brief: In this particular case, Mrs. Gregory, who is in this context the taxpayer, was keen on avoiding double taxation. As the owner of the stocks of United Mortgage…

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20 Pages
Assessment

Business - Law

Law and Business When Glenn

Words: 5286
Length: 20 Pages
Type: Assessment

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World.…

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6 Pages
Thesis

Criminal Justice

Laws and Court Decisions Related

Words: 2063
Length: 6 Pages
Type: Thesis

Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two…

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11 Pages
Term Paper

Business

Law of Business Organizations

Words: 2815
Length: 11 Pages
Type: Term Paper

Australia's Corporation Act 2004 Australia Corporations Corporation Act 2004 The purpose of this research is to investigate the Corporations Act 2004 (Cth) in relation to the protection it provides for investors…

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10 Pages
Essay

Transportation

Laws and International Trade

Words: 3140
Length: 10 Pages
Type: Essay

Intrenational Business Governing Language Governing Law and Forum Selection Arbitration Boilerplate Language in International Contracts USA-Brazil Trade: ules of Trade Other Important Agreement and Laws Governing U.S. and Brazilian Trade Comparison of Arbitration in South Carolina…

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2 Pages
Essay

Film

Laws Regarding Disabled Students

Words: 822
Length: 2 Pages
Type: Essay

ADA & Section 504 The author of this report is to answer two main questions when it comes to the law and its application. The first broad question relates to…

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5 Pages
Case Study

Business - Law

Laws of Corrections When Someone

Words: 1503
Length: 5 Pages
Type: Case Study

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a…

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