According to Montalvo v.Borkovec Court of Appeals of Wisconsin in 2002. “On November 21, 1996, Montalvo entered St. Mary's Hospital in Milwaukee, Wisconsin, with pre-term labor symptoms. An ultrasound revealed that the baby was 23 and 3/7 weeks old, and weighed 679 grams. Attempts to interrupt her labor and delay the birth were unsuccessful. Prior to delivery of the child, the parents executed an informed consent agreement for a cesarean procedure. Dr. Terre Borkovec performed the cesarean section. At birth, Emanuel was "handed off" to Dr. Arnold, a neonatologist, who successfully performed life-saving resuscitation measures.” The baby ended up surviving, however a complaint was made against both of the physicians, Dr. Terre Borkovec and Dr.…
Bravo Fernandez v. United States is a court case that deals with Double Jeopardy. Double Jeopardy can be defined as “the prosecution of a person twice for the same offense (dictionary.com). ” Bravo Fernandez v. United States was argued on October 4th, 2016, because of an incident that took place in May of 2005. Mr. Fernandez, whom is the president of a private security firm in Puerto Rico, and Hector Martinez-Maldonado who is a member of the Senate. Both traveled to Las Vegas to watch a boxing match. Mr. Fernandez and Mr. Martinez-Maldonado were indicted for the trips payment. The charges were violation of the federal bribery statute, conspiracy, and the Travel Act. These charges tied Mr. Martinez-Maldonado’s support of legislation beneficial…
In July of 2000 Curtis Williams was indicted by a grand jury in Williamson County, Texas for aggravated assault causing serious bodily injury. While under indictment, Williams traveled to Louisiana from Texas on a Greyhound bus. The bus Williams was traveling on was scheduled to make a stop at the Shreveport Greyhound Bus terminal on September 12,…
Facts: William E. Story had promised his nephew, William E. Story II, $5,000 if his nephew would abstain from drinking alcohol, using tobacco, swearing, and playing cards or billiards for money until the nephew reached 21 years of age. The uncle responded to his nephew in a letter dated February 6, 1875 in which he told his nephew that he would fulfill his promise. The uncle died a couple years later without sending the money to the nephew.…
This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven, Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore, the White and Hispanic candidates that did pass with the necessary scores felt they had been discriminated against based on their race. The city decided not to certify the test results because of the disproportionate number of white candidates in comparison to minorities, and…
rehearing and the divided court again reversed the jury verdict in a 3-2 decision, prior to which the…
References: Maguire, M. Esq. (2011, January 24). Truth and consequences: navigating the minefield of references for dangerous former employees. Retrieved from http://www.diogenesllc.com/referencesarticle.pdf…
In 1977 a 22-year female, Dianne Kimberly Rawlinson attempt to seek employment with the Dothard Alabama State prison system. Ms. Rawlinson only weight about 110 pounds when she applied for the occupation. Alabama State at the time had a weight requirement for employment was a minimum 120 pounds. Rawlinson’s application for employment as a correctional counselor in Alabama was rejected; therefore, she failed to meet the minimum 120-pound weight requirement of an Alabama statute, which also establishes a height minimum of 5 feet 2 inches. (Dothard v. Rawlinson, 433 U.S. 321 (1977)…
In the case of Tinker v. Des Moines five brave students decided to wear black armbands to school in protest of the Vietnam War. Even though they were threatened with suspension they still decided to wear them. They got suspended until they would agree to not wear the armbands but still wore all black clothes to school for the rest of in year. Students should be able to protest in schools because of the first amendment, their opinions matter just as much as adults, and while some think they should students don’t just give up their constitutional rights just because they’re at school.…
Cross-examination is critical during litigation. Many cases have to be proven based on solely witness testimony because of the lack of physical evidence. Therefore, the responsibility of a witness to tell the truth relies on methods to encourage witnesses to maintain their credibility. According to Gardner and Anderson in their book Criminal Evidence: Principles and Cases, the witnesses must take an oath or affirmation that their say will be true and the witnesses must be personally present at the trial in order to ensure the right to confront as stated in the Sixth Amendment. Finally, witnesses are subject to cross-examination. But if it is found that the witness lies, he or she is taking the risk to be charged with perjury or in contempt if the witness refuses to answer a question, unless it is protected by privilege (Gardner and Anderson, 2010).…
Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…
Justices of the United States Supreme Court are strategic actors who strive to secure policy outcomes as close to their preferred outcome as possible. Accomplishing this sometimes requires justices to not always pursue their true policy preferences and sometimes it requires justices to ignore legal and policy questions. In this essay, I will analyze how justices were strategic in a few landmark supreme court cases.…
That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…
Facts: On December 16, 2005, James M. Eaton, Jr., and Marguerite Eaton filed a complaint against Waldrop alleging that Waldrop had fraudulently induced James to deed certain property situated in Jefferson County ("the property") to Waldrop and Marguerite, jointly with a right of survivorship, and that Waldrop had subsequently fraudulently induced Marguerite to transfer her interest in the property to Waldrop. James and Marguerite requested that the court set aside the deed executed by James transferring the property to Marguerite and Waldrop and requested "other, further or different relief as may be just and proper"; they also demanded a trial by jury. Waldrop answered the complaint on January 26, 2006. Marguerite subsequently died, and James, as the executor of her estate, was substituted as a plaintiff.…
The purpose of this arbitration paper is written for arbitration meeting conducted on April 4th 2014 for the incident happened in February 15th.…