Case Name: Michigan v. Tyler 436 U.S. 499(1978) Issue: Do the Fourth and Fourteenth Amendment apply to Firefighters in an active Arson Investigation? Facts: In the case of Michigan v. Tyler the firefighters had had legal reason to initially enter the premises of Tyler’s Auction house on January 22‚ 1970‚ which was to extinguish the fire and surmise the start of said fire. Upon extinguishing flames during a preliminary search containers containing flammable liquid were found in the premises. These
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What is a Case Brief? A case brief is a condensed‚ concise outline-form summary of a court opinion. Hence‚ the term “brief.” It is generally used for more efficient self-study (it’s easier and more simple than re-reading a 100-page long case every time you want to refresh your memory about the case). It is also used to present the case to others (it’s easier and more simple than reading a 100-page long case verbatim). In other words‚ a case brief boils down a court opinion to the key elements
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Joseph Clark a man arrested in Ohio set on death row on 1987. He ended up being executed 22 years and 5 month later after his arrest. It took 22 minutes for the execution technicians to find a vein. The vein collapsed after the start of the injection and Clark’s arm started to swell‚ an autopsy found 19 puncture marks resulting from attempts to execute him. It took the technicians 90 minutes to execute Clark. That’s absurd after two attempts they should’ve found a different way to execute him instead
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Morgan v. State of New York Facts: The claimant‚ Morgan‚ sustained severe physical injuries caused by an accident which occurred as he was driving a two person bobsled during a national championship race. Morgan was an experienced rider who had been bobsledding for over 20 years and had competed in the US Olympics. He also testified that he was familiar with this particular course and had raced on it many times prior to this race. The area where the accident occurred was recently reconstructed
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HOW TO BRIEF A CASE Below I have sketched in the beginnings of a brief as a format. This time-honored method of analysis is the basic unit of law school instruction and so most judicial opinions are written to conform to this approach. Knowing the rules makes watching the game so much more interesting. Start with the name of the Case which is called the “style” of the case. PERLA GRAFF v. JAY L. GRAFF‚ 569 So. 2d 811‚ Fla. 1st Dist. Ct. App. (1990). First is the case name‚ followed by the citation
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Kathryn Myrick Business Law 1 Professor McDonnell Case Brief A.5 Braun v. Soldier of Fortune Magazine Inc.‚ 968 F. 2d 1110 (11th Cir. 1992) FACTS: In 1985 Michael Savage placed an ad in the Soldier of Fortune Magazine (“SOF”) advertising “Gun For Hire”. The ad ran from June 1985 to March 1986 generating an average of 30-40 call per week for jobs ranging from murder‚ kidnapping‚ assault and other criminal activity. After three previous failed attempts on his business partner Richard Braun’s
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one provided for them. So that everyone could have the same possible chance. This case would be a strict construction because there is only one way that the trial could be taken. Persons who could not afford lawyer must be appointed one by the state. This could be taken really only one way and that is that the State has to provide a lawyer to people that can not afford it. Gideon won the case over Wainwright. The Gideon V. Wainwright helped change every day life because the court
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Horace Smith and Daniel Baird Wesson founded Smith & Wesson when a partnership was formed in 1852 as both partners intended to manufacture a gun that could fire a fully self-contained cartridge. The company is headquartered in Springfield‚ Massachusetts‚ with manufacturing facilities in Springfield‚ Houlton‚ Maine‚ Rochester‚ and New Hampshire creating guns for sport‚ recreation‚ personal use and protection. Smith & Wesson firearms were always distinguished for their modern design‚ high quality and
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Page 518 Kenneth J. Beck‚ Harvey‚ La.‚ for plaintiff-appellant. Albert H. Hanemann‚ Jr.‚ Lemle & Kelleher‚ John D. Fitzmorris‚ Jr.‚ Legal Dept. New Orleans‚ La.‚ for Texaco. Page 519 Appeal from the United States District Court for the Eastern District of Louisiana. Before GEE‚ SMITH‚ and WIENER‚ Circuit Judges. WIENER‚ Circuit Judge: Plaintiff-Appellant Emma S. Vaughn contests the judgment rendered in favor of defendant
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essay I will analyze James Rachel’s Smith and Jones case for active and passive euthanasia. Furthermore‚ I will give an ethical reasoning for why I either agreed or disagreed with his opinion. Additionally‚ I will show how he lures our attention to the dissimilarities amongst his view of killing and allowing someone to die. I will do so by refining my propositions and reaction of this case‚ of the dispute of active and passive euthanasia. By defending Rachel’s case I will discuss why I sided with
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