In order for job/position of the defendant in relation to plaintiff to be established the defendant must hold a job or position that is in relation to the plaintiff in order for a legal obligation to be established. In this case the defendants Matthew Hartley was operating a motor vehicle in a grossly negligent manner, operating a vehicle under the influence and leaving the scene of a crash and killed the plaintiff, Mollie Mahowald throwing her 20 or 30 feet in the air.
From the Constitution’s ratification in 1787 through the 1850s, many American historians shared the consensus that the founding fathers had designed the Constitution the way they did because they were trying to protect the citizens and their rights. James Kent was one very prominent historian among this group. In his book, Commentaries on American Law (1826), he stated “THE government of the United States was erected by the free voice and joint will of the people of America, for their common defence [defense] and general welfare...and it is justly deemed the guardian of our best rights, the source of our highest civil and political duties, and the sure means of national greatness.” (Kent) Essentially, James Kent was trying to convey the point
The court will most likely find that Nick Spears is guilty of driving while intoxicated under Texas penal code. In Texas, a defendant can be convicted of driving while intoxicated if the defendant is (1) intoxicated while (2) operating (3) a motor vehicle and in a (4) public place Tex. Code Ann. §49.04 (Vernon 2011). Although there are some exceptions in the definition of each element of this rule, Spears does not fall under any of those exceptions. Spears has admitted to his intoxication and therefore meets the intoxication prong for the statute of driving while intoxicated. The prosecution will have to prove the other elements of the statue such as; operating, a motor vehicle, and in a public space. The legal questions left to
Scott Peterson, a killer at heart, didn’t think twice before murdering wife, Laci Peterson, and unborn child, Conner. His wife Laci was reported missing on Christmas Eve in 2002. All fingers pointed to husband, Scott Peterson. He had not wanted to be a father and didn’t care for his wife. He was arrested the 21st of April in 2003 and is still on death row till this day. Evidence revealed during the case, Scott Peterson is a coward and was rightfully sentenced the death penalty for his wrong doings.
Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed People v. Price which had ruled that a juvenile record automatically expunged pursuant to MCR 5.913 could not be used during the presentence investigation. They also reviewed People v. Jones where the panel concluded that an expunged juvenile
In this case, Ray Knight’s parents (plaintiffs) are seeking liability compensation against the School District (defendants) for the alleged negligence of their son’s middle school. School officials gave Ray Knight a three day suspension for unexcused absences. Although, the School District’s policy is to give parents phone notification and written notification through the mail for student suspension, Knight’s middle school officials sent the written notice home with Knight. In an attempt to hide the information from his parents, Knight crumpled the notification and disposed of it away. On the first day of his suspension, Ray Knight was killed while visiting a friends home. His mother and father were both unaware that Knight was serving
Scott Peterson was convicted of the murder of Laci Peterson and her unborn son, Conner Peterson. He has been on death row for over a decade as he tries to get his conviction appealed. Peterson and his family maintain his innocence, even participating in a docu-series titled, The Murder of Laci Peterson. This has caused quite a stir among viewers who now say they have doubts about his guilt. Could Scott Peterson been wrongfully imprisoned for so long because of circumstances he had no control over? The answer could very well be yes.
Back in 1959, Steven Truscott was only a 14-year-old boy who was charged with the murder of his classmate Lynne Harper. On June 9th, 1959, Steven gave Lynne a ride home on his bicycle and after which he headed to the school grounds at 8 pm and then went home. That same night Lynne Harper's father reported her missing and two days later Lynne's remains were found in a nearby wooded area. Her body had been sexually assaulted and she had died from strangulation. Four days later Steven Truscott was charged in Lynne's murder. During Steven's trial despite being under 18, he was charged and ordered to stand trial as an adult offender. Throughout his trial, Steven always remained that he was innocent and that when he left Lynne at the intersection
David McDermott is a 42-year-old man who was found in Ghana, after a three-year manhunt. He was one of Britain’s most wanted fugitives and he was captured in Ghana for his connection to plot to bring £71m worth of cocaine into the UK. McDermott is suspected of being a member of an organized crime syndicate from Liverpool. It is believed that the group is responsible for a failed smuggling operation discovered by the border force at Tilbury Docks in May 2013. In May 2013, the officers had seized 400 kilograms cocaine that was smuggled into the country in a frozen Argentinian beef container. Also, McDermott is wanted for conspiracy to blackmail. Currently, he is held in custody by the Ghanaian authorities. His arrest means that in total, seventy-six out of eighty-six fugitives have now been caught.
Age of Exploration was a period of time from thousands of years ago, during which European ships were traveled around the world searching for trading routes and partners to help Europe. Lands were used to maintain foods and keep them from spoiling. Lands, however, were expensive and dangerous to get. Traders had to travel from a land route from Europe to Asia to get them. Europeans were desperate to get lands from Asia. They didn’t just went to Asia, They almost went all around the world like Africa, and North America. Europeans when they go and conquer the land They tell the people other, either you follow our rules or you will be kicked out of here. “Global warming is not a conqueror to kneel before, but it’s a challenge to rise to. A challenge
This Parol evidence rule, which has been considered as a common law rule, prevent the parties to the written contract from providing any additional extrinsic evidence, which reveals an ambiguity and refines it, in addition to the terms prescribed in the written contract which appears as complete.
I do not believe there is a contract to convey real property between Wilbert Heikkila and David McLaughlin. McLaughlin agreed to buy three parcels of property for $145,000, $32,000 and $175,000. McLaughlin submitted his offer to Heikkila and earnest money checks. However after McLaughlin submitted the written offer to Heikkila, Heikkila changed the selling price of all three parcels, change the closing dates, and added a reservation. When Heikkila made changes to the existing offer this created a counteroffer and the first offer was automatically terminated and new offer was established. “A response by an offeree that contains terms and conditions different from or in addition to those of the offer. A counteroffer terminates the previous offer” (Cheeseman 2013). The mirror image rule states the “offeree must accept the terms as stated in the offer.” (Cheeseman 2013) “Minnesota has followed the `mirror image rule ' in analyzing acceptance of
The Uniform Commercial Code (UCC) is an arrangement of regulations that are used to regulate sales and exchanges in the U.S. The UCC is not law, but rather statutes that can differ from one state to the next. Article 2 of the UCC is a model statute that has been accepted by each state, aside from Louisiana, and is utilized to settle issues with respect to the sale of merchandise. Products secured by the UCC are characterized as anything that is recognizable and transportable. Products that are secured by Article 2 may incorporate livestock, produce, hardware, or cars. Article 2 does exclude exchanges including service contracts or land sale. (Reed, 2013) pg. 98. The UCC applies if the agreement offers sale of merchandise in a business setting.
The Case report is about Gnych & Anor v Polish Club limited, Canberra High court, (High Court Of Australia, 2015). In 2012, Polish Club Limited being the licensee of a premise allowed Mr Jacek Gnych & Sylwia Gnych to lease and operate a restaurantb which comprised of the first floor with a capacity of fifty seats and ground floor with the entry to the restaurant along with storage area and toilet. Connected to the restaurant is the Mirror hall (which was not included in the agreement initially but was later included on certain terms) with 80 seat capacity which contains a bar where customers are allowed to purchase liquor. However, all the lease agreement papers were prepared and submitted but nothing was ever signed nor finalised.