A. Castro is likely an “owner” of the dog because the injury took place after he allowed the dog inside his house, and took care of Puccini when he gave her a treat and bowl of water. A person is considered an owner of an animal, with or without the permission of the legal owner, if that person voluntarily assumes responsibility of an animal, or exerts a level of control over that animal. Steinberg v. Petta, 501 N.E.2d 1263, 1265-67 (Ill. 1986); Beggs v. Griffith, 913 N.E.2d at 1234; Docherty v. Sadler, 689 N.E.2d at 334. A court will not exclude a person from ownership because of the short contact with that animal. VanPlew v. Riccio, 739 N.E.2d at 1026. Irrespective of the duration with that animal, a person voluntarily assumes responsibility
Krasimira Schrib ACTG 441 Brief Duberstein v Commissioner and Stanton v. the United States Facts: Duberstein v Commissioner Duberstein was a president of Duberstein Iron and Metal Company. He did business with Berman, who was president of Mohawk Metal Corporation for approximately 7 years. Occasionally Berman asked Duberstein for referrals for new customers, which Duberstein provided. The provided information was very helpful for Berman’s Company, so in act of gratitude Berman, gave Duberstein a new Cadillac as a gift.
Driver of vehicle 1, Renneker stated she picked up four customers for a carriage ride before traveling southbound on South Leonor K Sullivan Boulevard. Renneker said she observed the bridle over the horse eyes fall off; at which, she stopped and exited the carriage to reapply them. Renneker said she advised the passnegers to exit the carriage while she was reapply the bridle. Renneker said as she was reappling the bridle a helicopter took off from the landing paid and she believed it spooked the hourse. Renneker said the house took off running southbound on South Leonor K Sullivan.
Facts: Rudy Stanko was driving on the Montana State Highway 200 when he was pulled over by Officer Kenneth Breidenbach, a member of the Montana Highway Patrol. Stanko had been driving his vehicle at a steady 85 miles per hour at a location that was “narrow, had no shoulders, and was broken up by an occasional frost heave.” This location also included curves and hills which obscured vision of the roadway head. The actual roadway held no other drivers at this time during the day. Stanko had been driving his new 1996 Chevrolet Camaro, with brakes, tires, and a steering wheel that were all in perfect operating conditions.
The case that Stephen G. Breyer that he was really active in was United States v. Lopez. This case a twelfth grader bring a gun to school. “[He was] charged under Texas law with possession of a firearm on school premises.” (Tobin 96) The state’s charges were dropped when federal agents accused him of breaking the Gun-Free School Zone Act of 1990. The Boy ended up getting probation.
The Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973), involved Gerald Scarpelli who was on probation in Wisconsin for armed robbery, but was found in violation of the conditions set for his probation, when he was charged with burglary in Illinois. Scarpelli had been originally convicted in July, 1965 after he was arrested for the armed robbery, whereas he had plead guilty to the crime. However, he was fortunate that he did not have to serve the fifteen years he was sentenced to, due to the Judge suspending his time and instead placing him on seven years of probation. Per standard practice for probation, the judge placed requirements and restrictions that were to be followed, in order for him to remain on probation and
Because the arrest and drug conviction were not challenged in the federal removal proceedings, the Court in Moncrieffe v. Holder did not have before it the full set of facts surrounding the state criminal prosecution of Adrian Moncrieffe. However, examination of the facts surrounding the criminal case offers important lessons about how the criminal justice system works in combination with the modern immigration removal machinery to disparately impact communities of color. By all appearances, the traffic stop that led to Moncrieffe’s arrest is a textbook example of racial profiling.3 Over the last few decades, the modern immigration enforcement system has evolved into a criminal immigration removal system, with the U.S. government frequently
The Top Five Canada (Justice) v. Khadr Do you think the charter should always apply to the activities of the Canadian government officials exercising functions outside Canada? I concur with the Federal court's findings in that, The Canadian Charter of Rights and Freedoms were created to protect the rights and freedoms of Canadian citizens in Canada. Outside of Canada, citizens are protected by international laws between sovereign states. Therefore, crimes committed in other judicial sanctions should be dealt with by their own court of law, without interference of other countries sovereignty. The case of R. v. Cook is an exception; Canadian authorities interrogated Cook, a Canadian citizen, outside of Canada.
In R v. Frieson, Judge Ouellette referred to 5 cases and 2 statutes outlined in the Canadian Charter of Rights and Freedoms, 2 statutes from the Constitution Act, and 12 statues from the Criminal Code. The issue with this particular case laid in the fact that Frieson believed the imposition of a three-year mandatory minimum sentence for this offence constituted as cruel and unusual punishment; the defendant was not aware of Mr. Froese’s depression when he sold him both firearms. Despite only having a license to sell non-prohibited firearm ammunition at the time, Friesen cooperated with investigators and was honest about continuing to sell firearms from his store despite not having a license, even after Mr. Froese’s death. Judge Oulette was
Business Law Case Study Essay: Burwell v. Hobby Lobby, 573 U.S (2014) Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
1) Canon 9 requires a lawyer to avoid even the appearance of impropriety. This requirement has led several courts to disqualify attorneys even when no actual impropriety existed. Blumenfeld v. Fusco, the court held that the marriage of two attorneys employed by different firms did not create an appearance of impropriety sufficient to warrant disqualification of the wife in a case that her firm had represented in the past. The case involved a challenge to a will, the associate representing the propounder was married to a partner in the firm retained to represent the caveator in trial de novo. The court found that no impropriety existed since the husband worked in the real estate department and had no contact with the attorneys representing the
Using words to express opposition to the American government is generally accepted, but what about symbols or emblems? Does the right to free speech include a right to express views and communicate ideas via means other than literal speech? The Supreme Court was asked to decide this in the case of Stromberg v. California and they ruled that use of a flag to communicate ideas was, indeed, covered by the Constitutions protections for free speech. Stromberg v. California: Background It was once common for state and local governments to regulate peoples speech; not until 1925 did the Supreme Court begin applying First Amendment restrictions to them.
Permitting an animal to remain on a person’s property does not assign him the status of an owner; a person must have some level of control over the animal. In Steinberg, a landlord was not harboring a dog even though he allowed tenants to keep it at his property because he had no contact with the dog and did not care for or assume responsibility of that animal. 501 N.E.2d at 1265. The court explains the statutory definition of harboring a dog: “one who undertakes to manage, control, or care for it as dog owners in general are accustomed to do.” Id. at 1265.
The landmark case Plyer v Doe 1982 is part of a series of subsequent case laws of the legal history of Bilingual Education. In 1975 Tyler, Texas legislation mandated that all public schools statewide charged undocumented and immigrant children tuition. Texas school district had an annual tuition of $1,000 deterred about 16,000 students total according to the Texas Observer article. (Olivas,2010). The Mexican American Legal Defense and Educational Fund (MALDEF) filed a case against Tyler school district and in 1978 a U.S. judge found that Tyler school district policy to be unconstitutional.
As a result, she suffered major injuries when the dogs turned on her. Sparapani said the dog of the woman only suffered non-serious injuries and did not need treatment.
Albert Fish After Albert Fish committed most of his crimes he decided to write a letter. This letter was after he kidnapped and killed Grace Budd. On November 1934, an anonymous letter was sent to the girl 's, Grace Budd’s, parents which eventually led the police to Albert Fish. The letter was transported in a packet that had a small hexagonal logo with the letters N.Y.P.C.B.A, this stands for the New York Private Chauffeur 's Benevolent Association (N.A. “Albert Fish 1935”. N.D).