Dana Nguyen Ms. Newray ERWC, Period 5 August 28, 2015 Perez’s & Graff Articles Summaries In Perez’s article, Want To Get Into College? Learn to Fail [ Feb. 12, 2012], failure is the most significant, but hurtful step towards a successful life. If a person has never honestly dealt with failure, how can they possibly ever improve or move forward? It is important to learn and be able to solve problems in society, whether it is for academic or not.
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.
For the Portfolio Project I am choosing Option 2; Refuting that “justice” was achieved. I will draw upon my own concept of justice, the legal concepts of justice, studies, articles and empirical research to allow for my conclusion. Furthermore, I will consider the victims, (plural), and the impact of Richards sentence on his life. The Case of Richard Mijares At the outset of this class we were instructed to watch videos of Richard Mijares, a youthful offender who shot and killed his mother when he was aged seventeen years.
Summary In the article “Actress from law firm ad files $1 million for breach of contract lawsuit," the author, Barbara Ross, Ginger Adams Otis, explains why actress Elena Aroaz. Believed that her contract which was for her to appear in a 30 second commercial only in local areas for a period of 1 year. Aroaz filed the breach of contract lawsuit saying “After the spoof ad became a sensation — even getting a mention in the New York Times — the producer licensed it and the rights to Aroaz’s image to several other law firms around the country without her knowledge, she says in court papers.” According to this article it seems that her claim would fall into a breach of contract.
The movie A Civil Action was about a group of parents whose children had developed leukemia. Some of the children died due to leukemia. Therefore Anne Anderson, who played a big role in this movie gathered all of the victim’s parents to seek legal advice from lawyers, but not a lot of lawyers were willing to touch the case due to the fact that there is little evidence and it could cost them a lot of money in the long run, if the case goes to trial. Jan Schlichtmann decided to pick the case and use the elements of negligence. In order to do that he had to prove that those hazardous wastes would somehow end up from one place and into the river, which is really hard to prove.
Baby in hand, Hauptmann flew down the ladder of the Lindbergh mansion on a dreadful and dreary night that would evolve into one of America’s most famous court cases to impact the judicial system. The United States court system is designed to regulate and enforce the laws and rights of American people (Powell). It supports state, local, and tribal attempts to limit and prevent crime (Powell). The main goal of each court case— a legal battle between a defendant and a plaintiff— is justice (Powell). An example of the judicial system working the way it is supposed to is the case of the state of New Jersey versus Bruno Richard Hauptmann (Linder).
Rohith Rao Professor Kowal Legal Assignment # 1 2/13/15 Gonzalez v. Raich Synopsis and Analysis Introduction Gonzalez v. Raich was a major case that set a precedent for the constitutionality of the Controlled Substance Act as well as its federal jurisdiction. The defendants, Raich and Monson both suffer conditions that have granted them prescriptions for medical marijuana in the State of California. Raich purchases this marijuana from a grower and Monson grows her own plants. After examining the Controlled Substance Act (CSA), the court ruled that they can be federally prosecuted under the Commerce Clause as their actions can have a potential economic consequences. The majority of the court ruled on this favoring, however there are also
Our First Amendment within the United States Constitution protects our freedoms of speech, press, and assembly, which are umbrella terms for our right to protest, among others. We, as american citizens, have the right to protest whatever we choose,whether it be a television program, a new law that has been passed, or in the Snyder v. Phelps case, deceased veteran funerals. Marine Lance Cpl. Matthew Snyder’s family filed a lawsuit against the Phelps family and their followers, otherwise known as the Westboro Baptist Church, who the Snyder 's felt intentionally inflicted emotional distress whilst picketing Matthew Snyder’s funeral. The United States Supreme Court determined that speech in a public space, cannot be liable for any emotional distress,
The commerce clause refers to Article I, Section 8, Clause 3 of the U.S. constitution, which gives congress enumerated power to “regulate commerce with foreign nations, and among several states, and with the Indian tribes”. The Constitution enumerates certain powers for the federal government; the Tenth Amendment provides that any powers that are not enumerated in the Constitution are reserved for the states. Congress has often used the Commerce Clause to justify exercising legislative power. The Katzenbach vs. McClung case is an example of congress using the commerce clause to enact title II of the Civil Rights Act in 1964. The case was about a highway restaurant that was operated in Birmingham, Alabama with a capacity of 220 seats.
Students with a blue-collar background have different universities experiences and Stephens, Fryberg, Markus, Johnson, and Covarrubias, (2012) ask the question on the experiences and how they were more likely to have grown up with different rules the game. A number of these students are First-generation college students. First-Generation college students (a.k.a. First-Gen) is a term that refers to someone whom is the first within their eminent families minus siblings to attend a college/university. First-gen students may face many disadvantages that counterparts (student’s whom eminent family has attended college minus siblings).
A Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s
There is no one name for the case of Frank Abagnale. He was tried in France, Sweden, Italy, and then finally the United States. Therefore, it is reasonable to call the case The United States versus Frank Abagnale. He was accused of bank fraud, identity fraud, and professional con artist. A great criminal always starts young.
Everyone knows that life is not easy all of the time, and everyone will make mistakes. Making mistakes is an inevitable part of being human. However, it is what you choose to do afterwards that matters. Successful people choose to leave it in the past, and to learn from it in the future. It is hard to be successful if all of the focus is on failure.
Success has become relative. When we initially do something that we believe is a success and the public deems it unspectacular, we no longer feel pride and instead feel that we are adequate. America’s social system is loosely based on a meritocracy, with its central idea being that if everyone is presented with the same opportunities to succeed, than everything is equal and fair. If we cannot succeed, it is only our own incompetence that we can
