Thank you for providing a great example of an institution’s response to the breach of a coach’s contract. After researching the case of Kent State v. Ford, it was apparent that the terms of Ford’s agreement were not interpreted by the coach in the same manner in which the terms were written by the institution. Ford is quoted as stating that the liquidated damages clause was not enforceable (Farkas, 2015). Whereas liquated damages are defined as such: The purpose of a liquidated damages clause is to ensure that the failure of one party to follow the contract does not unfairly hurt the other and the amount agreed to must be a reasonable estimate of any potential damage a breach of contract might cause (faircontracts.org, n.d.). Kent State argued
Cedar Rapids v. Garrett F. Garret F., was a quadriplegic who was ventilator-dependent due to his spinal column being severed in a severe motorcycle accident when he was 4 years old. During the school day, he required a personal attendant within hearing distance to see to his health care needs. He required urinary bladder catheterization, suctioning of his tracheostomy, observation for respiratory distress, and other assistance. He attended regular classes in a typical school program and was successful academically.
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.
Analysis of Kelo vs. New London The unpopular Supreme Court decision of Kelo vs. New London has broken many citizens trust in having secured property rights. In Kelo vs. New London, the City of New London was condemning the property of several homeowners, in order to sell the land to private developers that would use the land to make a retail condo development. The local government approved the new development in order to gain higher tax revenue and to bring more jobs to the area. Homeowners who believed that their waterfront residence was being unfairly taken contested the City’s actions in court.
In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant
In September of 1961, a woman from District of Columbia had an intruder break into her apartment. While the invader of the home was there, they had taken her wallet, and also raped the woman. During the investigation of the crime, the police had found some latent fingerprints in the apartment. The police then established and processed the prints. The prints were then connected back to 16 year old Morris A. Kent.
For my research on how the contextual themes concepts can result in criminal justice malfeasance I selected the case of State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470. This case involved police officer Julian Steele of the Cincinnati, Ohio police department and his indictment on ten counts of police misconduct, including abduction, intimidation, extortion, rape, and sexual battery. Officer Steele abused his legal power to interrogate, arrest and detain a witness by knowingly filing a materially false complaint in order to influence or intimidate a witness; and abducting her minor child from school with the intent of charging the minor child with a robbery felony ” (State v. Steele, 138 Ohio St.3d 1, 2013-Ohio-2470). Due to the nature of this case and its involvement of the minor children involved, the court documents refer to the subjects by initials only.
Recently, state-issued photo ID has been required in order vote since the law passed in the Texas legislature. This law has caused controversy as it brings up the question over the state’s power in the regulation of elections. “While pending review within the judicial system, the U.S. Supreme Court issued its opinion in Shelby County v. Holder, which effectively ended all pending litigation. As a result, voters are now required to present an approved form of photo identification in order to vote in all Texas Elections” (votetexas.gov). The U.S. Supreme Court struck down on Section 4(b) of the Voting Rights Act of 1965 in the Shelby County v. Holder case.
ISSUE I) Do the liquidated damages outline in section 8 of DiNardo’s contract with Vanderbilt University create an “unenforceable penalty” that violate Tennessee state law? Are the damages reasonable? II) Does the permission granted DiNardo by Vanderbilt to
Judges manage to cover legal procedures Including hearings and trials. The lawyer will argue the client cases in front of judiciary, and the judge makes certain that the plaintiff and defendant lawyers follows the rules courtroom and meets criteria set by the law. In rare types of cases, judges hear evidence from both sides and come to a judgment on their own. In other cases, judges give a jury instructions so that they can come to a majority ruling of innocent or guilty. However, most states have their individual qualification, but the basics criteria to have a bachelor's degree, pass the admission tests LSAT, graduating Juris Doctor, the bar, becoming the licensed lawyer and American citizen and resident of the state with intent practicing law.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
State vs. Mayfield Trial On December 27th, 1989, State Police Officer Edward Mayfield pulled over Donna Nugent to a shady area where he strangled her and threw her body off of a bridge. We don’t know why he pulled her over. He then proceeded to strangle her with a rope. I believe State Police Officer Edward Mayfield is guilty of murder in the first degree because he had and hid the murder weapon, pulling over specifically blonde women, and he changed the activity log.
Good evening! This is Bryce Seyler with WFREE News reporting live from the United States Supreme Court. Today, the United States Supreme Court ruled in the case of Mapp v. Ohio making it one of the most famous Supreme Court cases to take place in this century. Supreme Court Justices had to decide whether evidence discovered during a search and seizure conducted in violation of the 4th Amendment of the Constitution was admissible in a state court. The Supreme Court ruled in favor of the plaintiff, Dollree Mapp in a 6-3 vote.
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution. To provide some context for this case in 1944, Dulcie Johnson was charged with an offence against the National Security Act 1939-1943 in that she did contravene par.3 of the Restriction of Interstate Passenger Transport Order by travelling from South Australia to Western Australia by rail. In brief terms par.3 of the Restriction of Interstate Passenger Transport Order provided that no person shall, without a valid permit, travel from state to state or territory.
The remuneration of the coach shows how the management of football universities is out of control and how it undermines the integrity of schools and diverts the presidents of universities of their true vocation. The details built appeal to logos and impress upon the reader that this is a problem worth discussing. “That $ 2 million should have been spent on, well, how about educating the students?” (10). He makes the audience realize that is just