Plaintiff Brian Martin attended a high school graduation party hosted by Defendant Lee Martin. The majority of guests were between the ages of seventeen and twenty. There were two kegs of beer available at the party, as well as other alcohol provided by the guests. One guest, Matthew Marciano, had a history with Mr. Martin. During the party, a fight ensued between Marciano and the plaintiff’s friends. Marciano left the property, but later returned with Chijoke Okere, who was carrying a baseball bat. Okere struck Mr. Martin on the head. The defendant went inside her house and locked the door, refusing entry to those who were trying to help the plaintiff. Mr. Martin suffered considerable brain damage from the injury.
Case 15.1 discusses Bobby Jones, a nine-year-old African American boy. He is in the fourth grade at Lewiston Elementary School. He is being raised by his mother Susan and has five siblings. Recently, Bobby’s teacher, Ms. Matthews has had some concerns regarding his behavior. She stated that he is disruptive, never completes his work and that he is very negative when it comes to school (Pomeroy, 2015). Based off of the information provide in case 15.1, Bobby presents with many of the symptoms and behaviors that are consistent with Oppositional Defiant Disorder (F91.3), and the severity is moderate. According to the Diagnostic and Statistical Manual of Mental Disorders, DSM-5, ODD involves a frequent pattern of angry/irritable moods, vindictiveness,
Details of incident: Defendant and his friend went to the same store where he was arrested previously for shoplifting. He threw a beverage to the security’s face and slapped him. Defendant got really angry when he saw the security. Defendant thinks he was responsible for his arrest in the past because the security caught him for shoplifting. As the defendant is
On Sunday 26 June 1994 9:30am, the Appellant attended a breakfast at the Respondent’s premises. She commenced drinking champagne and wine, which were both supplied by the Respondent and by her friends. At 12:30pm she purchased a bottle from the Respondent, and continued to drink more alcohol. At 2:20pm, the Appellant’s friend was leaving and the Appellant decided to stay longer with her new friends. At 3:00pm, the Appellant attempted to buy more alcohol, but the Respondent refused to supply it to her. By 5:30pm, due to her disruptive behaviour
We have had further discussions with Mr. Ashiku, Mr. Zubairi, and Ms. Kristen Finkensher, the bartender on duty on the night of the occurrence. Their statements are consistent with the facts stated in our prior report. In short, on the night of the incident, the City of South Elgin was hosting its annual festival, Riverfest, near the pub. There were light towers located throughout the festival grounds, which illuminated the surrounding buildings, including the pub. Plaintiff came into the pub, ordered one beer and, at some point, left the pub. An unknown patron then alerted Ashiku and his bartender that Plaintiff had fallen near the bottom of the stairs. Plaintiff refused assistance from the bartender including an offer to call an ambulance and left in a vehicle driven by her friend. The lights above the stairs were functional and the village’s light towers brightly illuminated the stairs. The bartender described the plaintiff as being about 5’8” tall and weighing about 300 pounds. She believes
El Chico Corp., 732 S.W.2d 306. For instance, in Bruce, the court held that the inebriated state of a pair of customers of the defendant’s restaurant may be deemed to have been sufficiently apparent to the restaurant based on circumstantial evidence alone even if the defendant had not possessed actual knowledge of the pair’s condition. Bruce v. K.K.B., Inc., 52 S.W.3d 250 (Tex. App. Corpus Christi 2001). The plaintiffs in Bruce suffered serious injuries after his car was struck by an intoxicated driver (a member of the aforementioned pair), who die died in the crash, who was driving home from the defendant’s restaurant. Id. In spite of testimony to the contrary by both the restaurant’s employees and the surviving member of the pair, the court held that there was sufficient circumstantial evidence to exhibit that the driver had been “obviously intoxicated to the extent that she presented a clear danger to herself and other” at the time of service. Id. Analogously, in Perseus, the inebriated nature of a patron of the defendant’s bar was deemed to have been sufficiently apparent to the defendant, even if the defendant lacked actual knowledge of the patron’s condition, since the defendant should have had knowledge of the customer’s condition. Perseus, Inc. 995 S.W.2d 202. The defendants in Perseus. were sued after the aforementioned patron hit and killed two people after leaving
This civil court case takes place in a West Virginia school system located in Taylor County, when a general education high school history teacher failed to follow an IEP for Douglas Devart. During the case Devart and his parents Robert and Virginia ended up using aliases by the names of John Doe, Jane Doe and son D.D. Doe as a deterrent from the public so the family would not endure any additional embarrassment, slander, and/or liable regarding the son’s handicap. The defendants of this case were
In the case between R. v Maracle, it was about a 14 year old Brantford female was kidnapped at gunpoint by David Maracle on May 26, 1997 and brutally and repeatedly raped. This event had accused on 1997, and then was farther investigated and made its way to court. On November 8, 2000, the trial judge found the appellant to be a dangerous offender and ordered him detained for an indeterminate period. The appellant appeals conviction and sentence. The case was later appealed in 2006. This case took place in superior court of justice. This case took place because the appellant’s conviction and sentence. In this case it shows the dangers so sex offenders and how hard they try to get away with crime that they have committed, even though they left all the proof / evidence behind at the location which was all leading up to them, being the one to frame. (http://www.thespec.com)
3. Seeing that the dispute involved the sale of land, specific performance is the proper award for damages to the injured party.
Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain
ANNECDOTE. The majority of the High Court in Clark v Marcourt, awarded damages of approximately A$1.2 million to the appellant, as the respondent was found guilty of breaching various warranties of the deed to purchase various property from a fertility centre, putting the appellant at a significantly better financial position than she would have been in had the breach not occurred. Prima facie, Clark seems to suggest undermining the compensatory principle in contract. ## This essay will analyse the decision in Clark through the doctrinal legal research method, using “normative” research. The aim of this research method is to answer the question of “what is the law” via logical reasoning and analysis of appropriate legal rules, and whether it applies to a particular factual situation.
Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right-to-sue letter. The court dismissed the claims. The law firm did not try to re-file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case.
Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were
Martin Wiesner,Daniel Pfeifer[7] proposed a recom- mender system that supply patients a friendly infor- mation to comprehend their health status. The sugges- tions done froma a health recommendation system is done from a individualized health data documented in personal record. Data entries in a PHR database constitute the medical history of PHR owner. HRS will search relevant items of interest for the tar- get user. Such items originate from health knowledge base repositories and displayed online while he/she in- spects.
The defendant church sold meals after the religious services and argued that the plaintiff was a licensee, not an invitee. The plaintiff had alleged that she was an invitee because the plaintiff bought a meal after the service at the church cafe. Plaintiff also alleged that because she had spent money at the church on prior occasions she was an invitee. The court rejected the argument and reasoned that the prior financial dealing with the church would have no bearing on her status at the time of the accident. The court held that the plaintiff was a licensee. Sanders, 303 Mich.App. at 7, 840 N.W.2d at
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)