Case Citation: University of Texas at Arlington v. Williams, 459 S.W. 3d 48 (Tex. 2015) Parties: Univ. of Tex. at Arlington, et al., Petitioner Sandra Williams and Steve Williams, et al., Respondents Facts: The respondent, Sandra Williams, filed a law suit with the petitioner, University of Texas at Arlington due to injuries the respondent sustained when she fell from the bleacher area at UTA’s Maverick Stadium. The respondents were present at the petitioner’s stadium to watch a high school soccer game. On the conclusion of the game, the respondent waited at a guard rail that divides the stands from the playing field. The stands are five above the playing field with access to the field through a gate secured with a lock and chain. When portable stairs are placed at the gate this allows access to the field. The stairs were not in place during this particular game. The respondent was leaned up against the gate waiting at the end of the game when it opened dropping her to the field below causing injuries. Procedural History: The respondents filed …show more content…
Although the petitioner, UTA cited primarily subsection (L) of the recreational statute as a catch all, the court found it is not intended to protect school organized sports just because they occur outdoors. The intent is for activities commonly associated with the enjoyment of nature while outdoors on private property. This encourages private owners to allow citizens on their land for the purposes of recreational activities like fishing, camping, canoeing or bicycling. This provides a level of immunity for the landowner to encourage them to allow use of their property by protecting them from ordinary negligence claims associated with recreational
As technology advances, the world is forced to adapt as an increasingly quick pace. Specifically, our justice system must consider the constitutionality of surveillance and other information gathering techniques and how they coincide with current interpretations of the Fourth Amendment which protects citizens against unreasonable searches and seizures. The Supreme Court addressed this issue in the 2013 case of Maryland v King explicitly related to the legality of DNA collection of individuals early in the booking process for serious crimes. In a 5-4 decision, the Supreme Court ruled that pre-conviction DNA collection of those arrested for serious crimes is constitutional and does not violate the Fourth Amendment; a decision that will
The role of the Judicial Branch of the United States has been the most dynamic throughout the Nation’s history. By adopting the power of judicial review in Marbury v. Madison in 1803, the Supreme Court established its position as being arguably the most powerful branch of Federal Government. However, this also made the Judiciary’s role the most controversial. Should the Court be required to interpret the constitution strictly through the language it contains? Does the Court have the right to overturn morals legislation? Through analyzing court cases like Lawrence v. Texas, one can gain insight on the role of the Supreme Court and how it fits within the confines of the United States Government.
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public
The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly 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
The appeals court based it’s the case Nabozny v. Barnhill (1975), 31 Ill.App.3d 212, 334 N.E.2d 258 that a player is liable for injury in a tort action if his conduct is such that it is either deliberate,
On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son’s constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of Memphis. With a 6-3 decision, the Justices’ decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is constitutional as long as it is “reasonable”. I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop criminals from escaping punishment.
The Washington Supreme Court ruled in the favor of the defendant (The Tukwila School District) for a summary judgment because after the court analyzed both the plaintiff and defendant’s evidence and statements, the court found that the school only charged a fee for their recreational space only to hire and compensate for “rental fees, security fees, custodial fees, utility fees, and administrative fees” (Olson v. Tukwila School District). Therefore, these fees were needed for the maintenance and running of the recreational space and was not incurred by the general public using the space.
In 1834, a surgeon Dr. John Emerson joined the US Army and was accompanied by his slave Dred Scott at a number of posts located in Illinois, the Wisconsin Territory, and Missouri. When Emerson died in 1846, Dred Scott sued for his freedom claiming that because since he had lived in territories where slavery was illegal, he was legally free. Soon the case finally went to the supreme court after being overruled by the Missouri Supreme Court. The court ruled that Dred Scott was still a slave and Roger.B.Taney, the chief of Justice at the time, declared that under the US Constitution terms on possession of property, Dred Scott wasn’t free because since slaves were “property” and a slave being freed after going to a free state would be a violation of the Fifth Amendment.The outcome of the Dred Scott case affected the United States stance on slavery. The supreme court's
The U.S. Court of Appeals for the Sixth Circuit was to determine if the plaintiff, David Dunlap Dunlap, had met the burden of proof that the Tennessee Valley Authority (TVA) was liable under Title VII of the Civil Rights Act of 1964 by intentionally discriminating against him under both disparate impact and disparate treatment analyses and whether the TVA appeal to the District Court erred in each of these analyses could be legally supported to reverse their decision FindLaw, 2011).
The Dred Scott v. Sandford case is regarding a slave in Missouri, his name was Dred Scott who resided in Illinois from the years 1833 to 1843. Illinois was considered to be a free state at this time, he lived in an area of the Louisiana Territory, this was a place where slavery was completely forbidden from the Missouri Compromise in 1830. Eventually Scott returned to Missouri, after doing so he decided to sue the Missouri court for his freedom, he was unsuccessful. His argument was that he claimed residency in a free territory area and this would make him a free man. Since this did not work Scott brought a new suit in federal court. But Scott’s master maintained that since he was a pure-blooded Negro of the African descent and also the descendant
Mr. Moran’s pre-marital agreement with Ms. Moran is enforceable under Oregon law because Ms. Moran voluntarily entered into the premarital agreement and because the agreement was not unconscionable when it was executed. In Oregon, a premarital agreement can only be rendered non-enforceable if the party seeking to do away with the agreement is able to prove that they had not voluntarily entered into the agreement or that the agreement had been unconscionable at the time it was signed. 11 O.R.S. § 108.725 (2015). In the case at hand, neither of these requirements has been met, and thus the lower court’s judgement for Ms. Moran should be reversed and judgement rendered for Mr. Moran.
McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was
Facts: On October 13, 2005, in Lexington, Kentucky police officers set up a sting operation to catch a well-known drug dealer. They watched as the suspect made a sale of crack cocaine to a person and walked off as if this is a normal thing. The suspect was Mr. Hollis King, and he was hiding out in an apartment complex with some of his friends. The police watched as the suspect at hand made a transaction with someone selling those drugs. The officers then radioed out that the suspect was on the move and moving towards the entryway of an apartment building. The Lexington Police entered the apartment
I disagree, each state has the power to create it’s own bank and in McCulloch v. Maryland the rights of the bank were ignored.
In 1994, Christy Brzonkala, a student at Virginia Polytechnic Institute and State University, stated that Antonio Morrison and James Crawford raped her. A year later, Brzonkala filed a complaint against Morrison and Crawford under Virginia Tech’s Sexual Assault Policy. After two hearings, Morrison was found guilty of sexual assault and sentenced to immediate suspension for two semesters. At some point throughout the duration of these hearings, Morrison personally admitted to having sexual contact with Brzonkala after she said “no” twice, however still affirmed that the sexual act was consensual. Crawford, however, stated that he left the room before any sexual activity commenced and was later charged with a lesser offense that was unrelated to sexual conduct. Being that both Morrison and Crawford were valued varsity members of the prestigious Virginia Tech football team and worried about the continuity of their athletic careers, they made an appeal through the university’s administrative system to reduce their suspensions. After being processed, the punishments were set aside