Case Study: Fletcher V. Peck

Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.

Pamela Powers on December 24, 1968 was kidnapped from a YMCA in Des Moines, Iowa and then murdered. A 14-year-old boy reported having had helped Robert Anthony Williams (defendant) car door and said he saw two skinny and white legs. His car and Pamela’s clothing were found the next day. William was found two days later in a town 70 miles away. During transport one of the officers inculcated William to tell them where to find the body in order for the child’s parents to have a Christian burial. William gave in and led them to the body consequently admitting to knowledge of the crime. In that same day (December 26), the Iowa

One of the most important events that had occurred in the state of Georgia that would forever shape its history begun shortly after the American Revolution. When the cotton gin was invented, Georgia’s economy had transformed into a cotton and tobacco based plantation economy. In order to keep with the demands of the economy and citizens, Georgia had adopted the Headright System. The Headright System granted every head of household large acreages of land, which would quickly replace the small farms in Georgia. Then in 1783, the Treaty of Paris had formally ended the American Revolution. Although the war had ended, the nation was still troubled with various issues. The state of Georgia would see shortly after the Revolutionary War that although the Treaty of Paris had given the Floridian territory back to Spain, they were to be left to settle an international dispute once Spain asserted their ownership of land east of the Mississippi and north of the Yazoo River. Georgian’s who were eager to purchase the large amounts of land found west of the Mississippi to either begin plantations or to sell lands to planters. This would soon cause the climax of much trouble in Georgia when state legislators and land companies would work together to essentially set the prices to sell the land in what would be known as the “Yazoo Sale” scandal, which would indirectly result in the Trail of Tears. The most important themes and trends in Georgia’s history from the end of the American

filed with the U.S. Supreme Court an action challenging the authority of Georgia's laws. The Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered into their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court held that it did not have the authority to strike down Georgia's laws. In dicta that became particularly important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted a "private, dependent nation" that existed under the custody of the United States.

The American Revolution marked the beginning of a new era for the colonies. The newly established states were met with a set of unique challenges. One of the challenges Georgia encountered was settling an international land dispute with Spain. In 1783, the Treaty of Paris formally ended the Revolutionary War and Spain was given back their Florida territory. However, Spain had also asserted ownership of land east of the Mississippi and North of the Yazoo River which Georgia had also claimed. Georgia was left to settle this international land dispute on their own. Georgia’ solution to this land dispute was to settle the Yazoo Lands. Georgia legislatures needed to ensure that they could quickly settle these lands and began taking offers from land speculators. However, the process by which these land speculating companies would acquire these lands would ultimately have a significant impact on the state of Georgia. The Yazoo Land Sale Scandal had many effects, yet one of the most significant events to indirectly come from this scandal would be the Trail of Tears (NGE: Yazoo Land Fraud). The most important themes and trends in Georgia’s history from the end of the American Revolution through the late 1830s are symbolized by the Yazoo Sale, its origin, and its aftermath.

In 1831, the Cherokee nation went to court against the state of Georgia. They were disputing the state’s attempt to hold jurisdiction over their territory. Unfortunately, because they are not under the laws of the constitution, the Indian’s right to court was denied. It was not until 1835 that the Cherokee finally agreed to sign the treaty, giving up their Georgia land for that of Oklahoma.

The Marshall Trilogy describes Chief Justice John Marshall's rulings between 1823 and 1832. Three key Native rights decisions mark Marshall's tenure on the Supreme Court: Johnson and Graham's Lessee v. McIntosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). These decisions defined rights of territoriality, and the relationships between the Native groups and the state and federal governments as well. In the Johnson v. McIntosh (1823) case, the Court brought into question the Europeans traditional practice of claiming lands by the right of discovery if they were unoccupied by Christians. The decision reached by the court was that Europeans had the right to intrude peacefully into indigenous lands, but that Native peoples maintained their right to the occupation of their land. Indian rights, Marshall asserted, were not extinguished by European discovery, but merely "impaired." The consequences of this decision were to diminish Native groups' vested rights in their lands in exchange for recognition of some sort of political sovereignty, undefined legally or constitutionally by that

This is the case all about the oral contract between two parties for the sale of land. When Donald Warner made contract with his friend Sutton regarding the sale of his property, Sutton has to pay certain amount as a down payment and for 5 years Sutton can pay partial amount as installment basis to own the property. Sutton has been doing same thing by paying amount in monthly basis to Warner so that to transfer ownership of property within the period. All these contracts were made orally and there was not any written evidence for the contract of sale of land.

Rakas v. Illinois, 439 U.S. 128 (1978) The Court held that a defendant must prove there is a legitimate expectation of privacy for a search to be challenged.

In 1795, the Georgia legislature passed a law granting land to four companies in result of bribery from the companies to members of the legislature. Among the people who were granted such land was John Peck. However, the next year, the new Georgia legislature passed a law that nullified the 1795 law that granted the land. Despite the new law, John Peck sold the granted land to Robert Fletcher, in 1803, claiming former sales of the land were lawful. Sequentially, Fletcher discovered the law that nullified the original sale which made Peck’s sale unlawful therefore a breach of contract existed. Fletcher sued Peck for breach of contract specifically the covenant that declared the original sales were lawful.

Fletcher v. Peck, considered one of the U.S. Supreme Court's landmark decisions, is the first time the Court declared a state law unconstitutional. It also founded the idea that both public and private contracts are protected by the contract clause. The case concerned the question of whether Georgia's legislature had the authority to pass a law repealing a previous land grant made by the state. The Marshall Court would eventually find the 1796 act to be unconstitutional because the legislature was employing the judicial power of deciding a question of title.

1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

In this week chapter, we learn more about Federal Courts which deals with caseloads and case filings. Also, there are a lot of aspects that are involves in case filings in U.S Courts such as civil, criminal, prisoner petitions, and minor criminal. Furthermore, the rule of four has been a major factor when choosing which cases to review every year. And, I believe if we want to reduce the amounts of federal caseloads we need to adapt to a similar approach like the one specialized federal courts use when deciding which cases to hear. According to Neubauer & Meinhold (1991), “These courts are called specialized federal court because they are authorized to hear only a limited range of cases “(p. 64).

Atkins operates an advertising, and marketing firm and was contracted by Fischer to create the logo and brand identity of for both the bottle label and the six-pack carrier of the beer he created called 'Redneck Beer '. The parties entered into an agreement which contained the following provision:

The case was dismissed denying plaintiff's remand motion for forum nonconveniens (Dodge, (2015). For a corporation is to be regarded an instrumentality of the state, the FSIA specifies a state must possess ownership of majority shares of such corporation (Crook, 2010). The biggest issue, in this case, was whether the Dead Sea Companies were indeed an instrumentality of Israel (Dole Food Co. v. Patrickson). As it was revealed, it was determined that the company not be a direct subsidiary of Israel but was actually separated from Israel by one or more intermediate corporate tiers (Dole Food Co. v. Patrickson). These findings also indicated that the company was just an indirect subsidiary of Israel. Due to this information, the company