City of London v Samede and others [2012] EWHC 34 (QB) What is at stake in this litigation for the parties in the case and more broadly? (500) In this case, we have the defendants’ protest camp which was set up in St. Paul’s Churchyard on 15 and 16 of October 2011. It consisted of 150-160 tents, many used by protestors, either regularly or from time to time, as overnight accommodation and for several other activities and services. The defendant protestors had started to infringe on the area around St. Paul and set up camps. At an earlier stage some adjustments had been made to it in an effort to keep fire lanes open. The safety of the public as well as those protesting was rising and immediate attention was needed. The highway land in the City’s ownership that is occupied by the camp has been referred to in the proceedings as Area 1; it is divided into two sections a short distance apart. Adjoining that land is a smaller area, which has been referred to as Area 2 and is owned by the Church. Area 1 is part of a much larger area of highway and open land around the cathedral, which has been referred to as Area 3. The City has given no licence or consent for the protest camp, which, by the time of hearing, had been in place for more than two months. Attempts by the City to agree with protestors a time for its removal have failed. Several witnesses for the defendants have made it clear that they intend to stay for some time. Upon default, possession proceedings were issued
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Parties to the Case, Facts of the Case, and Business Reasons for the Dispute (30 points)
Kelo v. City of New London 545 U.S. 469 (2005) the U.S. Supreme Court answered “yes” to the question of whether or not taking land for the sole purpose of economic improvement would fall into the realm of public use requirement set forth in the Fifth Amendment’s Takings Clause.
According to the facts, it seems that the sentiment of John (Cougar) Mellencamp's hit in the 1984 fueled the controversies basing on the court’s decision on June 23, 2005. The ruling stated that the local government or federal government was entitled to exercise eminent dominant rules to enable them acquire private property and utilize it for purposes of economic development. “Eminent domain also referred to as condemnation, is the act of taking private property and making it public property by the local governing authority, state, or federal government” (Bradley 65). The private property taken away is converted to public property for public use.
Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)
M international (M) and W Inc (W) decided to enter a long term litigation, due to a patent rights violation. M being the demandant and W the respondent. Not enough information was provided in relation to the charges or the patent.
Eminent domain is the right of a government to seize and control private property in return for compensation if it’s specific purpose is for the greater good of the community as a whole. The Little Pink House is a book that gives an example of a major court case related to eminent domain from a journalistic account. The case of Kelo v. City of New London is the most famous case of condemnation in the history of the nation. The book tells the inspirational true story of Susette Kelo and her battle with the city of New London. Susette Kelo is woman who had recently came out of a long term marriage and purchased a rundown, waterfront, Victorian home in New London, Connecticut.
This review will address several issues associated with the legal, business, and ethics related to the case. First, it will address the legality of the case by reviewing the definition and analysis of the Uniform Commercial Code (UCC), Article 2. Next, this review will analyze the business effects of the case as they relate to the monetary bottom line and Stylarama’s attempt to protect his profits. Finally, it will highlight
Tr.:29. One police officer used a hand sign to signal he wished to speak. Tr.:29. He told the group that the police department ordered the officers to remove the occupiers from the park for violating the ordinance. Tr.:29. The officer continued, letting the occupiers know that what they were doing was important and that the police officers recognized that they fell into the group of society that the occupiers represented, or the 99 percent. Tr.:29. The officer then thanked the occupiers for their recent cooperation, but asked them to leave and told them that citations would be issued if they did not leave. Tr.:29. He informed the occupiers that if they remained after a citation was issued to them for not obeying the ordinance, the police would arrest them and charge them with misdemeanor trespass. Tr.:29. The defendants in this case represent the group of individuals who were either cited or charged after refusing to leave the park.
I did go two different courts. Southwark Crown Court which was opened in 1983 is one of those. It contains 15 courts, making it the fourth biggest court in the nation and is outlined as a genuine extortion focus. In England and Wales the crown courts additionally go about as a court of first occasion for serious criminal offences. A case, contingent upon the seriousness can take many deferent routs through the structure of the legal framework. The severe the crime, the higher the court that the trial does settled. My court visit on eighteenth and nineteenth of December 2014 was truly fundamental, keeping in mind the end goal to accomplish a more prominent useful understanding of the different angles and structural type of legitimate framework. A percentage of the procedures that they take after are indeed regulations of Act of Parliament, the lion 's share of which are a piece of the Court Procedures Act 2004.
The case of Kelo vs. City of New London generated major controversy that reached its way up to the Supreme Court. In addition, it has been the first major case involving eminent domain since 1984. Eminent domain is defined as “the right of a government or its agent to expropriate private property for public use, with payment of compensation”. The City of New London approved a development plan in 2000 that was “projected to create jobs, increase tax and other revenues, and to revitalize an economically distressed city”, according to the Supreme Court of Connecticut. In almost all economic development, development agents purchase property from willing sellers. When it comes to property owners who are a little more reluctant bartering over their
Olley v Marlborough Court Ltd [1949] 1 All ER 127 (UK Court of Appeal), Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516 (High Court)
The courts ruled that the plaintiff had not right to use such coercive methods when competing for business and the liability was clear in this circumstance. The defendant was awarded $1250.00 by the plaintiff for compensatory damages and $4000.00 was awarded by the association for exemplary damages. Plaintiff attempted to appeal stating the awarded amount was excessive; the courts ruled that the amount awarded was not excessive and denied the appeal from the plaintiff. No dissenting opinion was made.
This case was prepared by Professor Stephen E. Barndt of Pacific Lutheran University. This case was edited for 5MBP 9th Edition. Copyright C 1998 and 2000 by Stephen E. Barndt. This case was published in the Business Case [ourn Summer 1998. Vol. 1. No. t. pp. 53-{}9. Reprinted hy permission,