Rebecca, If the agent is not acting within the scope of employment, respondent Superior could not apply. For example, if a delivery truck driver was on the way to work and hit someone; respondent Superior would not apply. Is in the same scenario, the delivery truck driver was on his route and hit someone; respondent Superior could apply. The assignment from last week is also a great example of respondent superior not applying. Respondent Superior ultimately does not apply when the agent is acting with their personal interests in mind and not the interests of the employer. Kevin, I agree that this case seems like they manipulated the law. They manipulated the law by never bringing up how the driver the hit the plaintiff was a drunk driver
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry
Her boyfriend took his eyes off of his road for a second and they are hit by an oncoming car. Deena ends up with permanent paralysis and her boyfriend is killed. The person who smashed into Deena’s car was another high schooler headed to the prom. The one difference is that the driver of that car was drinking while driving. The driver of this car was 17 years old. Does that really make a difference? Absolutely not. No matter what age, if a crime is committed, a consequence need to be put into action. Let’s flip the story though. Instead of a 17 year old driving drinking, let’s make it a 30 year old. Now, when this case hits the news, everyone will be so sorrowful towards the victims and want to punish the 30 year old, but when the 17 year old faces the consequences, it looks like the system is messed up, right? Wrong. Absolutely, utterly wrong. There is nothing wrong with the system, just the imbeciles that enter it.
At 14:32 Haring was arrested for OWI and fleeing the scene of an accident. He was taken away for booking and a Data Master Breathalyzer test.
We learned in class that courts try to be consistent and that is what happened is this specific case. Lemon v. Kurtzman created the test that kept rearing its ugly
In the case Shannon v. Wilson, Plaintiff, Marlan Dale Shannon, sued defendants, L.K. Wilson and Elizabeth Ashworth, for the wrongful death of his son, Charles Shannon. The plaintiff’s son and his friend, Jarred Sparks, were killed in an automobile accident due to intoxicated driving. Jarred was found in the driver’s seat, and Charles was found in the passenger seat. The two minors were found dead and inebriated with blood alcohol levels of .10% and .07%, respectively. Before the incident, David Farmer, also under aged, took them through a drive-through liquor store and was sold beer and liquor without proper verification of age; he left the vehicle at a different location while the two minors remained in the vehicle and consumed the alcohol
For my United States Supreme Court article, I selected the Legal Digest Supreme Court Cases: 2015-2016 Term by the FBI Academy Legal Instruction Unit. This particular article covers several interesting United States Supreme Court Cases. One of the specific group that stood out and capture my attention was the Driving Under Influence cases. There were 3 cases combined for this topic. The state of Minnesota had 1 case and the state of North Dakota had the other 2 cases. The name of the cases is Bernard v. Minnesota, Birchfield v. North Dakota and Beylund v. Levi.
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.
Not every DWI (driving while intoxicated) case ends the same, some have different verdicts in the courtroom. The Ethan Couch case is a great example of why punishing drunk drivers should be more enforced and not so lenient. The teen from Texas was driving drunk with two other passengers in his pickup truck on June of 2013, when he hit and killed four people. Ethan Couch was tried as a juvenile and charged with four counts of Intoxication Manslaughter, but was only sentenced to ten years of probation. His lawyers argued that it was due to “affluenza”, which means that he came from a wealthy family and it prevented him from understanding what was right from wrong, so he was not held accountable for his actions. The judge who took on this case
The Eleventh Circuit found that the Commission’s selection process in 2003-2004 “categorically excluded” certain faiths from the list of potential invocational speakers for meetings of the planning commission. Id. at 1282. In addition, the court found that the Commission’s selection of invocational speakers was not based on an impermissible motive because it included diverse religious institutions. Id. at 1278 ( citing Marsh 463 U.S. at 793-94).
In Scotus blog, the United States Supreme Court judges against a familiar foe were at their best. It was very easy putting doctrinal clodhopping aside in trying out the amateur court team. Birchfield v. North Dakota a Wednesday court case involving laws imposing on motorist’s criminal penalties for being suspected of drunken driving (Birchfield v. North Dakota, 2016). Furthermore, when a chemical test, especially for breath or blood, was rejected. North Dakota with other eleven states passed measures avoiding annoying issues. These include how to obtain a warrant before you stick into the driver 's arm a needle or a tube in the driver 's mouth. Refusal to take a blood test led to the arrest of Danny Birchfield, who argued that this law was violating the Fourth Amendment typically requiring a police warrant to conduct a search. For North Dakota, motorists have to give their consent to chemical tests when they intend to drive in the state. Danny Birchfield challenged this saying that consent, which is legally mandated, does not permit at all. Birchfield’s problem was drunk driving since police had already arrested after he was driving into a ditch and forcefully attempting to turn out of it. He then emerged out of his car smelling alcohol. Fellow petitioners, in this case, were also losers after consolidating to his case. After almost hitting the stop sign, Steve Michael Bylund was also pulled over consequently holding his car on the road. An empty glass of wine is what was
7. Deny: we had permits from the city and inspectors came out and approved that our Property did comply with the city’s codes and regulations.
Under Arkansas case law pertinent to actual fraud, Is Mr. Sidewinder liable for fraudulent misrepresentation, when (1) the sword which was solicited as authentic turned out to be a replica; (2) the defendant characterized the sword as what he personally believed to be true; (3) the plaintiff was given the opportunity to inspect the sword before the sale was induced; (4) the plaintiff relied on the statements of the seller, believing him to have peculiar knowledge in the field, and purchased the sword before examining it herself; (5) the plaintiff bought the sword for $50,000 when it was only appraised to a value of $1,000?
That was an interesting article! I do not think the drunken driver had planned to kill an innocent woman at the time, just created a terrible mistake of drinking and driving. I truly believe it was generous for the judge to be a bit lenient considering he is only 23 years old. Travis having to go to serve one week on the death anniversary of Emily will help him understand the irresponsible mistake he made of drinking. I agree with the father’s statement about not only being a consequence but also as a way to give Travis a lesson. Not only could this serve as a lesson to Travis but to other people as
The recent drunk driving accident happened on March 12th of this year. A lady name Jennifer Hanks age 38 was crossing a street when she was seriously injured by a drunk driver (nola.com). Her sister Catlynn Paige watched the surveillance video of a car hitting her sister about 6 times (nola.com). She was hit by a man named Luis Delatorre age 59 which this accident was his second DUI that he received since 2008. His bond was a low $7,500 which people say that this was another slap on the wrist.
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)