The case of Williams v Roffey Bros has presented a strong challenge to the conventional rules of consideration; the leading case regarded as being Stilk v Myrick. Despite this, it has been argued that a decision to retreat from the traditional approach has not had a momentous impact on the doctrine of consideration and therefore has encountered criticism, as well as
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
It is often believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof, however, that as contrasting as they are on the surface they are actually working together to achieve one common goal.
During the 1970’s, Connecticut was a very prosperous state with growing numbers of minorities. Many of these minorities would tend to live in the same neighborhoods which would lead to other races, like whites, leaving an area and moving to a new area away from these minorities. We learned about white flight in The Children in Room E4, but this has been relevant for many decades. These whites may have not moved out of state, but just away from the minority neighborhoods to places like the suburbs. This tended to cause property values to decrease in the minority neighborhoods, making it cheaper for more minorities to move in, but also harder for the minorities to move to areas where white people may be living like the suburbs. With decreased property values beginning to happen, the property taxes were also beginning to decrease. This is what led to the development of the case Horton v. Meskill. Also during this time, the United States was barely a decade old from all of the segregation it had experienced during the 1960’s. the segregation had an influence on why whites were moving away from the minorities, which was causing these public school property tax funding’s to be low. Even though segregation de jure was outlawed at this time, there were still people living by segregation de facto. The people did not realize this at this time in the 1970’s, but it eventually built up momentum and became relevant in the Connecticut court case Sheff v. O’Neill.
As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical
MILLERSBURG — A local man who admittedly filmed coworkers using an employee bathroom now faces the potential of local jail time.
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
Facts: After Williams was arrested for the disappearance of a 10 year old girl police told his counsel that they would be transporting him from Davenport, Iowa where he was arraigned to Des Moines, Iowa where he was to be held with out questioning him about the case. Eventually after talking with the transporting officer he made incriminating statements and gave information on the area that the body of the child could be found. A large team of volunteers that was actually searching around the area where the body was found was then called off
This case is followed by the laws and regulations of OSHA. OSHA (Occupational Safety and Health Act) is an organization that has been put into place to ensure the safety of employees while on their jobs. These regulations are put into place to help reduce the number of on the job injuries and deaths.
The case of Mills v. Rogers has a significant importance in virtue of the human, civil and constitutional rights of the patients who are hospitalized at mental institutions. Despite the fact whether the patient was there voluntarily or contrary, Rogers believed that the institutions should respect the patient’s decision when it involved antipsychotic drug treatments. Rubie Rogers was a 36-year old black woman who voluntarily institutionalized herself at the Boston State Hospital (BSH). Rogers suffered from hallucinations along with delusions and acquired a history of thought disorder such as violent behavior. Before Mills v. Rogers, a prior lawsuit was filed.
On January, 23 1906 a white woman named Nevada Taylor was dropped off the bus station in Chattanooga, Tennessee at 6:30 p.m. only two and half blocks from her home. Little did she know she was being followed? A man grabbed her by the neck and drug her ten feet before throwing her over a fence. She screamed and struggled as he put a leather strap around her neck and threatened to cut her throat. Taylor accounts waking up about ten minutes later in torn and dirty clothes covered in bruises. Her doctor later confirmed she had been raped. She claimed to have never of saw the face of the attacker but he had a soft voice of a black man. During this time of prejudice, segregation and hatred towards Negros was just a way of life for the
Roper v. Simmons was a supreme court case that was decided in 2004 which dealt with whether it is against the constitution, and falls under cruel and unusual punishment, the execute someone who is under the age of 18. This case was particularly important as it dealt with something that many people were against entirely: the death penalty. A variation of this issue was decided nearly twenty years earlier in Thompson v. Oklahoma when it was decided in a five-to-three ruling that it was not constitutional to execute anyone under the age of 16. There have also been many other landmark cases that have challenged the constitutionality of the death penalty for certain parties such as in Atkins v. Virginia which was decided just three
The courts should treat minors as adults when they are accused of serious crimes. A murder is a killer no matter if they are seventeen or seventy. Just because the juvenile who committed a serious crime is not an adult does not mean that they should get treated any different than an adult offender. A serious crime is one that almost always includes violence, and a violate criminal should not be allowed back in the general population for a long time no matter their age. In the Roper v. Simmons case the seventeen year old kid, pleaded guilty, not only did he admit to the crime but he bragged about his plans before and after the murder.
Currently in the United States there are no federal laws relating to sexual assault. This is due to the court ruling of US v. Morrison which overturned the clauses in the Violence Against Women Act which allowed women to sue their attackers in a Federal court. The Supreme Court justified overturning these articles in the VAWA by saying that allowing women to sue in Federal court whether there was a conviction or not was an over reach on the part of the Federal government and the commerce clause. By doing this the Supreme Court limited the commerce clause in order to overturn the articles, which was one of the first time that the commerce clause had been limited since its
For a timeline and a narrative of the cases that set legal precedence in the areas of retaliation and sexual harassment would consist of Williams v. Saxbe in 1976. The court recognized sexual harassment as a form of sexual discrimination when sexual advances by male superior towards female employee. In the Barnes v. Costle case in 1977, it set the precedent that if a female employee was retaliated against for rejecting sexual advances of her boss, it is a violation of Title VIIs prohibition against sex discrimination. The court of US Court of Appeals, Second District ruled in this matter. In the Bundy v. Jackson case in 1981, it set the precedent that if an employee is sexually insulted, there can be Title VII liability. This was ruled by
Illogical distinctions. The use of distinguishing to avoid past decisions can lead to ‘hair-splitting’ resulting in some areas of the law becoming very complex. From 1898 to 1966 the House of Lords was completely bound by its own past decisions unless the decision had been made per incuriam, that is, in