The owner and producer of WSLZ will most likely be held liable for negligence because, under the totality of the circumstances test, the atmosphere created by the personal nature of information being shared on the Sherry Springer show and the circumstances of a previous incident. Common law requires that a plaintiff prove (1) a duty owed to the plaintiff by the defendant; (2) a breach of that duty by the defendant; and (3) injury to the plaintiff proximately caused by that breach. Hayden v. University of Notre Dame, 716 N.E.2d 603, 605, (Ind. App. 1999), (citing Wickey v. Sparks, 642 N.E.2d 262, 265 (Ind.Ct. App.1994)). For the purpose of this memo, only whether or not a duty was owed to Suzy Ann by WSLZ will be looked at. To determine if there was a duty Indiana courts use the totality of the circumstances test and, “all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents, to determine whether a criminal act was foreseeable.” Ellis v. Luxbury Hotels, Inc, 716 N.E.2d 359, 361 (Ind. 1999), (quoting Delta Tau Delta v. Johnson, 712 N.E.2d 968, 972 (Ind.1999)). Courts will look at whether there are prior incidents and the defendants do not act unusual or give indication that they will become violent as seen in Ellis v. Luxbury Hotels, Inc. in which a hotel attendant gave the husband of a guest the guests room key because the husband told the attendant that he was the guest’s brother and was
My understanding of the court system has changed almost weekly from the beginning of my semester. I do understand things that I never thought I would’ve have known or even cared about in the least. The book Courtroom 302 has brought an even different side of thinking into this. The book goes into detail about the criminal court in Chicago. He watches all of the actions and different trials that come and go in the courtroom 302. He presents many different cases throughout the book which gives more insight then just a single case.
In the Case of Missouri v. Seibert, a mother named Patrice Seibert was convicted of second degree murder. Patrice Seibert had a son named Jonathan who was twelve years old and had cerebral palsy. Jonathan Seibert suddenly died in his sleep, and his mother thought that she would be held responsible for his sudden death. Ms. Seibert then devised a plan with her two older sons and their friends. She wanted to cover up the death of Jonathan, so she conspired with her sons and their friends to cover up the death by burning down their mobile home. Donald Rector was a mentally ill individual who stayed with the Seibert’s and later died as the home went up in flames. Several days later, Seibert was taken into the police station and questioned about the mysterious mobile home fire. While being interrogated, the officer waved Ms. Seibert’s Miranda rights. She was questioned for thirty to forty minutes before she was given a break. While being questioned, the officer hoped that Ms. Seibert would voluntarily confess to the crimes that had taken place. After her break, she was then questioned a second time. This time, the officer turned on a recorder and then read Ms. Seibert her Miranda Warnings, and the officer also obtained a signed waiver of rights from Seibert.
seeks to ensure that the defendant will appear at the appointed time to face charges.
Tiller Construction Corporation entered into two contracts with Nadler, the CEO of Glenmar, where Tiller would do “the work” for Nadler at Westridge for $637,000 and the other for Tiller to do “the work” for Nadler at Cranberry for $688,800. Nadler agreed to be personally liable to Tiller for the payment of both contracts. When the job was done, Nadler refused to pay the remaining balance of $229,799.46 for the Cranberry project and a remaining balance of $264,273.85 for the Westridge project. So Tiller sued Nadler for the amount owed, plus interest, costs, and attorney’s fees.
The Supreme Court Case Miranda V. Arizona is very famous. This case took place in the state of Arizona in 1966. A man named Ernesto Miranda was arrested. He was accused of raping a girl. The lady described him and the car he drove. Later she even saw the car she believed it was and reported the license plate. The number was registered to Ernesto's girlfriend. Before this arrest for rape, Miranda had previous run ins with the law. He had once served a year for for a different rape. There was a line up, in which the victim couldn't positively identify Miranda as the attacker. He was still interrogated anyway and told he was picked out. After being arrested the only thing that happened was that he was given paper, and would need to write down a confession.
This additional evidence showed that Days Inn did not exercise ordinary care in keeping the premises safe. The court concluded that the prior criminal activity was sufficiently substantially similar to Matt’s incident and the landowner was negligent in not taking reasonable precautions to protect its guests. Id. at 795
this is situations when people start to become aware or their own legal rights and looking to seek compensation. an individual will bring the case forward against another person (defendant) to claim any damages that have been caused.
But the law has evolved to where the seller has to disclose material, latent defects that they are aware of pertaining to the home that is being sold. Failure to disclose defects is a part of the evolution of the law. Under failure to disclose, if the seller is found o have known about a material defect, not disclosed the defect, and the buyer relies on the seller’s word to their detriment, the seller is found to be liable to failure to disclose. For example, in Johnson v. Davis, 480 So. 2d. 625, the Johnson’s know of the leaky roof in the home that they were selling to the Davises, but the represented the home as if there were no defects. The Courts rules in the Davises favor because the Johnsons had a duty to disclose defects that are material so that the buyer will not rely detrimentally on them. The same rule applies in the Powell v. Knox case. The current case distinguishes from the Johnson v. Davis case because Mr. Knox testified that he had no knowledge of the contaminated soil in the backyard, because he and his late wife never attempted to plant veggie only flowers. He also testified that his hearing is not that best, which prohibited him from hearing the parties across the street. The jury found that Mr. Knox was not had liable for failure to disclose due to Mr. Knox not having prior knowledge of the defects and the Powells willingness to overlook the issue for the chandelier in Mr. Knox’s
Historically, the transferred intent doctrine has been applied to five intentional torts. The five torts are battery, assault, false imprisonment, trespass to chattel, and trespass to land. Under transferred intent, if the defendant intends any of these five torts, but her acts, instead or in addition, result in any of the other five intentional torts, the defendant is liable, even though she did not intend the other tort. The transferred intent rule may have emerged because these five torts were historically associated with a single action for trespass. The concept of trespass was not limited to the contemporary meaning of trespass to land, but embodied many types of direct injuries. It is important, consequently, Torts, is a large area of private law concerned with compensating those who have been injured by the wrongdoing of others to recognize that courts have applied the concept only to these five intentional torts. The law of torts is mainly judge-made law; courts over the centuries have defined people 's rights and obligations with respect to their fellows. These are constantly in flux and change to meet new technological and social concerns. The example for our case would be the case law of Donoghue v. Stevenson. This is one of the most important cases in English tort law history. The judges determined that each citizen has a duty of care for his or her fellow citizens where it is
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Whether Sherman, under the attractive nuisance doctrine, will likely prevail against Carlisle for multiple injuries he sustained in a fall from wooden steps of a tree house in disrepair while trespassing upon Carlisle’s property when: (1) Carlisle was aware that the neighborhood surrounding his property was populated with children; (2) a severe storm had damaged Carlisle’s property and exposed the previously concealed tree house; (3) Sherman was six years of age at the time of his injury; (4) Carlisle had little incentive to make repairs to the tree house prior to the storm because of its concealment; (5) immediately following the storm, Carlisle made arrangements with a contractor at a higher than average rate to make
The contractor, upon the breach of his obligations, he caused some damages to the owner and he should be exposed to forfeiture.
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their
Time Warner In 1989, the largest Media Corporation was formed. The integration of Time Inc. and Warner communications produced Time Warner, which in 1996 with the acquisition of Turner broadcasting, regained it's status from Disney as the largest media corporation in the world. The company right now, with over 200 subsidiaries world- wide, is becoming fully global with it's profits from the USA falling, and it's profits throughout the world rising.
The main issue was whether McKee was an employee thus entitled to damages for wrongful dismissal or an independent contractor. The court held that McKee was an employee of Reirds Heritage Homes and not an independent contractor. The judge was concerned with the degree of the relationship between an employer and an employee. The main area of duties for Reids Heritage Homes was to sell houses and McKee totally engaged herself in this. Therefore, the Court concluded that McKee was an employee of Reirds Heritage Homes and was entitled to notice of employment termination and damages thereof.