Citation7 Cal.5th 391, 441 P.3d 881, 247 Cal.Rptr. 3d 632 Brief Fact Summary. A natural gas leak resulted in the en masse relocation of a residential community near Los Angeles. The area’s businesses experienced a pecuniary loss due to the relocation. The local businesses sued the gas company for negligence to recover for the lost income. Synopsis of Rule of Law. Generally, a plaintiff cannot recover in tort law for purely economic loss that does not arise from an actionable physical, emotional, or reputational injury. ...
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The Prize Cases
Citation67 U.S. 635 (1862) Brief Fact Summary. The President declared a blockade in April of 1861 during the Civil War. Synopsis of Rule of Law. The President could institute a blockade against rebel states during the Civil War, and the property of residents of rebel states could be captured on the sea as “enemy” property. ...
Slaughter-House Cases
Citation. 83 U.S. (16 Wall.) 36 (1873) Brief Fact Summary. Butchers in Louisiana challenged the state statute that prohibited slaughtering animals in Louisiana and that required butchers to slaughter only at a certain place and pay a utility fee. Synopsis of Rule of Law. The entire domain of the privileges and immunities of citizens of the States lay within the constitutional and legislative power of the States, and without that of the Federal Government, with the exception of a few restrictions. ...
Slaughter-House Cases
Citation. 16 Wall. (83. U.S.) 36, 21 L. Ed. 394 (1873) Brief Fact Summary. Butchers in Louisiana challenged the state law that required all competing facilities to close but required the new corporation to permit independent butchers to slaughter by paying fees, alleging the violation of the Fourteenth Amendment. Synopsis of Rule of Law. Privileges and immunities that each citizen in the United States is entitled to include only those that are fundamental. ...
Slaughter-House Cases
Citation. 83 U.S. (16 Wall.) 36 (1873) Brief Fact Summary. Some butchers in Louisiana challenged the Louisiana statute that prohibited slaughtering animals in the State and butchers must slaughter only at a certain place and pay a utility fee. Synopsis of Rule of Law. With the exception of a few restrictions, the entire domain of the privileges and immunities of citizens of the States lay within the constitutional and legislative power of the States, and without that of the Federal Government. ...
Civil Rights Cases
Citation. 109 U.S. 3, 3 S.Ct. 18, 27 L.Ed 835 (1883). Brief Fact Summary. Plaintiffs were convicted under the Civil Rights Act of 1875 and challenged the constitutionality of their convictions. Synopsis of Rule of Law. The 13th and 14th Amendments do not empower Congress to outlaw racial discrimination in the context of private individuals. ...
The Prize Cases
Citation. 67 U.S. (2 Black) 635, 17 L.Ed. 459 (1863). Brief Fact Summary. During the Civil War, President Lincoln ordered a blockade of southern ports prior to a congressional declaration of war. Synopsis of Rule of Law. When the United States is invaded, the President is bound to meet the threat, with or without a formal declaration of war by Congress. ...
Slaughter-House Cases
Citation. 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873). Brief Fact Summary. The Louisiana legislature and the city of New Orleans had established a corporation charged with regulating the slaughterhouse industry, effectively giving it exclusive rights to the New Orleans slaughterhouse business. A group of butchers sued. Synopsis of Rule of Law. The Privileges or Immunities Clause only protects the legal rights that are associated with federal citizenship, not those that pertain to state citizenship. ...
Civil Rights Cases
Citation109 U.S. 3, 3 S.Ct. 18, 27 L.Ed 835 (1883). Brief Fact Summary. .In five separate cases, a black person was denied the same accommodations as a white person in violation of the Civil Rights Act of 1875. Synopsis of Rule of Law. The Thirteenth and Fourteenth Amendments do not empower Congress to outlaw racial discrimination by private individuals. ...
North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands)
View this case and other resources at: Citation. I.C.J. 1969 I.C.J. 3 Brief Fact Summary. The view that customary rules of international law determined the boundaries of areas located on the continental shelf between their countries and the Federal Republic of Germany (D) was contended by Denmark (P) and the Netherlands (P). Synopsis of Rule of Law. For a custom to become binding as international law, it must amount to a settled practice and must be rendered obligatory by a rule requiring it. ...
Civil Rights Cases
Citation109 U.S. 3 (1883) Brief Fact Summary. The Supreme Court of the United States (Supreme Court) declared the Civil Rights Act of 1875 (the Act) invalid because Congress did not have the constitutional power to make such a law. Synopsis of Rule of Law. Where a law steps into local jurisprudence and lays down rules for the conduct of individuals in society towards each other, without referring in any manner to any supposed action of the state or its authorities, it exceeds Congress’ scope of power because the wrongful act of an individual, unsupported by any such authority, is simp ...
Slaughter-House Cases
Citation83 U.S. 36, 16 Wall. 36, 21 L. Ed. 394 (1873) Brief Fact Summary. A Louisiana statute granting a monopoly over the butchering trade in three areas of the state was unsuccessfully challenged by Plaintiffs, butchers not included in the monopoly, under the Thirteenth and Fourteenth Amendments. Synopsis of Rule of Law. The Thirteenth Amendment does not empower individuals when their rights are taken, but rather is limited only to slavery. The purpose of the Fifteenth Amendment is to enforce the Thirteenth Amendment. The Privileges and Immunities clause only protects United States citiz ...
The Slaughter-House Cases
Citation83 U.S. 36, 21 L. Ed. 394, 872 U.S. 1139,16 Wall. 36. Brief Fact Summary. A Louisiana statute gave the Slaughter-House Company exclusive rights to the New Orleans slaughterhouse business. Plaintiffs, a group of butchers (Plaintiffs) sued. Synopsis of Rule of Law. In interpreting a provision of the United States Constitution (Constitution), it is necessary to look to the purpose for which the provision was enacted. ...
New York Times Co. v. United States [the Cases of the Pentagon Papers.]
Citation22 Ill.403 U.S. 713, 91 S. Ct. 2140, 29 L. Ed. 2d 822, 1 Med. L. Rptr. 1031 (1971) Brief Fact Summary. The Supreme Court of the United States (Supreme Court) granted certiorari, to consider the whether the United States could enjoin both the New York Times and the Washington Post from printing the Pentagon Papers. Synopsis of Rule of Law. The First Amendment freedom of the press should be afforded the greatest protection. An injunction that seeks to proactively quash speech is impermissible, unless imminent harm can be proven. ...
Civil Rights Cases
Citation109 U.S. 3, 3 S. Ct. 18, 27 L. Ed. 835 (1883) Brief Fact Summary. Several individuals of color were denied admission to theaters, cabs, cars, and inns based on their race. These individuals claimed that this violates their under a federal law passed in 1875 that entitles all individuals in the United States the right to equal treatment in places of public accommodation and the quasi-public facilities of this country. These individuals won their lawsuits under this act, and the Defendants appeal claiming that this act is an unconstitutional use of Congressional power as provided in th ...
Slaughter-House Cases
Citation83 U.S. 36, 16 Wall. 36, 21 L. Ed. 394 (1873) Brief Fact Summary. Butchers had to use one facility to slaughter their livestock. All competing plants were closed and the butchers had to right to slaughter at the corporation’s plant. Synopsis of Rule of Law. The Thirteenth and Fourteenth Amendments do not protect people from state legislation. ...
The Prize Cases
Citation67 U.S. 635 Brief Fact Summary. Union ships pursuant to President Lincoln’s April 1861 Order declared a blockade of southern ports seized ships carrying goods to the Confederate States. Synopsis of Rule of Law. It is the Congressional prerogative “to declare war” under Article , Section: 8, Clause 11. However, the President has the ability to take action when attacked. ...
The Civil Rights Cases: United States v. Stanley
Citation109 U.S. 3, 3 S. Ct. 18, 27 L. Ed. 835, 1883 U.S. Brief Fact Summary. Owners of theatres and hotels were prosecuted for discriminating against African Americans. Synopsis of Rule of Law. Under the Fourteenth Amendment of the United States Constitution (Constitution), Congress does not have the power to pass laws prohibiting discrimination by private citizens. ...
Slaughter-House Cases (Butchers’ Benevolent Association of New Orleans v. Crescent City Livestock Landing and Slaughter-House Company)
Citation83 U.S. 36, 21 L. Ed. 394, 1872 U.S. 16 Wall. 36 Brief Fact Summary. Butchers challenged the constitutionality of a state law giving a monopoly to a particular slaughterhouse. Synopsis of Rule of Law. The Thirteenth and Fourteenth Amendments of the United States Constitution (Constitution) apply only to former slaves. The Fourteenth Amendment protects the privileges and immunities of national, not state citizenship. ...
Thing v. La Chusa
Citation. 48 Cal. 3d 644 | 771 P.2d 814 | 257 Cal. Rptr. 865 Brief Fact Summary. Plaintiff’s son was injured in a car accident, but plaintiff did not witness the accident. Synopsis of Rule of Law. Foreseeability of the injury alone was not a meaningful restriction on the scope of an action for negligent infliction of emotional distress. ...
State Rubbish Collectors Association v. Siliznoff
Citation38 Cal. 2d 330, 240 P.2d 282 (1952) Brief Fact Summary. The defendant acquired an account for rubbish collection through his father-in-law, who was a member of the plaintiff trade association. The account was taken from Abramoff, another member of the association. The defendant, a non-member, was threatened that if he did not pay Abramoff for the account and join the trade association, he would be beaten up and his career would be over. Synopsis of Rule of Law. The jury is in the best position to determine whether a claim for emotional dist ...
Soule v. General Motors Corp.
Citation8 Cal. 4th 548, 882 P.2d 298, 34 Cal. Rptr. 2d 607 (1994) Brief Fact Summary. The plaintiff’s ankles were badly injured when her car made by the defendant collided with another car. She claimed that defects in her car allowed its left front wheel to break free, collapse backwards, and smash the floorboard of the car into her feet. The defendant claims that the force of the collision alone caused the injury, not a design defect. Synopsis of Rule of Law. In cases of design defects in complex products, the risks and benefits of the design sh ...
Rodriguez v. Del Sol Shopping Center Associates, L.P.
Citation326 P.3d 465 (N.M. 2014) Brief Fact Summary. In these consolidated cases, a truck crashed through the window of Concentra Medical Clinic, causing deaths and injuries of several people. Both groups of plaintiffs sued the defendant, which was the owner and operator of the shopping center that Concentra located at. Synopsis of Rule of Law. When determining the existence of a duty of care, foreseeability is not a question for courts to consider. ...
Moore v. Ford Motor Co.
Citation332 S.W.3d 749 (Mo. 2011) (en banc) Brief Fact Summary. The plaintiff, a heavier woman, got into a car accident in her Ford Explorer. Upon impact, her seat collapsed backwards, and she fractured her spine, rendering her a paraplegic. There was no warning from the manufacturer that the seat might collapse in this manner. Synopsis of Rule of Law. Strict liability for failure to warn can still be applied even if the product in question was not defective. If the product was rendered unreasonably dangerous by characteristics of its users, an ad ...
McDougald v. Garber
Citation73 N.Y.2d 246, 536 N.E.2d 372 (1989) Brief Fact Summary. The plaintiff underwent a surgery performed by the defendant, and, in the course of the operation, was deprived of oxygen. This led to brain damage and a permanent coma. Synopsis of Rule of Law. A plaintiff must be aware of her loss of enjoyment of life to be compensated for it, and that loss must be considered under the umbrella of pain and suffering damages rather than separately. ...