North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands)
Brief

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. ...

Constitutional Issues Arising In Criminal Cases
Outline

A. Confrontation Clause Generally: The Sixth Amendment Confrontation guarantees a criminal defendant the right "to be confronted with the witnesses against him." The Confrontation Clause applies in state and federal prosecutions and operates independently of any hearsay rules. Evidence otherwise admissible under the hearsay rules must nevertheless be excluded if it will violate the defendant’s right to confront and cross-examine the declarant. B. The Confrontation Clause and hearsay under the rule of Ohio v. Roberts: Ohio v. Roberts made hearsay evidence admissible in a criminal cas ...

Rules Concerning Impeachment In Cases Of Sexual Assault Or Child Molestation
Outline

Many jurisdictions have enacted rape shield laws which protect the victim of a rape from impeachment by evidence of prior sexual misconduct FRE 412(a) forbids the use of opinion or reputation testimony regarding the past sexual behavior of the alleged victim, and only permits other evidence regarding the alleged victim's past sexual behavior in three specific situations, and under strict procedural guidelines. ...

Civil Rights Cases
Brief

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Slaughter-House Cases
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View this case and other resources at: Citation. 83 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 Privileg ...

The Slaughter-House Cases
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View this case and other resources at: Citation. 83 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.]
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Civil Rights Cases
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View this case and other resources at: Citation. 109 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 uncon ...

Slaughter-House Cases
Brief

View this case and other resources at: Citation. 83 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
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The Civil Rights Cases: United States v. Stanley
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View this case and other resources at: Citation. 109 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)
Brief

View this case and other resources at: Citation. 83 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. ...

Basic Inc. v Levinson
Brief

View this case and other resources at: Citation. 485 U.S. 224 (1988) Brief Fact Summary. Levinson (Plaintiff), representing a class of shareholders, brought an action against Basic, Inc. (Defendant) and its directors, claiming they violated § 10(b) of the Securities and Exchange Act by issuing three public statements that were false and misleading. Synopsis of Rule of Law. If a public statement issued by a corporation is materially misleading, it violates § 10(b) of the Securities and Exchange Act. ...

Sinclair Oil Corp. v. Levien
Brief

View this case and other resources at: Citation. Del. Sup. Ct., 280 A.2d 717 (1971) Brief Fact Summary. Levien (Plaintiff), a minority stockholder in Sinven, accused Sinclair (Defendant), the parent company, of using Sinven assets to finance its operations. Synopsis of Rule of Law. The intrinsic fairness test will be applied in a case where a parent company controls all transactions of a subsidiary, receives a benefit at the expense of the subsidiary’s minority stockholders, which places the burden on the parent company to prove the transactions were based ...

Brehm v. Eisner
Brief

View this case and other resources at: Citation. Del. Sup. Ct., 746 A.2d 244 (2000) Brief Fact Summary. Brehm (Plaintiff) sued Eisner (Defendant) for approving an employment agreement and subsequent non-fault termination of Disney’s president, Ovitz. Synopsis of Rule of Law. A complaint that is mostly conclusory does not meet the rules required for a stockholder to pursue a derivative remedy. ...

Stone v. Ritter
Brief

View this case and other resources at: Citation. Del. Sup. Ct., 911 A.2d 362, en banc (2006). Brief Fact Summary. Shareholders (Plaintiff) brought a derivative action against AmSouth Bancorporation (AmSouth) directors (Defendant) contending that demand was excused because the Defendant breached their oversight duty.  Allegedly, the breach caused approximately $50 million in penalties the corporation was required to pay as a consequence of its employees’ failure to file specific reports required by federal banking regulations. Synopsis of Rule of Law. W ...

J.I. Case Co. v. Borak
Brief

View this case and other resources at: Citation. 377 U.S. 426 (1964) Brief Fact Summary. Borak (P), a shareholder of J.I. Case Co. (D), sought private relief arguing that shareholders approved a merger with another corporation with proxy statements that violated federal securities laws. Synopsis of Rule of Law. The court is free to design an appropriate remedy, and a private civil action will lie, when a federal securities act has been violated, but no private right of action is specifically authorized or prohibited. ...

Singleton v. Foreman
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In Re James H. Himmel, Attorney
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Shaughnessy v. Eidsmo
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Yarbro v. Neil B. McGinnis Equipment Co.
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Speelman v. Pascal
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Erickson v. Grande Ronde Lumber Co.
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H.R. Moch Co. v. Rensselaer Water Co.
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