Reed v. Reed
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Anglia Television v. Reed
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Citation. 3 All E.R. 690 (House of Lords 1971) Brief Fact Summary. An actor and a media company entered into a contract for the actor to star in a film of a play for television.  The actor had to repudiate the contract, and a question as to the damages owed by the actor to the media company arose. Synopsis of Rule of Law. If a party cannot demonstrate an amount of lost profits they are entitled to, both expenditures incurred before and after the contract was concluded will be part of the damages award, if those expenditures "would reasonably be in the contemplation of th ...

Reed v. McCord
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View this case and other resources at: Citation. 18 App. Div. 381, 46 N.Y.S. 407 (App Div, 2d Dept 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party's own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements made ...

Reed v. Ross
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View this case and other resources at: Citation. 468 U.S. 1, 104 S. Ct. 2901, 82 L. Ed. 2d 1, 1984 U.S. Brief Fact Summary. An individual was convicted of murder, but a Supreme Court case decided after his conviction concluded that a procedural aspect of all cases including his was deemed invalid. Synopsis of Rule of Law. "[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures." ...

Gibbs v. Breed, Abbot & Morgan
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Kovacik v. Reed
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Reed v. Sears, Roebuck & Co
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View this case and other resources at: Citation. 934 F. Supp.713 (D. Md. 1996) Brief Fact Summary. Owen L. Reed, Jr. and Donna Reed, (Plaintiffs) bring this action individually and on behalf of their child, seeking damages against Sears, Roebuck & Co., (Defendant) for the sale of an allegedly defective storm door that caused injuries to their child. Defendant seeks summary judgment claiming the sealed containers defense. Synopsis of Rule of Law. The sealed container defense applies to products liability claims alleging "defective design or manufacture" as well as strict p ...

Louisville & Nashville R. Co. v. Mottley
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Citation. 11 U.S. 149 (1908). Brief Fact Summary. Mottley (Plaintiff) brought an action in federal court because its main defense was based on federal law. Synopsis of Rule of Law. An anticipated defense to an action that is based on federal law is not sufficient to confer federal jurisdiction. ...

Wyatt v. Fulrath
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View this case and other resources at: Citation. N.Y. Ct. App., 16 N.Y.2d 169, 211 N.E.2d 637 (1965) Brief Fact Summary. Spanish nationals sent personal property to New York where the law allows for all property to go to a surviving spouse while Spanish law allows only half to go to the survivor. Synopsis of Rule of Law. So long as a marital property contract is validly made it may determine the law to be applied to the property acquired during the marriage if the property is within the jurisdiction of the law to be applied. ...

Phillips v. General Motors Corp.
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View this case and other resources at: Citation. Mont. Sup. Ct., 298 Mont. 438, 995 P.2d 1002 (2000). Brief Fact Summary Phillips (Plaintiff), the legal guardian of the sole survivor of a traffic accident and personal representative of the estates of the survivor’s parents who died in the crash, brought suit against General Motors (GM) (Defendant) for personal injury, product liability, and wrongful death in Montana, where the accident victims resided. Synopsis of Rule of Law In a case where a potential conflict of laws exists, Montana will follow the most significant r ...

Bernkrant v. Fowler
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View this case and other resources at: Citation. Cal. Sup. Ct. 55 Cal. 2d 588, 360 P.2d 906 (1961). Brief Fact Summary Granrud was a vendor of land in Nevada who made an oral agreement with Bernkrant (Plaintiff) and other purchasers that if they paid a significant part of their debt prior to the due date he would provide in his will for the cancellation of any remaining indebtedness, but Granrud died having made no such provision in the will. Synopsis of Rule of Law The basic policy of enforcing lawful contracts made under the law of the state of execution prevents the ...

Yarborough v. Yarborough
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View this case and other resources at: Citation. 290 U.S. 202 (1933). Brief Fact Summary Father (Defendant), a resident of Georgia, contested the support award made by the South Carolina court to his daughter (Plaintiff), a domiciliary of South Carolina, on the ground that a Georgia judgment, pursuant to his divorce, was satisfied and has freed him of all further obligations to the child (Plaintiff). Synopsis of Rule of Law A state must give full faith and credit to a final judgment of another state, even though the prior judgment has a bearing on the internal affairs o ...

Chambers v. Ormiston
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View this case and other resources at: Citation. R.I. Sup. Ct., 935 A.2d 956 (2007). Brief Fact Summary Two female residents of Rhode Island were married in Massachusetts.  Afterwards, they petitioned the Rhode Island Family Court for dissolution of the marriage. Synopsis of Rule of Law Rhode Island’s family court does not have subject matter jurisdiction to hear a petition for dissolution of a same sex marriage since the term “marriage” only referred to being between a man and a woman when the legislature created the family court in 1961. ...

Baker v. General Motor Corporation
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View this case and other resources at: Citation. 522 U.S. 222 (1998). Brief Fact Summary Following an injunction issued in one state court prohibiting a former employee from testifying as a witness, Baker (Plaintiff) subpoenaed the same former employee to appear as a witness in another state in litigation against the same employer, General Motors Corporation (Defendant). Synopsis of Rule of Law Orders commanding action or inaction may be denied enforcement in a sister state when the intention is to accomplish an official act within the exclusive province of that other s ...

Semtek International Inc. v. Lockheed Martin Corp.
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View this case and other resources at: Citation. 531 U.S. 497 (2001). Brief Fact Summary Following a federal district court’s dismissal of a breach of contract complaint under California’s two-year statute of limitations, Semtek International Inc. (Plaintiff) filed the same action in Maryland, which has a longer statute of limitations, but the court dismissed the case on grounds of res judicata. Synopsis of Rule of Law Where no conflict of federal interests exists, the claim preclusive effect of a dismissal by a federal court sitting in diversity should be determine ...

Klaxon Co. v. Stentor Elec. Mfg. Co.
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View this case and other resources at: Citation. 313 U.S. 487 (1941). Brief Fact Summary Stentor Elec. Mfg. Co. (Plaintiff) received judgment for breach of contract based on Klaxon’s (Defendant) failure to manufacture and sell particular goods.  Defendant appeals that part of the order allowing interest on the damages from when the suit was filed. Synopsis of Rule of Law Federal district courts are required to apply the conflict of law rules of the state where the court sits when deciding a case based upon diversity jurisdiction. ...

Grable & Sons Metal Products, Inc., Petitioner v. Darue Engineering & Manufacturing
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View this case and other resources at: Citation. 544 U.S. 960 (2005). Brief Fact Summary The Internal Revenue Service (IRS) seized land owned by Grable (Plaintiff) to satisfy a delinquent federal tax.  Darue (Defendant) acquired a quitclaim deed to the property at a federal tax sale.  Plaintiff brought suit claiming it did not receive proper notice of the seizure. Synopsis of Rule of Law In cases where a federal cause of action is lacking, federal question jurisdiction may still exist over state law claims that implicate significant federal issues if such jurisdiction w ...

Gasperini v. Center for Humanities, Inc.
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View this case and other resources at: Citation. 518 U.S. 415 (1996) Brief Fact Summary A federal circuit court heard a case on diversity jurisdiction and let a jury verdict of $450,000 stand for lost photographic slides; the court of appeals applied New York law governing excessive damage awards and set the verdict aside. Synopsis of Rule of Law A state law governing the excessiveness or inadequacy of compensation awards does not violate the Seventh Amendment’s prohibition against reexamination of a fact tried by a jury if the state standard is applied by the federal t ...

Erie R.R. Co. v. Tompkins
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View this case and other resources at: Citation. 304 U.S. 64 (1938). Brief Fact Summary In a personal injury suit, federal district court trial judge refused to apply applicable state law since the law was “general” (judge-made) and not embodied in any statute. Synopsis of Rule of Law Although the 1789 Rules of Decision Act left federal courts free to apply their own rules of procedure in common-law actions brought in federal court, state law governs substantive issues.  State law includes case law as well as statutory law. ...

United States v. Yunis
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View this case and other resources at: Citation. 681 F. Supp. 896 (D.D.C. 1988). Brief Fact Summary Yunis (Defendant) argued that the Government (Plaintiff) could not prosecute him for a hijacking that he perpetrated when its only connection to the United States was that several Americans were on board the plane. Synopsis of Rule of Law The federal government may prosecute an airline hijacker even if the hijacking’s only connection with the United States was the presence of Americans on board the plane. ...

United States v. Verdugo-Urquidez
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View this case and other resources at: Citation. 494 U.S. 259 (1990). Brief Fact Summary The Government (Plaintiff), prosecuting Verdugo-Urquidez (Defendant), a Mexican, for narcotics violations, claimed that the Fourth Amendment did not apply to foreign nationals arrested outside the United States. Synopsis of Rule of Law The Fourth Amendment does not apply to the search and seizure by United States agents of property that is owned by a nonresident alien and located in a foreign country. ...

FREEDOM OF RELIGION
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Chapter 15 FREEDOM OF RELIGION Here are the key concepts involving "freedom of religion": Two clauses: There are two distinct clauses in the First Amendment pertaining to religion: Establishment Clause: First, there is the Establishment Clause. That clause prohibits any law "respecting an establishment of religion." The main purpose of the Establishment Clause is to prevent government from endorsing or supporting religion. Free Exercise Clause: The second clause is the Free Exercise Clause. That clause bars any law "prohibiting the free exercise of religion." The main purpose ...

FREEDOM OF EXPRESSION
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Chapter 14 FREEDOM OF EXPRESSION The First Amendment provides, in part, that "Congress shall make no law ... abridging the freedom of speech, or of the press. ... " These rights (plus the accompanying "freedom of association") are often grouped together as "freedom of expression." Here are the key concepts relating to freedom of expression: Content-based vs. content-neutral: Courts distinguish between "content-based" and "content-neutral" regulations on expression. Content-based: If the government action is "content-based," the action will be generally subjected to strict scrutin ...

The First Amendment: Freedom of Religion
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CHAPTER 9 The First Amendment: Freedom of Religion §9.1 INTRODUCTION AND OVERVIEW The First Amendment provides, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ...” The two clauses of this sentence, commonly referred to as the Establishment Clause and the Free Exercise Clause, ostensibly divide the constitutional principle of religious freedom into two doctrinal realms, each with its own particular principles and methods. Stated very generally, the Establishment Clause precludes the government from favoring any particular r ...

The First Amendment: Freedom of Speech and of the Press
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CHAPTER 8 The First Amendment: Freedom of Speech and of the Press §8.1 INTRODUCTION AND OVERVIEW As usual, we begin with the text. The words are simple and straightforward: “Congress shall make no law ... abridging the freedom of speech, or of the press.” There is power in this simplicity. The blunt proscription would seem to preclude any legislation that limits or punishes the protected activities. No law. But as the length of this chapter attests, the simplicity of text does not translate into a paucity of doctrine, and the doctrines rarely, if ever, speak in terms of absolutes. Rath ...