CitationUtah Sup. Ct., 62 Utah 226, 219 P. 539 (1923) Brief Fact Summary. Allen (P) who was the official reporter for the Interstate Commerce Commission (Commission) alleged that a contacted was formed between him and Bissinger & Co (D) when Bissinger (D) accepted his offer for copies of the Commission’s official hearing reports relating to freight. This was however refuted by Bissinger (D) on the ground that there was no mutual assent between the two of them and therefore, there was no contract. Synopsis of Rule of Law. By applying a reasonable standard, a contract exists where an acce ...
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Inmates of Attica Correctional Facility v. Rockefeller
Citation477 F.2d 375 (2nd Cir. 1973) Brief Fact Summary. A civil suit was filed against New York State officials and the local U.S. Attorney by a mother of a deceased former inmate and several other inmates of the New York’s Attica Correctional Facility, after the inmate uprising at the prison in 1971. Synopsis of Rule of Law. Prosecutors cannot be compelled by the courts to investigate and initiate criminal prosecutions. ...
United States v. McDermott
Citation245 F.3d 133 (2d Cir. 2001) Brief Fact Summary. the President of an investment bank stock recommendation was passed by his mistress to another man she was having an affair with. Synopsis of Rule of Law. passing insider information on agreement to all members of a conspiracy is an essential element of the conspiracy. ...
United States v. Guidant LLC
Citation708 F Supp. 2d 903 (D. Minn. 2010) Brief Fact Summary. two models of implantable defibrillators, manufactured by Guidant LLC (D), for people suffering from fast heart rhythms were defective and could result in sudden cardiac arrest. Synopsis of Rule of Law. to serve public interest and to ensure accountability by the corporation by forcing it to implement internal compliance and ethics programs, a term of probation for a corporation may be appropriate. ...
Commonwealth v. Roebuck
CitationPa. Sup. Ct. 32 A.3d 613 (2011) Brief Fact Summary. Roebuck (D) was found guilty of luring the victim to an apartment complex where the victim was shot and killed by another person. Synopsis of Rule of Law. A person is an accomplice if he/she acts with the level of culpability that equals the level required to support criminal liability by the principal actor in a situation whereby a particular result is caused as an element of an offense. ...
Atkins v. Virginia
Citation536 U.S 304 (2002) Brief Fact Summary. Atkins contention was that the execution of a mentally retarded criminal is a cruel and unusual punishment which contravenes the Eighth Amendment. He made this contention when he was sentenced to death for committing murder. Atkins (D) had an IQ 0f 59 at the time of his conviction. Synopsis of Rule of Law. Under the Eighth Amendment, the capital punishment of a mentally retarded convict is cruel and unusual. ...
United States v. Deegan
Citation605 F. 3d 625 (8th Cir. 2010) Brief Fact Summary. Deegan (D), a Native American, abandoned the baby boy she had given birth to for two weeks in her home. The child however died before she returned to the house. Synopsis of Rule of Law. Appeals courts should accord a sentence imposed by a federal district court with a presumption of reasonableness in a situation whereby a federal district court imposes the sentence within the applicable range of the advisory federal sentencing guidelines. ...
People v. Burton
CitationCal. Sup. Ct., 491 P.2d 793 (1971) Brief Fact Summary. A person was killed during a robbery by the armed robber. Synopsis of Rule of Law. Armed robbery cannot serve as the predicate felony for felony murder because it is not included within the offense of murder. ...
Hines v. State
CitationGa. Sup. Ct., 578 S.E. 2d 868 (2003) Brief Fact Summary. A man mistook his friend for a turkey when he shot and killed him while they were hunting. Synopsis of Rule of Law. A convicted felon possession of a firearm can be inherently dangerous felony that serves as the predicate felony for felony murder. ...
Commonwealth v. Welansky
CitationMass. Sup. Jud. Ct., 316 Mass. 383. 55 N.E.2d 902 (1944) Brief Fact Summary. Before the deadly blaze which erupted in the night, Welansky (D), owner of a nightclub failed to proffer solutions to curtail the serious fire hazards which existed. ...
Commonwealth v. Carroll
CitationPa. Sup. Ct., 412 Pa. 525, 194 A.2d 911 (1963) Brief Fact Summary. Following a violent argument he had with his wife, Carroll (D) shot her at the back of her head. Synopsis of Rule of Law. A defendant words or conduct or the attendant circumstances, together with all reasonable inferences therefrom, the intentional use of a deadly weapon on a vital part of another person, which represents the specific intent to kill, are necessary in proving a first-degree murder. ...
M.C. v Bulgaria
CitationEur. Ct. H.R., 39272/98 (2003) Brief Fact Summary. A girl who was almost 15 years old and a citizen of Bulgaria claimed that two men had raped her in Bulgaria. When the Bulgarian officers could not find sufficient proof to show that she was physically forced to have sex with the men, they closed their investigation. Synopsis of Rule of Law. When a member state closes a rape investigation on the premise of insufficient proof of physical force without also considering whether the victim was subjected to forceful circumstances, that member state has not met its obligations under t ...
B (A Minor) v. Director of Public Prosecutions
CitationHouse of Lords. 1 All. Eng. Rep. 833 (2000) Brief Fact Summary. A common law presumption of an objective standard no longer governs the mental state requirement for criminal statutes in a situation where Parliament fails to specify a mens rea requirement. ...
Graham v. Florida
Citation130 S. Ct. 2011 (2010) Brief Fact Summary. Graham (D), a 17 years old was arrested for a home invasion and attempted robbery while he was on probation for attempted robbery. He was sentenced to life imprison without the possibility of parole after he was found guilty. Synopsis of Rule of Law. A sentence of life imprisonment without parole, meted out on a minor for a non-homicidal offense is unconstitutional ...
United States v. Dauray
Citation215 F. 3d 257 (2nd Cr. 2000) Brief Fact Summary. The possession of individual, unbound depictions of minors engaging in sexually explicit conduct was the reason for the apprehension of a man in a state park. Synopsis of Rule of Law. Within the meaning of the federal Protection of Children Against Sexual Exploitation Act, individual pictures are not “other matter which contain any visual depiction”. ...
McBoyle v. United States
Citation283 U.S. 25 Brief Fact Summary. the defendant was convicted of violating the National Motor Vehicle theft Act because he intentionally conveyed a stolen airplane from Illinois to Oklahoma. Synopsis of Rule of Law. An airplane is not defined as a ‘vehicle” within the meaning of the National Motor Vehicle Theft Act. ...
United States v. Bernard L. Madoff
CitationUnited States District Courts, S.D.N.Y. (June 29, 2009) Brief Fact Summary. Relating to his orchestration of a Ponzi scheme allegedly resulting in the loss of $65 billion dollars of client funds, Madoff (D) plead guilty to 11 counts of fraud, money laundering, theft and perjury. Synopsis of Rule of Law. Symbolism plays an important role in both the retribution and deterrence contexts when choosing a proper criminal sentence. ...
In re Winship
CitationU.S. 358 (1970) Brief Fact Summary. A preponderance of evidence found that Winship (D), a 12-year old boy, committed an act that if committed by an adult would have been a crime, thus justifying the juvenile delinquency he was charged with. Winship (D) contended that a finding such as this had to be based on proof beyond a reasonable doubt. Synopsis of Rule of Law. Among the essentials of due process and fair treatment required during the adjudicatory stage when a juvenile is charged with an act that would constitute a crime if committed by an adult is proof beyond a reasonable ...
Beaver v. Brumlows (D)
CitationN.M. Ct App., 148 N.M. 172, 231 P.3d 628 (2010) Brief Fact Summary. the contention of the Beavers (P) who had orally agreed to sell land to the Brumlows (D) reneged on the agreement on the ground that the statute of fraud prevented specific performance of the agreement because the part performance of the Brumlows (D) was not “unequivocally referable” to the verbal agreement, of which the verbal agreement was not certain as to the purchase price and time of performance. Synopsis of Rule of Law. the statute of fraud does not bar the specific performance of an oral contract ...
Aceves (P) v. U.S. Bank, N.A
CitationCal. Ct. App. 120 Cal. Rptr. 3d 507 (2011) Brief Fact Summary. Aceves (P) contended that the mortgagee, U.S. Bank, N.A. (U.S. Bank) (D) was promissorily estopped from foreclosing her house after she defaulted on her mortgaged house, basis her reason on the fact that her reliance on U.S. Bank’s (D) promise to work with her to reinstate and modify her loan is now detrimental to her as she forewent the opportunity to save her home by converting a chapter 7 bankruptcy case to a chapter 13 case. But the house was foreclosed without the U.S. Bank ever commencing negotiations to ...
Harvey v. Dow
CitationMaine Sup. Ct., 962 A.2d 322 (2008). Appeal after remand. 11 A.3d 308 (2011) Brief Fact Summary. Dows’ (D) daughter, Harvey (P), contended that the Dows’ (D) general promises was to transfer some of their land to her and that the actions of her father, Jeffery Sr. (D), which included the approval of the site of her house, obtaining a building permit for it and building a substantial part of it himself at the same location supported a claim for promissory estoppel which points to the fact that the Dows (D) were promissorily estopped from conveying a deed to a parcel of land on whic ...
Hines v Overstock.com, Inc.
Citation668 F. Supp. 2d 362 (E.D.N.Y 2009) Brief Fact Summary. a class action was purportedly brought against Overstock.com, Inc. (Overstock) (D) for charging a restocking fee by Hines (P), a consumer, contending that the fee had never been disclosed. But Overstock affirmed that arbitration of all issues, including the transfer to a different forum was backed by the contract governing the transaction. Hines (P) alleged that the terms were unenforceable on the ground that she had no notice of the terms and conditions and that any reasonable user would have seen the seen the terms if it had bee ...
Wait v. Travelers Indemnity Co. of Illinois
CitationWait v. Travelers Indem. Co., 240 S.W.3d 220, 2007 Tenn. LEXIS 1033 (Tenn. Nov. 16, 2007) Brief Fact Summary. Kristina Wait (P) was attacked by an acquaintance whom she let into her home office while working. Synopsis of Rule of Law. Under the workers’ compensation act, a compensable injury is one which occurs as a result of and in the process of the plaintiff’s occupation. ...
Solano v. Playgirl, Inc
CitationSolano v. Playgirl, Inc., 292 F.3d 1078, 2002 U.S. App. LEXIS 11437, 2002 Cal. Daily Op. Service 5227, 2002 Daily Journal DAR 6636, 30 Media L. Rep. 1878 (9th Cir. Cal. June 13, 2002) Brief Fact Summary. Jose Solano, Jr., (P) was a TV celebrity who was allegedly represented in a false light by Playgirl (D) magazine, by the implication that he endorsed it or was represented in the nude inside the magazine, without any factual basis, since he had not posed for, given an interview to or appeared nude in the magazine. Synopsis of Rule of Law. It is not appropriate to grant ...