View this case and other resources at: Citation. Int’l Centre for Settlement of Investment Disputes, ICSID Case No. ARB (AF)/02/1 Award, July 17, 2006. Brief Fact Summary. An arbitration against Mexico (D) for the expropriation of its property was sought by Fireman’s Fund Insurance Company (Fireman’s Fund) (P), a U.S. insurance company which owned debentures issued by a Mexican financial services company. Synopsis of Rule of Law. A taking (which includes destruction) that is permanent and either de jure or de facto, direct or indirect, in the form of a single measure or sever ...
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Filartiga v. Pena-Irala
CitationFilartiga v. Pena-Irala, 630 F.2d 876, 1980 U.S. App. LEXIS 16111 (2d Cir. N.Y. June 30, 1980) Brief Fact Summary. A suit against Pena-Irala (D) on the premise that he had tortured to death the decedent of Filartiga (P), was filed by Filartiga (P). Synopsis of Rule of Law. For purpose of the Allen Tort Statute, torture may be considered to violate law of nations. ...
Diversion of Water from the Meuse (Netherlands v. Belgium)
View this case and other resources at: Citation. Permanent Court of Int’l Justice, P.C.I.J. (ser. A/B) No. 70. 76-78 Brief Fact Summary. The building of certain canals was the ground upon which the Netherlands (P) asserted that Belgium (D) had violated an agreement. Synopsis of Rule of Law. Principles of equity forms part of International law. ...
Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)
View this case and other resources at: Citation. 2007 I.C.J. 191. Brief Fact Summary. Bosnia and Herzegovina (P) brought suit against the Federal Republic of Yugoslavia (Serbia and Montenegro) (D) in the International Court of Justice in 1993, on the grounds of violations of the Convention on the Prevention and Punishment of the Crime of Genocide. Synopsis of Rule of Law. Under International law, the conduct of any state organ is to be considered an act of the state, therefore giving rise to the responsibility of the state if the conduct constitutes a breach of an international obligation ...
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
View this case and other resources at: Citation. I.C.J. 2002 I.C.J. 3. Brief Fact Summary. Belgium’s (D) international arrest warrant against the Democratic Republic of Congo’s (D.R.C.) (P) foreign minister was contended by the D.R.C. (P) on the ground that the arrest contravened international law by purporting to exercise jurisdiction over another state’s foreign minister and an order of provisional measures of protection on the ground that the warrant effectively prevented the foreign minister from leaving the D.R.C. (P) was sought by the defendant Synopsis of Rule of L ...
Armed Activities on the territory of the Congo (Democratic Republic of the Congo v. Rwanda)
View this case and other resources at: Citation. I.C.J., 2006 I.C.J. 126 Brief Fact Summary. Rwanda (D) challenged the jurisdiction of the International Court of Justice when a suit was filed against her by the Democratic Republic of the Congo (P). Synopsis of Rule of Law. The International Court of Justice lacks jurisdiction based on a treaty in which one party to such a treaty excludes dispute settlement obligations under the treaty before becoming a party, and fails to take formal acts to bring about withdrawal of the reservation. ...
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation)
View this case and other resources at: Citation. 2008 I.C.J. 140 Brief Fact Summary. The claim of Georgia (P) that Russia (D) engaged in ethnic cleansing in its territory in clear violation of the Convention on Elimination of Racial Discrimination (CERD), was the ground upon which Georgia (P) brought suit against Russia (D). Synopsis of Rule of Law. Facts and other provisional measures to protect rights under international treaties without deciding the merits of a dispute, may be assessed by the International Court of Justice under certain circumstances. ...
Ahmadou Sadio Diallo (Guinea v. Democratic Republic of the Congo)
View this case and other resources at: Citation. I.C.J., 2007 I.C.J. ____. Brief Fact Summary. A state responsibility, diplomatic protection case on behalf of its national, Diallo, was filed by the Republic of Guinea (Guinea) (P) against the Democratic Republic of Congo (D.R.C.) (D) for allegedly violating Diallo’s right; however, Guinea’s (P) claims were contended by the D.R.C (D) as inadmissible because local remedies had not been exhausted. Synopsis of Rule of Law. As a matter of grace, the possibility of reconsideration by an administrative authority of an administrative de ...
Argentine Republic v. Amerada Hess Shipping Corp
CitationArgentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 109 S. Ct. 683, 102 L. Ed. 2d 818, 1989 U.S. LEXIS 581, 57 U.S.L.W. 4121, 1989 AMC 501 (U.S. Jan. 23, 1989) Brief Fact Summary. By basing its suit under the Alien Tort Statute, a pair of Liberian corporations (P) sought to sue the Argentine Republic (D) in the United States courts. Synopsis of Rule of Law. Jurisdiction over foreign states is not conferred under the Alien Tort Statute. ...
Gates v. Syrian Arab Republic
CitationGates v. Syrian Arab Republic, 580 F. Supp. 2d 53, 2008 U.S. Dist. LEXIS 73975 (D.D.C. Sept. 26, 2008) Brief Fact Summary. Because of Syria’s (D) active support of the al-Qaeda in Iraq, the families (P) of U.S. civilian contractors, Armstrong and Hensley, who were slain by al-Qaeda by beheading, alleged that the Syrian Arab Republic (Syria) (D), its president (D) and its intelligence minister (D) were liable under the FSIA for money damages for the beheadings. Synopsis of Rule of Law. (1) in a situation where the plaintiffs asserts that they are victims of state s ...
Permanent Mission of India to the United Nations v. City of New York
Citation551 U.S. 193 (2007) Brief Fact Summary. When New YORK City (City) (P) sought declaratory judgments for tax liens it had on buildings owned by India (D) and Mongolia (D) which were valid to the extent the building were used to accommodate diplomatic employees, India (D)and Mongolia (D) contended that they were immune under the Foreign Sovereign Immunities Act from New York City’s suit. Synopsis of Rule of Law. A foreign government is not immunized from a lawsuit to declare the validity of tax liens on property held by the sovereign for the purpose of accommodating its employees ...
Siderman de Blake v. Republic of Argentina
CitationSiderman de Blake v. Republic of Argentina, 965 F.2d 699, 1992 U.S. App. LEXIS 11518, 92 Cal. Daily Op. Service 4340, 92 Daily Journal DAR 6945 (9th Cir. Cal. May 22, 1992) Brief Fact Summary. The Sidermans (P) fled to the United States after the military junta in Argentina (D) tortured Jose Siderman and threatened his family with death. These complaints were later filed by the Sidermans (P) in the U.S, while filing for damages in relation to the torture and the expropriation of their property. Synopsis of Rule of Law. A right which deserves the highest status under international la ...
Saudi Arabia v. Nelson
CitationSaudi Arabia v. Nelson, 507 U.S. 349, 113 S. Ct. 1471, 123 L. Ed. 2d 47, 1993 U.S. LEXIS 2398, 61 U.S.L.W. 4253, 93 Cal. Daily Op. Service 2039, 93 Daily Journal DAR 3620, 93 Daily Journal DAR 3772, 7 Fla. L. Weekly Fed. S 90 (U.S. Mar. 23, 1993) Brief Fact Summary. The suit Nelson (P) filed against Saudi Arabia (D) for wrongful arrest, imprisonment and torture was contended by the defendant who claimed foreign sovereign immunity from the subject matter jurisdiction of the federal courts. Synopsis of Rule of Law. Unless the action is based upon a commercial activity in the manner of ...
The Schooner Exchange v. McFaddon
CitationThe Schooner Exch. v. McFaddon, 11 U.S. 116, 3 L. Ed. 287, 1812 U.S. LEXIS 377, 7 Cranch 116 (U.S. Mar. 2, 1812) Brief Fact Summary. Two Americans (P) laid claims of ownership and entitlements to the schooner Exchange. Synopsis of Rule of Law. National ships of war are viewed as been exempted by consent of the power of the friendly jurisdiction whose port the ship enters. ...
People v. Chun
CitationCal. Sup. Ct., 203 P.3d 425 (2009) Brief Fact Summary. At trial, Chun (D) owned up that he had shot and killed a person, injured two others. But he maintained that he had merely wanted to scare the victims and did not aim his gun at anyone in particular. Synopsis of Rule of Law. When a felony merges with homicide in a situation where the underlying felony in a felony murder case is assaultive in nature, this cannot serve as a basis for a felony murder jury instruction. ...
Commonwealth v. Sherry
CitationMass. Sup. Jud. Ct. 386 Mass. 682. 437 N.E. 2d 224 (1982) Brief Fact Summary. Sherry’s (D) argument when he was charged with rape was that he had believed the victim consented to sex. Synopsis of Rule of Law. A subjective belief is no defense to a rape charge on the ground that the victim consented. ...
Crabby’s Inc. v. Hamilton
CitationMo. Ct. App., 244 S.W.3d 209 (2008) Brief Fact Summary. The refusal of Paragon Ventures, L.L.C and Hamilton (collectively, “Buyers (D)”) (D) to close an agreement t purchase real estate from Crabby Inc. (Seller) (P), led to the suit of breach of contract against the Buyers (D) (D) in which the Seller (P) prevailed but the Buyers (D) (D) alleged that the trial court had erred in calculating Seller’s (P) damages because a financing contingency provision in the agreement had not been waived. Synopsis of Rule of Law. (1) A condition in a real estate contract is waived w ...
Chen v. Chen
CitationSup. Ct., 893 A 2d 87 (2006) Brief Fact Summary. Theresa (Daughter of Richard Chen (Father (D)) (D)) intervention in a support action brought against Richard Chen (D) by his former wife and Mother (P) of his Daughter, Wheamei Chen (P) was contended by Richard Chen (D) on the ground that his Daughter was only an incidental beneficiary, not an intended beneficiary of the property settlement agreement (Agreement) at issue. Synopsis of Rule of Law. An action to enforce support provisions of a parent’s property settlement agreement, where the support payments are t ...
E.C. Styberg Engineering Co. v. Eaton Corp.
Citation492 F. 3d 912 (7th Cir. 2007) Brief Fact Summary. Where parties’ communications evidence ongoing negotiations with no agreement reached as to key terms, such as price, quantity and monthly production volume, the Uniform Commercial Code (U.C.C) states that such a contract for the sale of goods have not been formed. ...
Marshall Durbin Food Corp v Baker
CitationMiss. Ct. App., 909 So. 2d 1267 (2005) Brief Fact Summary. A contract that intended to pay Baker (P), a former employee of Marshall Durbin (D), his salary for five years upon the happening of certain triggering events was argued against by Marshall Durbin (D) because the contract lacked consideration. Synopsis of Rule of Law. Sufficient consideration to create an enforceable contract where one party has made an illusory promise and the second party has made a promise of a unilateral contract that is contingent on the first party’s performance where the first party has performed ...
Pennsy Supply, Inc. v. American Ash Recycling Corp. of Pennsylvania
CitationPa. Super. Ct., 895 A.2d 595 (2006) Brief Fact Summary. Pennsy Supply, Inc. had received without charge, a hazardous material from American Ash Recycling Corp. of Pennsylvania (American Ash) (D). Pennsy’s Supply (P) argument is that, disposing of this hazardous material gives enough grounds to result in consideration which is necessary to support various breach of contract, warranty and merchantability claims Synopsis of Rule of Law. Grounding contracts and warranty claims brought by the disposer, constitutes sufficient ground for relief of a manufacturer’s legal obligat ...
Feldman v. Google, Inc
Citation513 F. Supp. 2d 229 [E.D. Pa 2007] Brief Fact Summary. Feldman (P) argued that since he did not have notice of and assent to the terms of agreement with Google, Inc (D), there was no “meeting of minds” and so the online agreement which he must have clicked on before he could place internet ads on Google, Inc (D) was not binding. He also argued that because the agreement lacked definite essential terms as to price, it was unenforceable. Synopsis of Rule of Law. When an online user has been given reasonable notice of the agreement’s term and it is clear that once the ...