Class Notes Week 05

    Review Last Week Chapter 4

    Last week: Wrong Edition of book. Correct Chapter # for Courts and Alternative Dispute Resolution is Chapter 4. No in-class questions.

    Review Last Week Chapter 5

    Last week: Wrong Edition of book. Correct Chapter # for Tort Law is Chapter 5. Open to in-class questions.

    This Week Chapter 6

    Product Liability. Open to in-class questions.

    This Week Chapter 8

    Internet Law. No in-class questions.

    This Week Chapter 9

    Criminal Law & Cyber Crime. No in-class questions.

    Updates

    Reconsideration of a landmark First Amendment precedent, criticizing the 1964 decision that the Constitution creates a higher barrier for public figures to claim libel Opioids. Effects of drugs on brain and society

Class Notes Week 04

  • Chief Baron Jonathan Frederick Pollock

    Pollock was the son of saddler[1] David Pollock, of Charing Cross, London, and the elder brother of Field Marshal Sir George Pollock, 1st Baronet. The Pollock family were a branch of that family of Balgray, Dumfriesshire; David Pollock's father was a burgess of Berwick-upon-Tweed, and his grandfather a yeoman of Durham. His business as a saddler was given the official custom of the royal family.[2] Sir John Pollock, 4th Baronet, great-great-grandson of David Pollock, stated in Time's Chariot (1950) that David was, 'perhaps without knowing it', Pollock of Balgray, the senior line of the family (Pollock of Pollock or Pollock of that ilk) having died ou

  • Byrne v. Boadle, 2 H. & C. 722, 159 Eng. Rep. 299 (Exch. 1863).

    Nearly all commentators agree that the first use of the colloquial Latin tag in the negligence context came in the 1863 case of Byrne v. Boadle, in which a Liverpool flour merchant was sued by a pedestrian who had been struck and seriously injured by a barrel plummeting from the merchant's second-story storeroom. (5) The case came before the common law Court of Exchequer on appeal, and the court's head, Chief Baron Jonathan Frederick Pollock, favoring the plaintiff despite his inability to present affirmative evidence of the defendant's negligence, observed that "[t]here are certain cases of which it may be said res ipsa loquitur, and this seems one of them." (6) In context, Pollock's choice of Latin phraseology was more a gilded bauble of his classical education at Cambridge than a conscious attempt to generate a new legalism; however, subsequent jurisprudence soon minted Pollock's words into legal coinage. (7) 

    Byrne (P) was struck by a barrel falling from a window as he walked past Boadle’s (D) flour shop and sustained serious personal injuries. A witness testified that he saw the barrel fall from Boadle’s window but had not seen the cause. Byrne did not present any other evidence of negligence by Boadle or his employees. Boadle moved for a nonsuit on the grounds that Byrne had presented no evidence of negligence. The court granted the motion and plaintiff obtained a rule nisi. The Court of Exchequer found in favor of Byrne and reversed. Boadle appealed.

  • Tort Law

    Tort law is the area of law that protects people from bad acts of others. When a person commits a tort, they violate civil law. If a person is damaged by someone else's wrongful act, they can bring a claim for compensation against the person who commits the tort.

Class Notes Week 03

  • Brown Family

    Linda Brown on the left. Chonology here. The lawyer for the case was Thurgood Marshall. There are 480,000 school busses in the US, see here.

  • Oliver Brown

    A welder and minister in his local Topeka, KS, community, challenged Kansas's school segregation laws in the Supreme Court. Mr. Brown's 8-year-old daughter, Linda, was a black girl attending fifth grade in the public schools in Topeka when she was denied admission into a white elementary school.

  • Plaintiffs

    On May 17, 1954, U.S. Supreme Court Justice Earl Warren delivered the unanimous ruling in the landmark civil rights case Brown v. Board of Education of Topeka, Kansas. State-sanctioned segregation of public schools was a violation of the 14th Amendment and was therefore unconstitutional

Class Notes Week 02 Important

Whitman v. Anglum Case Brief

See the case here

Map 01 and Map 02 street

121 days @ 175 quarts of milk 21,175 quarts $119 in 1914 =  $2,989.67 in 2019 Broad rule from this case that applies to all cases – contract begins when it is executed between the two parties. They know the risks they are taking. Once you have signed, you’ve agreed to something and you’re bound.


Stanford Gold v. Salem Lutheran Home Association

Understandingthe difference between Continuing care and Assisted Livingwill be important. You may also want to read this here.

map.

Plaintiff: Executive of deceased’s estate. Facts: -84-year-old Mr. Gold wanted to be a resident in life care home. -He moved into home on Aug. 1st as probationary period and paid for Aug. and Sep. -Board of directors to have a meeting to determine P’s eligibility for staying there. -Resident and board signed contract and he pre-paid the fee, he then died of stroke. Procedure: -Ct below, at trial without jury, ruled in favor of Defendant, Luthern Home. -Relatives appeal. Issues: I. When did the contract in this case begin? II. Can heirs of deceased recover damages under unjust enrichment theory when the contract had not yet gone into effect? Holding: I. The contract begins when the two parties signed the contract. II. Heirs of deceased cannot recover damages under unjust enrichment theory when the contract had not yet gone into effect. Ruling: Judgment of lower court is affirmed; ruled in favor of defendant. Rationale: -Plaintiff and Defendant entered into contract with certain assumptions. P is guaranteed place to live until he died. -Plaintiff’s death was reasonably foreseeable. -Plaintiff received a benefit for his money: peace of mind, place to stay. Evaluation: -Dissent – Justice Peters. Implied condition?
-Broad rule from this case that applies to all cases – contract begins when it is executed between the two parties. They know the risks they are taking. Once you have signed, you’ve agreed to something and you’re bound.



HWK Week 01

A lot of companies have chosen to downsize, and maybe that was the right thing for them. We chose a different path. Our belief was that if we kept putting great products in front of customers, they would continue to open their wallets.


  • Project Three

    Technology, Business

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  • Project Three

    Technology, Business

    Donec id elit non mi porta gravida at eget metus. Fusce dapibus, justo sit amet

  • Project Three

    Technology, Business

    Donec id elit non mi porta gravida at eget metus. Fusce dapibus, justo sit amet


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