Business Law Case Study

Winnebago County argued that the Due Process Clause of the Fourteenth Amendment only protected citizens from actions by the State and not by a private actor.

Joy Salmon was seeking damages for George Brown who she cared for while as a nurse and his estate. Joy Salmon hired Virgina Atkinson as her lawyer in this case. Joy Salmon entered a contingency contract with her lawyer Virgina Atkinson. This contract stated if Joy Salmons case for Geroge Brown's damages did not end in her favor she was not obligated to pay attorney fees to Virgina Atkinson however if the case was in favor of Joy Salmon she was required to Virginia Atkinson for her services.  Attorney Virgina Atkinson billed Joy Salmon approximately $7200 for her services and Joy Salmon refused to pay the bill for Virginia Atkinson's services as an attorney. Virgina Atkinson was billing Joy Salmon $150 a hour for approximately forty eight hours of service to the case. Virginia Atkinson filed a lawsuit against Joy

Thirty-five years later after Weeks’ case, the Supreme Court in Wolf v. Colorado (1949) held that the 4th Amendment protection applies to searches by state officials and federal agents. However, the exclusionary rule generated in Weeks’ case did not apply to the states. The appellant, Julius A. Wolf, was convicted of treachery to commit abortions in Colorado and police officers had attained evidence used against him without a warrant or consent. State judges were not required to disregard evidence obtained in desecration of the 4th Amendment in states’ criminal prosecutions. In this case, the Supreme Court applied the 4th Amendment to the states through the 14th Amendment Due Process Clause. Wolf’s verdict was upheld (Wolf v. Colorado, 338 U.S. 25, 1949). The Supreme Court left the states to enforce the 4th Amendment protection. It resulted in the abused power and the court had to intervene (Holten &Lamar, 1991).

36. Principle of Law: The transaction between Browne and Houlihan was just under negotiation process and not form the contract. Browne did not acknowledge Houlihan’s e-mail and did not reply to accept Houlihan’s request, so he sold the television set to another. Houlihan then purchased a new set more expensive than Browne’s set. Both of them didn’t break the contract because there’s no contract between them. Therefore Houlihan had no legal basis to sue Browne for $1,000.

Have you ever been done wrong? Have you ever been done wrong under a contract and faced sufficient damages causing a loss? Chapter 18 focuses on contract remedies, and how damages to a party are compensated. When a party breaches a contract, under the law the court can give the injured party an equivalent of what the promised performance would have rewarded. The two cases I chose to discuss are the Arrowhead School District No. 75, Park County, Montana v. James A. Klyap, Jr. case and the Parker v. Twentieth Century-Fox Film Corp. case. Both of these cases provide us with a very good explanation of different types of damages, and how the court came to a conclusion based off of the different scenarios. Throughout the remainder of this article, it will briefly discuss the details of each case, the similarities and differences among them, and how your business clients can use these cases to strategically prevent future legal issues of similar nature.

“The due process clause of the Fourteenth Amendment does not incorporate, as such, the specific guarantees found in the Sixth Amendment, although a denial by a State of rights or privileges specifically embodied in that and others of the first eight amendments may, in certain circumstances, or in connection with other elements, operate,

case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.

“The right to due process,” the only phrase respeated more than once in the Constitution, is guaranteed by both the fifth amendment and the fourteenth amendment. The notion that no one should be deprived of “life, liberty, or property without due process of law,” has become a crucial part of the foundation of the American legal system. Ascertaining over eleven different rights, including the right to a trial, counsel, habeas corpus, and protection from unreasonable search and seizure, the due process clause ensures that everyone is treated equally and has the same rights as any other individual involved with the judicial system. The original premise of due process dates back to 1215 to the publishing of the Magna Carta. Designed to suppress an impending revolt by King John’s disgruntled elite class, the Magna

In this essay, the focus is on whether it is morally objectionable for a person to recover damages from another’s breach of contract that results in a better financial position than they would have been if the breach had not occurred. This is because in deciding whether to preserve the principle in Clark, law-makers would place high regard on the analysis of Clark’s normative outcome. The following points are the key arguments against awarding a sum to a higher pecuniary advantage??? Such as Clark, which can be subsequently rebutted in this analysis with “normative” research.

states may not deny any person “life, liberty or property without due process of law”, and The

My favorite case we went over in constitutional law this year is Lochner v. New York because of the display of power by the justices joined in the majority and the fervent dissent countering their reasoning. I have described Lochner above in the context of the Commerce clause above but my focus for this question is the case in context of the Substantive due process section of the class. The substantive due process clause deals with the law itself and not the process, substantive rights are protected under the Due Process Clause. This clause has come to encompass more and more rights, such as abortion, the right to die, and many other. “No state shall deprive any person of life, liberty or property, without due process of law” (U.S. Const.

To summarize the case of Kim v. Son, Jinsoo Kim invested in two of Stephen Son’s corporations, which eventually failed, and Kim lost his money. Son felt bad, he and Kim got together and became very intoxicated and signed a “contract” in blood, stating that Son promised to pay Kim the money he lost and Kim agreed not to sue him. As it turned out, when Son sobered up he refused to keep his promise to pay Kim, so Kim filed a lawsuit based on this bloody contract. The judge declared the contract void due to lack of consideration (Beatty, Samuelson, Bredeson, 2013).

Due process can be defined as the rules, and regulations, that govern those who hold power. There are two specific types of due process. These two types are procedural, and substantive, due process. Procedural due process states that the government must follow proper procedure when applying the law; such as the criminal justice process. Substantive due process states that the laws of the land must be reasonable. An example of this would be if Congress passed a law that imposed undue burdens on the population (Text Pg. 431).

The rights guaranteed under the "due process" clauses of the Constitution have their origins in the famous Magna Carta, a thirteenth century English document that guaranteed certain rights to the nobles of the realm. The relevant aspect of the document was the guarantee that the nobles would receive treatment according to what the law stated because the King would only act in accordance with the law. This comes down to the modern world as the guarantee that those accused of criminal acts receive fair treatment and are fully aware of the

c) Special Legal Considerations would be another alternative for this issue. Inspection Rights, if a purchaser has not inspected the purchased material to ensure that it conforms to the terms of the contract, the law gives him or her a reasonable period of time to inspect the material after it is received. If the purchaser raises no objection to the material within a reasonable period of time, he or she is deemed to have accepted it.