Term Paper on "Brief 7 Court Cases"
Term Paper 4 pages (1075 words) Sources: 0
[EXCERPT] . . . .
Court Briefs - 7 Different CasesBusiness Case
Texas v. Johnson
Real Properties Case
Jeffrey A. Beard, Secretary, Pennsylvania Department Of Corrections, Petitioner V.
Ronald Banks, Individually And On Behalf Of All Others Similarly Situated
Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
Administrative Agency
Timothy Booth, Petitioner V.C.O. Churner et al.
Torts Relating to Business
Douglas Spector, Et Al., Petitioners V. Norwegian Cruise Line Ltd.
Contracts
Montana, Et Al., Petitioners V. Crow Tribe of Indians Et al
BIBLIOGRAPHY
Business Case
Texas v. Johnson
U.S. No. 88-155 (1989)
Facts: In 1984, during the Republican National Convention in Dallas, Texas while participating in the "Republican War Chest Tour," deemed to be a political demonstration, Gregory Lee Johnson was charged with the criminal offence of... "the desecration of a venerated object in violation of Tex.Penal Code Ann. 42.09(a)(3) (1989)."
Issue(s): Is the ruling against Gregory Lee Johnson for the violation of TexPenal Code Ann. 42.09(a)(3) (1989) to be confirmed?
Issue(s): Is the conviction of Gregory Lee Johnson consiste
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Ruling: The Court of Criminal Appeals ruled, "No," regarding the issue in this case.
Analysis: In reaching the decision to overrule the lower court's The Court of Criminal Appeals determined that Johnson's conduct.".. was symbolic speech protected by the First Amendment: Given the context of an organized demonstration, speeches, slogans, and the distribution of literature, anyone who observed appellant's act would have understood the message that appellant intended to convey. The act for which appellant was convicted was clearly 'speech' contemplated by the First Amendment. reversed Johnson's conviction on the ground that 42.09 was unconstitutional as applied to him... The state court did not address Johnson's argument that the statute was, on its face, unconstitutionally vague and overbroad. We granted certiorari, 488 U.S. 907 (1988), and now affirm." Highlighted part will be rewritten.
Because it reversed Johnson's conviction on the ground that 42.09 was unconstitutional as applied to him, the state court did not address Johnson's argument that the statute was, on its face, unconstitutionally vague and overbroad. We granted certiorari, 488 U.S. 907 (1988), and now affirm.
Minority Rationale
The Minority rationale contends that Johnson's "... conduct may be prohibited and, indeed, criminally sanctioned, because "his act... conveyed nothing that could not have been conveyed and was not conveyed just as forcefully in a dozen different ways." Post at 431. Not only does this assertion sit uneasily next to the dissent's quite correct reminder that the flag occupies a unique position in our society -- which demonstrates that messages conveyed without use of the flag are not "just as forcefu[l]" as those conveyed with it -- but it also ignores the fact that, in Spence, supra, we "rejected summarily" this very claim. See 418 U.S. At 411, n. 4." Highlighted part will be rewritten.
Comments: To be added.
Texas v. Johnson remained in the litigation process 5 years.
The jurisdiction for this case is the Supreme Court of the United States.
II. Real Properties Case
Jeffrey A. Beard, Secretary, Pennsylvania Department Of Corrections, Petitioner V.
Ronald Banks, Individually And On Behalf Of All Others Similarly… READ MORE
Quoted Instructions for "Brief 7 Court Cases" Assignment:
I need to brief seven court cases and answer a couple specific questions. I have been given sites that are useful in locating these types of cases-
1. http://findlaw.com/casecode/
2. http://www.landmarkcases.org/
3. http://supct.law.cornell.edu/supct/index.html
Each brief should be 1 to 2 pages, so that is why I have indicated a total of 14 pages. It may be a little less.
1. Business Case (This has to be a specific case, Texas Vs. Johnson @ at http://www.landmarkcases.org/texas/home.html)
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments and then answer what state did this originate, how long has the case been in the litigation process (how many years), What is jurisdiction in relation to this case?
2. Real Properties Case
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Required follow up questions...Owning real property does not mean that all rights are protected. Show two examples of where rights are limited in the ownership of land or property. How do servitudes and easements get into place? How can they be protected? Why is this important?
3. Intellectual Properties
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Answer these specific questions, What is the difference between copyrights, trademarks, and patents? Why is the title to real property permanent, whereas some intellectual property is limited in the time that it is protected?
4. Business and the Bill of Rights
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Answer these specific questions, What is the major difference between business speech and polital speech? Closely regulated industries are not afforded all Fourth AMendment guarantees against unreasonable search and seizure. Is this fair, or is it necessary to protect the greater good? After briefing this case on Business and the Bill of Rights do you feel that the rights of the business were protected or violated? Defend your position.
5. Administrative Agency
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Answer these specific questions, Why does the agency exist? Describe the powers of this administrative agency. SHow an example of the kind of work it does. To whom, if anyone, does it report? Where do the legislative and judicial branches come into play with investigation and enforcement of this agency.
6. Torts Relating to Busines
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Answer these specific questions, What kind of torts involve primarily business? Explain the concept of warranties; describe the different types and how they are applied to products. When is liability imposed? Are warnings on labels for dangerous items such as cigarettes or guns enough to protect these companies form liability or negligence cases?
7. Contracts
Needs to be in this format:
Facts, Issue, Ruling, Analysis, Minority Rationale, Comments. Answer these specific questions, consider the case you are briefing. What element of the contract was in dispute? How could this conflict have been avoided? What are other elements could have caused the contract to be illegitimate. Consider that the plaintiff won the case. What were other ways in which the plaintiff could have been remidied in court? What sort of contracts must be in writing before they are considered enforceable?
How to Reference "Brief 7 Court Cases" Term Paper in a Bibliography
“Brief 7 Court Cases.” A1-TermPaper.com, 2006, https://www.a1-termpaper.com/topics/essay/court-briefs-7-different/882372. Accessed 3 Jul 2024.
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