¶ … Marbury v. Madison legal case involved a divergence between William Marbury and James Madison on account of how the latter did not act in agreement with former (he finished his term before Madison was appointed Secretary of State) President John Adams' command to deliver several appointments naming Federal circuit judges and Federalist justices. Madison did not act on this command because he was under the power of the newly appointed President, Thomas Jefferson. Jefferson knew that by allowing the appointments to be delivered he would have provided Federalists with the opportunity to exercise control over the federal judiciary. Jefferson motivated his thinking by emphasizing that the commissions were invalid because they were not delivered by the end of Adams' term. This meant that federal justices would be appointed by a person who was not in the position to make such appointments. Marbury reacted by claiming that he had a right...
Issues Presented or Questions of Law: 1) Did the SBL agreement constitute the contract between the parties? 2) Was Plaintiffs' case barred by the parole evidence rule? 3) Should the trial court have sustained Defendants' demurrer to Plaintiffs' case? Holding / Rule of Law: 1) The SBL agreement did not constitute the contract between the parties. The contracts were formed when Plaintiffs accepted Defendants offer and tendered their consideration. Therefore, the SBL agreement and addendum
Legal Brief: Hotjox Magazine Facts: Mark Studley (Studley), an Olympic swimmer, was featured on the cover of Hotjox magazine, a magazine targeted primarily at gay males. The picture was in the public domain. The magazine cover had the headline "Olympic Hunks Exposed" and said, "12 Sizzling Centerfolds Ready to Score with You," "Holy Speedo! Hot Athletic Buns!" And "Mark Studley, Olympic 2000's Best Body." The only image of Studley inside the
Legal Briefs Title and Citation: Suggs v. Norris. No. 364 S.E. 2nd 159. Court of Appeals North Carolina. 2 February 1988 Type of Action: Civil and Contractual Facts of the Case: Darlene Suggs cohabited with Norris, but remained unmarried. During their time together she worked with him as a partner in his produce business and, according to witnesses, was quite instrumental in the success of said business. Suggs also took care of Norris
Legal Brief: Anthony Labriola v. Pollard Group Anthony Alan Labriola v. Pollard Group, Inc., WA Supreme Court, 2004, No. 74002-0 Whether a 2002 noncompete agreement negotiated after the employee had been hired and without independent consideration is enforceable. SUBSTANTIVE FACTS: Five years after beginning employment as a sales person the employer required the employee sign a noncompete agreement in 2002. In exchange the employee was allowed to remain employed. After the noncompete agreement was signed
Legal Brief The author preparing this brief is asked to defend against the banning of a book on the grounds that it is obscene and thus it should be barred from sale and distribution in the public sphere. The laws and standards surrounding obscenity are vague, subjective and impossible to reliably and consistently enforce in a manner that is even-handed and objective. As such, the banning of a book, movie or
When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence. Implications Under Article 20 of New York Penal Law While the condemnation of a victim is not a viable defense, the implications for Bluto and his obligations under Article 20 deserves exploration. Just as Duty of Retreat applied to Popeye and Olive, it likewise applied
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now