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Dred Scott Negro Race
1,341 words... basement. It is therefore the duty of the court to decide whether the facts stated in the plea, are or are not sufficient to show that the plaintiff is not entitled to sue as a citizen in the court of the United States. The provisions of the Constitution of the United States in relation to the personal rights and privileges to which the citizens of a state should be entitled do not embrace the negro African race, at that time in this country, or who might afterwards be imported, who had then...
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Mc Cardie J Great Northern Railway Defendant
1,148 wordsThe origins of the doctrine of necessitous intervention by someone who is in a legal relationship with the defendant lie in the principle of agency of necessity, where an agent went beyond his or her authority by intervening on behalf of the principal in an emergency. Because of the circumstances of necessity, particularly the impracticability of the agent communicating with the principal, the courts were prepared to treat the agent as though he or she had the necessary authority to do what was ...
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Pre Existing Relationship Pre Existing Legal Relationship Defendant
1,108 words... nt, as it was here. Despite this change in terminology, it is still important to draw a distinction between those cases in which a stranger has intervened in circumstances of necessity and those in which the plaintiff who intervened has a pre-existing relationship with the defendant. The change in terminology in respect of the latter doctrine emphasises that the preexisting relationship between the parties need not have been an agency relationship. Lord Diplock did suggest that the condition...
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Punitive Damages Compensatory Damages
1,967 wordsRunning head: LEGAL FRAMEWORK Legal Framework [Student Name] University Affiliation PLAGIARISM REPORT 3 PERCENT QUOTES PROPERLY CITED Total Matched Phrases / Total Submitted 3 % (5 / 148) Expected Report Execution Time (peak) Abstract Negligence, in law is referred to as a breach of legal duty set forth by the law. Negligence, as tort refers to a careless act (or failure to act). Negligence leans towards behaviour or conduct rather than the bounds of a contract. In pursuing negligence litigat...
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Punitive Damages Recover Damages
2,011 words... the case based on the facts alone and regardless of the absence of a direct link to the actual cause of the accident. The defendant could use affirmative proof to rebut the presumption of negligence show that the accident or injury was not the cause of neglect on the part of the defendant (Biggs, n. d. , pp. 12 - 13). It is one form of circumstantial evidence, which allows any reasonable person to establish probable cause in negligence litigation's. The res ipsa loquitur conclusion is approp...
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Walt Disney Company Bad Faith
1,399 wordsCBS Broadcasting, Inc. v. Vanity Mail Services, Inc. Federal Trademark Infringement- Likelihood of Consumer Confusion (Lanham Act? 43 (a) ) a) Section 4 (a) provides that the plaintiff must prove the following: 1) that the defendant? s domain name is identical or confusingly similar to a trademark or service mark in which the plaintiff has rights; and 2) the defendant has no rights or legitimate interests in respect of the domain name; and 3) the domain name has been registered and is being used...
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Product Liability Football Player
2,389 wordsEvery Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liab...
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