Nobody downloaded yet

Case brief 2 - Research Proposal Example

Comments (0) Cite this document
Case Brief By Course Institution Date Table of Contents Turner v. Rogers, 131 S.Ct. 2507 3 Florence v. Board of Chosen Freeholders, 566 U.S. _ (2012). 5 Arizona et al v. United States, No. 11-182 567 U.S. _ [2012] 7 Miller v. Alabama, No…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Case brief 2
Read TextPreview

Extract of sample "Case brief 2"

Download file to see previous pages Rogers, 131 S.Ct. 2507 Vote: 5-4 I. Facts of the Case A family court in South Carolina order that the appellant pay a weekly sum of $51-73 in child support. The appellant was held in contempt on five separate occasions. Upon release the family court submitted a show cause process since the appellant was in arrears. At the civil contempt hearing the appellant was not represented by legal counsel and was found to be in wilful contempt and received a 1 year custodial sentence although the court did not rule on the appellant’s means or capacity to make the child support payments. After completing the sentence the appellant filed a complaint which was rejected by South Carolina’s Supreme Court on the grounds that the matter was civil. II. The Law Article III of the US Constitution only permits the US Supreme Court to hear cases and controversies so that an issue deemed moot does not fall within the US Supreme Court’s Article III jurisdiction. The 14th Amendment’s due process clause requires that no person shall be deprived of his or her liberty or property without due process. III. Legal Issues/Questions Is the appellant’s claim moot since he had already completed his sentence? Is the appellant entitled to legal counsel pursuant to the due process clause in a civil contempt hearing? IV. Holding/Decision and Action The decision of the lower court was reversed and remanded. V. Opinion The majority opinion was delivered by Breyer J. who ruled that the appellant’s claim was not moot since it could be repeated. Breyer J. also reasoned that the due process clause does not require the provision of legal counsel in civil contempt hearings for failure to pay child support if the state makes provisions for “alternative procedural safeguards. The safeguards would include notice that capacity to pay was a crucial issue; financial means and ability was elicited; the defendant has an opportunity to argue his financial means; and the court makes a ruling relative to the defendant’s ability to pay. Since the appellant was denied these alternative safeguards he was entitled to legal counsel pursuant to the due process clause. VI. Separate Opinion Justice Thomas filed a dissenting opinion in which he agreed with the lower court and found that the majority opinion was based on issues not raised by the appellant. VII. The Decision as Legal Precedent The decision is not a legal precedent it merely applied a ruling in a similar civil case to the facts of this case. VIII. Summary of Legal Principle A case is alive if it involves an issue that could be repeated for the claimant. Due process cannot be denied in a civil contempt hearing where the defendant faces incarceration. Failure to provide due process would impose upon the government a duty to provide legal counsel for the defendant. IX. Evaluation Due process inevitably means that a defendant in any proceedings, civil or criminal, confronting the deprivation of freedom or property is entitled to safeguards that protect his/her right to be heard and to defend a claim against him/her warranting such deprivation. X. Free Space Florence v. Board of Chosen Freeholders, 566 U.S. ___ (2012). Vote: 5-3 I. Facts of the Case The appellant was a passenger in a car driven by his wife who was pulled over for a traffic offence. A computer check erroneously revealed that the appellant had an outstanding warrant. The appellant was subsequently arrested, detained and strip searched, although he was subsequently released by the court. The appellant filed suit ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Case brief 2 Research Proposal Example | Topics and Well Written Essays - 3000 words”, n.d.)
Retrieved from
(Case Brief 2 Research Proposal Example | Topics and Well Written Essays - 3000 Words)
“Case Brief 2 Research Proposal Example | Topics and Well Written Essays - 3000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Case Brief

...Century 22 Region V., Inc. v. Rockton Realty, Inc. Appellant Department, Superior Court, Los Angeles. CENTURY 22 REGION V. INC., Plaintiff and Respondent, v. ROCKTON REALTY, INC., Defendant and Appellant OPINION WOODS, J. Statement of the Case Appellant is a California corporation licensed to act as a real estate broker. defendant, Nick Rockton, is the sole stockholder and principal operating officer of Rockton Realty, Inc. Nick Rockton was engaged as a real estate broker for Rockton Realty, Inc. Respondent, Century 22 Region V., Inc.(Century 22 or respondent herein), is a California corporation engaged in franchising real estate brokerage offices throughout California... is...
1 Pages(250 words)Essay

Case Brief

...CASE BRIEF: BARBARA A. BOTIS v. E OF GARY A. KUDRICK FACTS: Plaintiff, Barbara A. Botis filed a complaint against the E of Gary A. Kudrick in attempt to receive palimony. Plaintiff argues that her and Kudrick were in a “marriage-type relationship” before his death, and, therefore, has rights to palimony in the form of his two residences and other compensation. Defendant denies that they were ever in such as relationship and motions to dismiss her complaint along with issuing counterclaims against the plaintiff. While the law recognizes the right to palimony for two unmarried individuals who separate, a recent amendment requires the palimony agreement in writing. While the plaintiff does not have her...
2 Pages(500 words)Case Study

Case Brief

...CASE BRIEF CASE ALBION FRANCIS VS NORMAN Y. MINETA; Transport Security Administration. US. October 10, 2007 CASE NO.: 06-1293 U.S Court of appeal Opinion Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment. Statement of facts. The district court established that the appellant had not consulted all the administrative avenues as required under Title VII and so found the dismissal was warranted. The appellant, however, was discontented with the court’s decision and sort, to appeal to the court of...
2 Pages(500 words)Essay

2 page-paper brief for a case

... is admissible as to charges against as long as SDI lacks standing. B. APPLIED ANALYSIS SDI’s entire business seems to have been based on the conducting of fake sleep studies, and the affidavit supports the conclusion that SDI’s purportedly deceitful conduct was regular. This provides some to support the conclusion that Kaplan and Brunk personally had an anticipation of confidentiality in the searched areas and held materials. Works Cited U.S. Department of Justice United States Attorney. District of Nevada. Appeal from the United States District Court for the District of Nevada. Case No. 2:05-cr-0078-PMP-GWF. The Honorable Philip M. Pro. Web 27 Sep. 2012. ... a test for diagnosing a common sleep disorder. According to an affidavit...
2 Pages(500 words)Essay

Case Brief

...Law Case Facts In the Brown v. Board of Education, 347 U.S. 483 (195) case, the claimant sued respondent for treating the black American children unfairly. The black American children did not have an access to learning institutions set for the white children (Orlik, 2010). The law suit was against the District Board of Education which had established separate learning institutions for white and for black children in the district. The claimant presented to the district court in Kansas as a representative of the parents under the name of Brown who was one of the thirteen parents filling the case. Mr. Brown filed in 1951 in United Sates district court. The education board based their...
2 Pages(500 words)Essay

Case brief

...Continental Oil Company vs. Occupational safety and Health Review Case brief: The petitioner in this case is continental oil company while the respondent is the Occupational Safety and Health Review Commission. The petitioner is seeking the United States of Appeals to revert an order issued by the respondent that it desecrated the general clause duty on Occupational safety and Health Act. The commission had ruled that the oil company failed to protect its employees from hazardous incidents, following an explosion that occurred in one of its premises that resulted to the death of three people. However the court of appeal senior judge, Phillips affirmed the decision held by the...
1 Pages(250 words)Case Study


...Case Brief The Parties Teresa D. Oglesbee is the party appealing to the court of appeal. Teresa is also the plaintiff since she is the party offended. Pfeil Funeral Homes, Inc. is the appellee; Pfeil is also the defendant in the case, Teresa D. Oglesbee v. Pfeil Funeral Homes, Inc. William H. Smith, Jr. represents Teresa and Kurt R. Welterndorf is the representative for Pfeil Funeral Homes, Inc. in the Court of Appeal. Therefore, Teresa is the plaintiff/appellant and Pfeil is the defendant/appellee. Facts of the Case The case, Teresa D. Oglesbee v. Pfeil Funeral Homes, Inc. is a premises liability case. Teresa D. Oglesbee is the...
3 Pages(750 words)Coursework

Brief case

... Case Ratcliff v. Sprint Missouri case Case No. WD 64840. Decided in 2008 Summary of the case Bob Ratcliff offers the judgment favoring Sprint Missouri, Sprint United Telephone, in his building risk movement. Mr. Ratcliff raises ten focuses on advance testing the judges’ decision, the trial courts rebuttal to permit him to correct his appeal, the trial courts affirmation or rejection of certain proof, and the trial courts refusal to allow a defensive order. Facts i. On 4th March, 1997, in the Truman structure on the Capitol Complex in Jefferson City. ii. Mr. Ratcliff was the operating in the building as an interchanges admin for the Capitol Police. iii. Sprints administration professional, Jerry Bondurant, was introducing another...
1 Pages(250 words)Essay

Case brief

...Case brief Affiliation: The case is Mikell v. School Administrative Unit 33, case number 2008-737 which was decided in May 15, 2009, 2. FACTS Joshua Markiewicz was a seventh grader student who hanged himself. He had been having disciplinary troubles in school which the school counselor was aware of and had informed his mother about some of them. A statement however about him “wanting to blow his brains out” was however termed as not serious by the counselor to his mother and he was made to sign a contract of safety but the matter was never followed again. The mother was suing the school...
1 Pages(250 words)Assignment

Case Brief

...Case Brief of Crane vs. Commissioner of Internal Affairs Affiliation A case brief of Crane v. Commissioner of internal revenue No. 68 Supreme Court of the United States 331 U.S. 1; 67 S. Ct. 1047; 91 L. Ed. 1301; 1947 U.S. LEXIS 3021; 47-1 U.S. Tax Cas. (CCH) P9217; 35 A.F.T.R. (P-H) 776; 1947-1 C.B. 97; 1947 P.H. P72, 004 Fact: After the death of her husband in January 1932, Mrs. Crane became the sole beneficiary of and the executrix of her husband’s will. The inheritance comprised of an apartment lot and building subject to a mortgage, which secured an interest in default of $ 7,042.50 and a primary debt of $ 255,000.00. Mrs. Crane, afterwards, got into a contract with...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Proposal on topic Case brief 2 for FREE!

Contact Us