MARVIN KATKO, Appellee v. EDWARD BRINEY and BERTHA L. BRINEY, Appellants No. 54169 - February 9, 1971, Filed Supreme Court of Iowa “The Mahaska District Court (Iowa), upon a jury verdict awarding actual and punitive damages to plaintiff in an action resulting from injuries suffered by trespassing plaintiff when he triggered a spring gun placed in an uninhabited house by defendant owners” (Harold Fleck)…
Download file to see previous pages...
When the appellee (Katko) trespassed on the uninhabited house to steal old bottles and fruit jars, which cost less than $20, gives the implication that the owner of the said house has the right to impose self defense for their property against him (appellee) and his companion. Adhering to the principle of self defense, then the defendants are right to say that they have the right to defend their property. What would be erroneous so speak is the means employed to protect their belongings. One of the requisites of self-defense is the “reasonable necessity of the means employed.” Using shotgun that could inflict serious physical injuries or even death defies this requisite in self defense knowing the fact that it could not even put the lives of the owners at risk because, as mentioned, it has been uninhabited for several years. As one of the justice who concurs, Moore, said “the primary issue presented here is whether an owner may protect personal property in an unoccupied boarded-up farm house against trespassers and thieves by a spring gun capable of inflicting death or serious injury.” Thus, the means employed (the shotgun) is too ruthless to use in defending an unoccupied old farm house from trespassers.
...Download file to see next pagesRead More
Cite this document
(“Legal Studies Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/other/1415186-legal-studies
(Legal Studies Essay Example | Topics and Well Written Essays - 500 Words)
“Legal Studies Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/other/1415186-legal-studies.
In the first case, I believe he might be charged with committing an offence under the Official Secrets Act 1989. According to Section 12, 1(c) of the Act, he is a Crown servant. This section defines a crown servant as “any person employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service, Her Majesty’s Overseas Civil Service, the civil service of Northern Ireland and the Northern Ireland Court Service.
Because this professor is not tenured, he does not have a property right and therefore cannot say that he has a legally conceivable violation of due process. Moreover, it can be reasonably argued that were a court to find that there is a right to due process, that it has been met.
Jones born to a white mother and a black father was subjected to various physical harassments and also was subjected to verbal harassment by his work colleagues calling him by different undesirable names.
However on appeal by the employers, the Appeal Tribunal held that the employers were not vicariously liable as the harassment was not done 'in the course of employment' under section 32(1) of the Racial Relations Act 1976 (RRA).
The transformation of Australia into a smoke-free society cannot be realised without the backing of both the public and legislators. It entails the passage of laws which prohibit smoking in public/closed spaces and places. Given that laws are passed in Parliament by MPs, it is only realistic to argue that members of parliament will look towards their constituents before they vote for the passage of an anti-smoking bill into legislature.
Legislative changes, however, largely instigated by the fact that the described legislature was deemed outmoded and archaic, have removed the stated prohibition. Licensed stores can now sell liquor on Sunday.
The hospitality industry's reaction to the described changed has been mixed.
A construction on site should be managed effectively in order to avoid possible issues and problems. This particular case demands even more management and organizational requirement during construction due to its controversial nature. Endeavour Tower, a modern five-story “block of flats” is to be erected amidst a house, gardens, and other historical attractions.
nesses, landlords and members of the public who have wholeheartedly embraced the new law - but also to the council environmental health officers who have carried out their work with a light touch, an even-hand, and a commitment to advising people rather than punishing them."
This piece of research work identifies the relevance Law and reasons why a large number of people choose Law as their major for study.
Law regulates the thoughts of civilization as it dictates and suggests
Law for Hong Kong Special Administrative Region, (HKSAR) of People’s Republic of China, called as basic law, for Chinese citizens born in Hong Kong, before or after the establishment of HKSAR ,stipulates that such citizens, as also