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In case of Fontaine v. British Columbia ( Official Administrator ) the Court rejected the use of res ipsa loquitur and instead proposed the rule that once the plaintiff has proven that the harm was under exclusive control of the defendant and that they were not contributorily negligent a tactical burden is placed on the defendant in which the judge has the discretion to infer negligence unless the defendant can produce evidence to the contrary.
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case and Fontaine
Hitchcock continued to perfect his recognizable brand of suspense-thriller, directing Foreign Correspondent ( 1940 ), the haunting Oscar-winning Rebecca ( 1940 ), which is about the unusual romance between a young woman ( Joan Fontaine ) and an emotionally-distant rich widower ( Laurence Olivier ) – overshadowed by a vindictive housekeeper ( Judith Anderson ), Suspicion ( 1941 ) about a woman in peril from her own husband ( Cary Grant ), Saboteur ( 1942 ) and Shadow of a Doubt ( 1943 ), which was Hitchcock's own personal favorite and based upon the actual case of a 1920s serial killer known as The Merry Widow Murderer.
case and v
Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to the United States Constitution.
Access Now v. Southwest Airlines was a case where the District Court decided that the website of Southwest Airlines was not in violation of the Americans with Disability Act because the ADA is concerned with things with a physical existence and thus cannot be applied to cyberspace.
In the Georgacarakos v. Watts case Peter N. Georgacarakos filed a pro se civil-rights complaint in the United States District Court for the District of Colorado against 19 prison officials for " interference with the free exercise of his Ásatrú religion " and " discrimination on the basis of his being Ásatrú ".
The Alford guilty plea originated in the United States Supreme Court case of North Carolina v. Alford ( 1970 ).
In the 1995 case State of Idaho v. Howry before the Idaho Court of Appeals, the Court commented on the impact of the Alford guilty plea on later sentencing.
" In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.
In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a " variation of an ordinary guilty plea ".
* 1818 – The case of Ashford v Thornton ends, with Abraham Thornton allowed to go free rather than face a retrial for murder, after his demand for trial by battle is upheld.
A court case allowing the União do Vegetal to import and use the tea for religious purposes in the United States, Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, was heard by the U. S. Supreme Court on November 1, 2005 ; the decision, released February 21, 2006, allows the UDV to use the tea in its ceremonies pursuant to the Religious Freedom Restoration Act.
* 2010 – California's Proposition 8, the ballot initiative prohibiting same-sex marriage passed by the state's voters in 2008, is overturned by Judge Vaughn Walker in the case Perry v. Schwarzenegger.
According to the special theory of relativity, the aberration looks as a transform of the celestial sphere due to different frames of reference and is virtually a special case of velocity addition, namely one of the light beam and frames ' relative velocity v. The formula from relativistic aberration can be simplified to
The phrase " black-letter law " was used in the Pennsylvania Supreme Court case Naglee v. Ingersoll, 7 Pa. 185 ( 1847 ), almost 50 years before the first publication of Black's.
There is also a U. S. Supreme Court case that predates the dictionary, Jackson ex dem Bradford v. Huntington, that uses the phrase " black letter " in the same sense as black letter law: " It is seldom that a case in our time savors so much of the black letter, but the course of decisions in New York renders it unavailable.
The Lord's Day Act, which since 1906 had prohibited business transactions from taking place on Sundays, was struck down as unconstitutional in the 1985 case R. v. Big M Drug Mart Ltd. Calgary police officers witnessed several transactions at the Big M Drug Mart, all of which occurred on a Sunday.
The Supreme Court of the United States held in its landmark case, McGowan v. Maryland ( 1961 ), that Maryland's blue laws violated neither the Free Exercise Clause nor the Establishment Clause of the First Amendment to the United States Constitution.
Theodore went on to successfully represent presidential candidate George W. Bush in the Supreme Court case of Bush v. Gore, and subsequently served as U. S. Solicitor General in the Bush administration.
The English case of R v. Coney in 1882 found that a bare-knuckle fight was an assault occasioning actual bodily harm, despite the consent of the participants.
In New York, the topfreedom equality movement helped to bring a case, People v. Santorelli ( 1992 ), to the New York State Court of Appeals.
The field of modern biotechnology is thought to have largely begun on June 16, 1980, when the United States Supreme Court ruled that a genetically modified microorganism could be patented in the case of Diamond v. Chakrabarty.
The case was heard on October 12, 1982, and on May 24, 1983, the U. S. Supreme Court ruled against Bob Jones University in Bob Jones University v. United States ( 461 U. S. 574 ).
In an 1842 English case, Winterbottom v. Wright, the postal service had contracted with Wright to maintain its coaches.
A first exception to this rule arose in an 1852 case by New York's highest court, Thomas v. Winchester, which held that mislabeling a poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put " human life in imminent danger.
Finally, in the famous case of MacPherson v. Buick Motor Co., in 1916, Judge Benjamin Cardozo for New York's highest court pulled a broader principle out of these predecessor cases.
case and .
In any case, he had no intention of being caught asleep, so he carried his revolver in its holster on his hip and he took his Winchester with him and leaned it against the fence.
At last, when I put it to him directly, the clerk was forced to admit that the delay in my case was unusual.
It was only a fifteen-minute flight, but before it was through Greg felt himself developing a case of claustrophobia.
The pretty little twittering WACS said he had the look of eagles -- and Penny, hating the cliche, had to admit that in this case it applied.
But in our case -- and neither my wife nor I have extreme views on integration, nor are we given to emotional outbursts -- the situation has ruined one or two valued friendships and come close to wrecking several more.
This is the only case in modern history of a people of Britannic origin submitting without continued struggle to what they view as foreign domination.
in others by business and professional acumen, as with Franklin and Adams, or, in Hamilton's case, by an influential marriage.
In each case, the object, the color, even the percussive sounds of the electronic score were designed to become part of the theatrical being of the performer.
It may establish the relation of the figure of the dancer to light and color, in which case changes in the light or color will set off a kaleidescope of visual designs.
Yet though the Southern States lost the worst errors in their case, they did not lose the truth they fought for.
Our understanding of the solar system has taught us to replace our former elaborate rituals with the appropriate action which, in this case, amounts to doing nothing.
I granted this might be so, but found the result to be even more attention to form than was the case previously.
What was only a vague suspicion in the case of Sherlock Holmes now appears as a direct accusation: the private eye is in danger of turning into his opposite.
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