Activity_ Legal Citations Assignment

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1 Activity: Legal Citations Assignment Nikolas Sullivan School of Health Sciences: Liberty University AMOA 256: Medical Office Ethics and Law Mrs. Rebecca Farmer March 4, 2024
2 Activity: Legal Citations Assignment 1. State Board of Medical Examiners v. Finch. 514 S.W. 2d 608 (Mo. 1974) (a) Defendant: Raymond Bernard Finch, M.D. (b) Type of court: Missouri Court of Appeals, Kansas City District (c) Year of the decision: 1974 (d) State where decisions were made: Missouri 2. Applebaum v. Board of Directors of Barton Memorial Hospital (1980) (a) Defendant: Board of Directors of Barton Memorial Hospital (b) Type of court that rendered the decision: California Court of Appeal, Third District (c) Year of the decision: 1980 (d) State where the decision was rendered: California 3. Berg v. New York Society for the Relief of the Ruptured and Crippled (1956) (a) Defendant: New York Society for the Relief of the Ruptured and Crippled (b) Type of court: Court of Appeals of the State of New York (c) Year of the decision: 1956 (d) State where the decision was rendered: New York 4. Mazer v. Lipschutz (1963) (a) Defendant: Lipschutz (b) Type of court: CCA ( United States Court of Appeals, the Third Circuit) (c) Year of the decision: 1963 (d) State where the decision was rendered: Pennsylvania 5. Miles v. Hoffman (1923 (a) Defendant: C. J. Hoffman
3 Activity: Legal Citations Assignment (b) Type of court: Supreme Court of Washington (c) Year of the decision: 1923 (d) State where the decision was rendered: Washington 6. Hood v. Phillips (554 S.W.2d 160 (Tex. 1977) (a) Defendant: Dr. John R. Phillips (b) Type of court: Supreme Court of Texas (c) Year of the decision: 1977 (d) State where the decision was rendered: Texas 7. Christy v. Saliterman. 179 N.W. 2d 288 (Minn. 1970) (a) Defendant: Christy (b) Type of court: Supreme Court (c) Year of Decision: 1970 (d) State where the decision was rendered: Minnesota 8. Hicks v. Arkansas State Medical Board. 260 Ark. 31.537 S.W.2d 794 ( Ark. 1976) (a) Defendant: Arkansas State Medical Board (b) Type of court: Highest state court ( The Arkansas Supreme Court) (c) Year of decision: 1976 (d) State where the decision was rendered: Arkansas Explanation: 1. State Board of Medical Examiners v. Finch. 514 S.W. 2d 608 (Mo. 1974)
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4 Activity: Legal Citations Assignment The defendant in this case is Dr. Raymond Bernard Finch, who was appealing the decision of the Missouri Board of Medical Examiners to deny his license application. The Missouri Court of Appeals made the decision in 1974, and the case involved the state of Missouri. The Court ruled that the Board automatically disqualifying Dr. Finch based on past convictions was wrong, and they needed to consider the situation's specifics before making a final decision. 2. Applebaum v. Board of Directors of Barton Memorial Hospital (1980) The court case Applebaum v. Board of Directors of Barton Memorial Hospital (1980) was a civil case in which physician Jeffrey Applebaum sought to restore his obstetrical staff privileges at Barton Memorial Hospital. The court ruled in favor of the hospital, and Applebaum’s privileges were not restored. 3. Berg v. New York Society for the Relief of the Ruptured and Crippled (1956) Hospital sued for technician’s error: A patient (Berg) sued the hospital after a technician’s mistake caused harm. The hospital was held responsible: The court ruled the hospital liable because the technician wasn’t considered an independent professional but a regular employee. Impact on hospital liability: This case helped clarify when hospitals are responsible for their employees' actions. 4. Mazer v. Lipschutz (1963) Case Summary: This case dealt with copyright infringement of a statuette, specifically a lamp base with a nude female figure. The plaintiff, Mazer, created the figurine, while the defendant, Lipschutz, produced and sold copies without permission. The critical legal issue
5 revolved around whether the practical nature of the lamp base diminished its artistic merit and copyright protection. The court ruled in favor of the plaintiff, Mazer, Activity: Legal Citations Assignment recognizing the figurine’s artistic value and granting copyright protection despite its functionality. This case significantly contributed to copyright law by highlighting the separability of artistic expression from functionality, ensuring security for artistic elements even in utilitarian objects. 5. Miles v. Hoffman (1923) Appeal from an order of the superior court for Cowlitz County, Kirby, J., entered March 15, 1923, granting a new trial after a jury's verdict in favor of the plaintiff in an action for malpractice. Appellate court affirms. 6. Hood v. Phillips (554 S.W.2d 160 (Tex. 1977) Defendant: Dr. John R. Phillips is identified as the defendant because the came name lists him first followed by “v.” which signifies “versus.” This indicates he was being sued. Type of court: “Tex. 1977” at the end of the citation refers to the state and year the decision was made. In this case, “Tex.” stands for Texas. Since a lower court within Texas didn’t create the decision, it implies the Supreme Court of Texas issued the ruling. Year of decision: As mentioned above, “ 1977” in the citation signifies the year the decision was made. State: Similar to the court identification, “Tex.” confirms the state where the decision occurred was Texas. 7. Christy v. Saliterman. 179 N.W. 2d 288 ( Minn. 1970) Defendant: Christy- This refers to one of the parties involved in the case. In legal terms, the defendant is the party against whom a lawsuit is brought. Type of court: The kind of court is
6 Activity: Legal Citations Assignment indicated by the reporter's presence (N.W. 2d), which typically suggests a state appellate court or supreme court decision. In this case, “N.W. 2d: stands for North Western Reporter, commonly used in the Midwestern states of the highest court, the Supreme Court. Year of the decision: 1970- This is the year when the court rendered its decision. The state where the decision was rendered is Minnesota (abbreviated as “Minn.”). 8. Hicks v. Arkansas State Medical Board. 260 Ark. 31.537 S.W.2d 794 (Ark. 1976) Defendant: The defendant is usually the party against whom the lawsuit is filed. In this case, the citation means “Arkansas State Medical Board,” indicating they were likely being sued by someone, possibly a doctor they disciplined. Type of court: Legal citations typically follow a specific format that reveals the court level. Here, “260 Ark.” suggests the highest court in Arkansas. While not explicitly mentioned, most states’ highest court is their Supreme Court, making it the likely court in this case. The year is clearly stated as “1976” within the citation. The Abbreviation “Ark” stands for Arkansas, indicating the state where the court is located and the decision was rendered.
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7 Reference Ethics Homework Help and Exam Questions. https://assets.oneclass.com/homework-help/ethics.en.html Court Dism: The court's ruling in the Mazer v. Lipschutz case clarified the issue of copyright infringement and established the defendant's liability for producing and selling copies of the plaintiff's statuette without permission. The decision, rendered by the highest court in Minnesota in 1970, set a precedent for future copyright cases in the state. Please refer to the link for more information on legal citations and court decisions. Court Dismisses Third-Party Action in its Entirety Against Our Mechanical Contractor Client in Case Involving Plaintiff’s Fall From a Ladder – Fabiani, Cohen and Hall. https://fcllp.com/court- dismisses-third-party-action-in-its-entirety-against-our-mechanical-contractor-client-in-case- involving-plaintiffs-fall-from-a-ladder/