In reviewing a state statute that allows for the taking of private property for a public purpose, the Supreme Court will give the state legislature's great deference. True False
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In reviewing a state statute that allows for the taking of private property for a public purpose, the Supreme Court will give the state legislature's great deference.
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- Case: Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln Health Center Facts: Brenda Brandt was admitted to Bush Lincoln Health Center for treatment of urinary incontinence. She had a surgical procedure in which a sling was implanted. The manufacturer, Boston Scientific, recalled the item. Brenda had to have the sling surgically removed. She sued the manufacturer and the designer. In this case, Brandt’s bill from the Health Center reflects that of the $11,174.50 total charge for her surgery. $1,659.50, or 14.9%, was for the sling and its surgical kit. What provision of the UCC did the plaintiff sue under? What was the reasoning and decision of the court hearing the caseBill was appointed by Melinda to buy a painting at not more than $1 million. Bill eventually bought the painting for $1.2 million. Melinda wished to ratify Bill's act. Which of the following statements is CORRECT? Melinda could ratify if she did so soon after Bill's unauthorised act. Melinda could not ratify because Bill disobeyed her instructions. Bill had actual authority since he was appointed by Melinda to buy the painting. Melinda could still sue Bill for the price difference after ratifying his unauthorised act.Ellen, a citizen of California, was seriously injured in an automobile accident while driving in California. She was injured due to the negligence of Sara, a citizen of Arizona, who ran a red light at an intersection. Ellen is seeking 1.5 million in damages. 1. Where may Ellen bring her suit? 2. Discuss the process Ellen would have to follow in order to fully litigate her claim. 3. If Sara is granted summary judgment at the trial court level, what may Ellen do next? Explain her options.
- Jane Smith, age 40, is single and has no dependents. She is employed as a legal secretary by Legal Services, Inc. She owns and operates Typing Services located near the campus of Florida Atlantic University at 1986 Campus Drive, Boca Raton, FL 33434. Jane is a material participant in the business. She is a cash basis taxpayer. Jane lives at 2020 Oakcrest Road, Boca Raton, FL 33431. Jane’s Social Security number is 123-45-6781. Jane indicates that she wants to designate $3 to the Presidential Election Campaign Fund. Jane had health insurance for all months of 2018. During 2018, Jane had the following income and expense items: $100,000 salary from Legal Services, Inc. $20,000 gross receipts from her typing services business. $700 interest income from Third National Bank. $1,000 Christmas bonus from Legal Services, Inc. $60,000 life insurance proceeds on the death of her sister. $5,000 check given to her by her wealthy aunt. $100 won in a bingo game. Expenses connected with the typing…The U.S Supreme Court requires that any condemned property must be put into use for the general public. True FalseAssume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.
- Read Herr v Bourne, 2021 ABQB 478 (CanLII). Which equitable remedy did the Court grant the Plaintiff? (enter the two words) Answer: AirLocate Alberta's Court of Justice Civil Procedure Regulation. Pursuant to Section 3(2)(b) of the Act, a civil claim must clearly state? Answer:In eminent domain cases, an individual private party may not benefit from the government's taking of private property for a public purpose. True False
- Harman’s lawyer was successful in representing Harman in their Alberta Court of King’s Bench trial, securing a judgment of $675,000. The Justice also awarded Harman costs based on Schedule “C” of the Alberta Rules of Court, Alta Reg 124/2010 . Based on the foregoing, how much will Harman receive in Schedule “C” costs for the work their lawyer did preparing commencement documents, affidavits, pleadings and related documents and amendments? (Put answer in as a number)a WI Thi aw poin loqua yd olM : Jane was tired of living in the jungle with Tarzan and entered into a sales contract to purchase a small house from Tarzan that he had inherited. Tarzan later changed his mind, because he liked Jane swinging in the trees with him. If Jane decides to seek legal assistance to acquire the house, which remedy should she ask for? O Quantum meruit O Promissory estoppel O Specific performance O Legal ejectment dead artGive an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.