In this case, regarding the legal validity of the Environmental Protection Agency (EPA) enforcing an order on Betty’s land, they are within full scope of authority. The EPA issued its order in reference to the Endangered Species Act (ESA). The pond located on Betty Blackacre’s property was deemed as a major migratory location for many birds, including endangered species. Section 9 of the ESA bars the taking of a species. In this instance, the term “take” encompasses any harm of an endangered species or its habitat (Laschever, 2012). This is directly applicable to the land included in the order. Donald’s industrial park would inevitably affect the environment of the endangered birds.
Even though EPA decisions are binding, they can be appealed.
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In response to the suit filed, Betty’s lawyer filed for a motion to dismiss due to lack of jurisdiction. Subject-matter jurisdiction does not impede the trial courts reach to try out-of-state defendants. The ensuing issue for the trial court is to determine in-personam jurisdiction. This form of jurisdiction focuses on the residence, location, and activities of the defendant (Mallor, 30). Traditional in-personam jurisdiction would not apply to Betty. She is not a resident of New York, was not in New York when receiving court proceedings, nor did she consent to New York City court’s authority. Luckily for Donald, the contract he signed with Betty took place in his Manhattan office. This constituted doing business within New York City, which subjected Betty to long-arm statutes. In this case, Betty made two trips to New York City and met with Donald, along with his lawyers. The due process standard of minimum contacts, which are significant and do not offend traditional notions of fair play and substantial justice, was met (Mallor, 30). The motion for dismiss will be denied, due to the New York City trial court having long-arm statute in-personam jurisdiction. Furthermore, Betty may be permitted to apply for a change in venue if a fair trail would be impossible in
Ernest and Mary Horton’s were injured when their house exploded and caught fire as a result of a gas leak. In a suit filed against the gas company, they were awarded both compensatory and punitive damages. According to the IRC code §104(a)(2), compensatory damages are excluded from gross income. However, the case Horton v. Commissioner examines whether the punitive damages should also be excluded from the taxpayers’ gross income. The Horton’s position was that it is excluded, and the IRS’ stance was it needs be included as part of their taxable
In September 1983, an 11 year old female by the name of Sabrina Buie was found dead in a soybean field in Robeson County. She was beaten very bad, She was also raped and suffocated. As days passed , police got noticed that two teenagers could be a prime suspect for the crime. Their names were Henry Lee McCollum age 19, and Leon Brown, who are 15. They also were step brothers.
Mr. Bart Brie, a thirty-year-old, unemployed man, was arrested by the City of Silver Lake Police on December 23, 2016 after police officers seized white pills and a large amount of money from his home. R. at 2, 7. Police had received a tip that an approximately thirty-year-old man of average stature was recently seen with a gun entering an apartment located at 228 Ouvreprix Way. Id. Two police officers were dispatched to that address to respond to the tip.
2. Whether Caldwell’s challenge to the sufficiency of the evidence sustaining one of his convictions for conspiracy is adequately preserved for appellate
A towns judge informs the posse that they must bring the suspects back for trial and that the formation of the posse is considered illegal because the sheriff is out of town. This is the first element of an infraction of the due process law. This is important
Name of the case: Babbitt V. Sweet Home Chapter of Communities for a Great Oregon Court: United States Court of Appeals for the District of Columbia Circuit Citation: 515 US 687 (1995) Parties and their roles: BRUCE BABBITT, SECRETARY OF THE INTERIOR, et al., PETITIONERS v. SWEET HOME CHAPTER OF COMMUNITIES FOR A GREAT OREGON et al. Facts: The Endangered Species Act of 1973 (ESA) makes it unlawful for any person to “take” endangered or threatened species, and defines “take” to mean, among other things, “harass, harm, pursue, wound, or kill.” In 1975, the Secretary of the Interior (Secretary) issued a regulation defining harm to include “significant habitat modification or degradation where it actually kills or injures wildlife.” Issues: Does
On October 2011, in Roane County near Knoxville, a passing driver discovers a body near the side of the rural road. After the call to 911, which starts the criminal justice process, the police rushed to the scene to discover that the body belonged to 23-year-old Brooke Morris. She was murdered, and the Dateline episode, Nightfall documents the investigation and outcome of Brooke’s murder. Brooke was a victim of more than one violent crime. It led to her murder, but it also led investigators to catching her killer.
The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.
About Mary Ellen Smith - Broker Cobb Real EstateBuyer's Representation in Crystal Beach and the Bolivar Peninsula area Mary Ellen watched as Crystal Beach was transformed from a once sleepy fishing village to one of the most sought after vacation areas in the nation. The beautiful beach on the Bolivar Peninsula is home to a thriving community, which offers residents a picturesque and leisurely lifestyle. Once someone has visited Crystal Beach, they will likely return. The highly sought after real estate has prompted many to buy either a vacation home or a permanent home in Bolivar. Mary Ellen Smith, a broker associate for Cobb Real Estate, has helped many of these buyers.
In this paper in criminal procedure, I will discuss a scenario in regards to extradition. Throughout this paper, I will address and answer the following questions: 1.) What procedural steps must the Orange County prosecutor take to extradite Hurst from Arizona? 2.) What procedural steps must the Orange County prosecutor take to extradite Brook from Mexico?
Witkin (including Witkin’s Summary of California Law 10th, Witkin on Procedure, Witkin on Evidence, and Witkin on Criminal Law) • The Combined Index helps you find relevant topics in any of the four Witkin sets • Succinctly explains California law and procedure and also includes relevant federal law • Extensively cites to case and statutory authority • Published by West and available on Westlaw and Lexis California Forms of Pleading and Practice • Similar in scope to Witkin, it explains California law and procedure with forms for pleadings • Extensively cites to case and statutory authority, and includes research guides that outline relevant cases for research • Available only on Lexis California Jurisprudence (Cal. Jur. 3d) • The General
R. Civ. P. 16(c)(2). This sounds kind of like an ambiguous instruction to The Fixer in the mafia: “We need you to handle this Big Nicky.” As a defense attorney, if you want to put some heat to a complex case, you ask the judge for a Lone Pine order. If plaintiff’s counsel cannot put forth sufficient evidence to support the claims, the case is dismissed.
(Bock, Lecture notes on The American Legal System, pg.
In Chapter 4 of Uneven Ground, Wilkins discusses the United States v. Winans case which regarded tribal rights. It held that the Yakamas tribe had “reserved rights” to hunt and fish because the Winans brothers had been depleting the salmon in the river. Wilkins also writes how the tribes implemented their rights based on their original and indigenous sovereignty. Chief Justice Fuller recognized this and confirmed the tribe’s rights to hunt and fish because of tribal sovereignty (125). In a similar case, Winters v. United States (1908), a man had built a dam that restricted all water flow down the Milk River.
effective” on creating environmental policies. (Primo, 2014, p.8) Under the act if a private land was devastated as a critical habitat for threatened or endangered species and takes a 50% hit on market value than the property owner would be able to receive 150% of the fair market value of the property. (Primo, 2014, p.11)