Tashianna Bynum
Unit 3 Complete:
Box One -
Name of case: Reed v. King
Court: Court of Appeal of California held the final verdict towards the case of Reed v. King where Reed disputed the District Court’s Verdict.
Citation: The citation assigned to the Reed v. King Case was 193Cal. 130 (1983)
Parties and their roles: In this case there was Dorris Reed (plaintiff) and Robert King as the (defendant).
Facts: Reed the newly homebuyer purchased a home from Mr. King under false pretenses and decided to dispute the order of the Superior Court of Nevada County (California), which dismissed Reed’s complaint about misrepresented in the purchase of a home without having full insight from the defendants and his real estate agents. The plaintiff is suing for rescission of the real estate contract. She believes she was involved in a breach of duty because all the information did not disclose about the home.
Issues: The courts originally dismissed Reed allegations due to the lack of evidence. However, the Reed actions were altered once she gained knowledge about the real estate contract and learned from her new neighbors of the multiple murders had occurred in her newly owned home.
District Court decision: The District Court found Mr. King and his real estate agents in default for failing to disclose a murder that occurred several years ago and legal obstruction existed against the property which the material excluded from in the contract.
Court of Appeals decision: The Court of Appeals
The Court ruled in favor of the appellant, and the decision is described as follows:
The Question: Has the Plaintiff, Linda D. Daugherty, included the operative facts for cause of action in her claim against the Defendants, Casual Lifestyles Realty, Inc. and Rauleigh J. Ringer, or has said Plaintiff insufficiently stated the facts, therefore making indefinite allegations and validating the move for a more definite statement? Or, is it that, the mechanisms of discovery could be an open alternative to the Defendants, which would aid in gathering any information needed for the defense to frame a response to said Plaintiff, therefore invalidating the Motion pursuant to Rule 12(E) of Indiana Rules of Trial Procedure?
Frosch, D and Johnson, K. (2007). Colorado Hearing Re-examine 1987 Murder Case. Retrieved from: http://www.nytimes.com/2007/12/27/us/27fortcollins.html?pagewanted=all&_r=0
The trial court judged in favor of Plaintiff, thus, Plaintiff won and Defendant lost. The question of fact was if a contract existed between the parties. The trial court decided that the contract existed, even Ivan was against it, if he had read through Application for Advertising, he would have realized that he was signing contract.
Since the early settlers came to live in the United States, slaves were also shipped over from Africa. Since they had been brought over they had not been granted any rights nor were they treated any better after a couple hundred years. However, abolitionist groups became increasingly more popular in the 1840s and 1850s. Many slaves also began to run away and want their freedom, such as Dred Scott. The Dred Scott vs Sanford Supreme Court case decided that blacks were not entitled a U.S. citizenship and Congress cannot ban slavery in U.S. territories.
Plaintiffs in King v. Burwell filed a lawsuit to the United States District Court for the Eastern District for Virginia, challenging the IRS rule that tax subsidies are available to all eligible Americans regardless of whether they purchase insurance on a state-run or federally-facilitated Exchange. Among other things, plaintiffs argued that they will be economically injured by the IRS ruling because they will be required to choose between buying health insurance or paying the Minimum Coverage Provision penalty. Plaintiffs also claimed that the purpose of the ACA was to induce States to set up their own Exchanges by withdrawing tax subsidies from States that chose to allow the federal government to operate Exchanges on their behalf.
On the same day that the Fourth Circuit issued its decision, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, in Halbig v. Burwell (2015), reached the opposite conclusion, finding 2–1 that the ACA unambiguously restricts the…subsidy to insurance purchased on Exchanges “established by the State.” The D.C. Circuit’s decision, however, was vacated when that court agreed to hold an “en banc” hearing of the case before all judges of the court in December. Meanwhile, the appellants in King v. Burwell (2015), having decided not to seek an en banc hearing, filed a “writ of certiorari” or petition for review with the United States Supreme Court, which was granted on November 7, 2014, despite the fact that there was technically no disagreement between the two appellate courts on the central
Within the United States Constitution as it Pertained to the Dred Scott Case of 1856
Agurs was heard by the United States Supreme Court in 1976. This case differed from others as it questioned whether or not prosecutors had to disclose the victim’s previous criminal history. This case involved a woman named Swells who was murdered with a knife by Agurs. During the trial, Agurs’s defense learned that Swells had a criminal history and mentioned for a new trial. The defense for Agru further believed that releasing Ms. Swell’s criminal history may have supported their argument that Mr. Agurs acted in self-defense. However, the district court denied this request. The case then went to the appeals court, which determined that not releasing Ms. Swell’s previous criminal history was an act of suppressing evidence (material) that may influence the jury. Despite this ruling, the United States Supreme Court ruled that the prosecutor in the district court was correct and that prosecutors did not have a duty to release a victim’s previous criminal
On June 25, 2015, the Supreme Court upheld Section 36B of the Patient Protection and Affordable Care Act in the case King V. Burwell. The suit was brought under the argument that the plain language of the statute provided eligibility for tax credits only to those person in states with state-operated exchanges. The Supreme Court disagreed by a 6 to 3 vote saying the wording “…established by the State” was superfluous when reading within “the broader structure of the Act.” Therefore, it was affirmed the law’s federal subsidies to help individuals pay for health insurance are available in all states, not just those that have set up state exchanges.
John Walker, III, in His Official Capacity as Chairman of the Board, et al., Petitioners
One of the most significant court cases in the 1800s was the Dred Scott v. Sanford case in 1857 (Kelly, 2014). This case gripped the nation right as the North and the South became further and further apart. The Scott v. Sanford case deepened the boundary closer to Civil War. Scott v. Sanford drew in everyone’s attention and led to the rally of a lifetime. The case created problems and changes in the United States and the significance of this case is still awed by today.
On June 25, 2015 the Supreme Court ruled to maintain health law subsidies. The petitioners disputed the legitimacy of premium and cost sharing subsidies for all low- and middle-income citizens. However, the purchasing of health insurance policies in 34 states where the federal government instead of the state is operating an insurance marketplace established through the Affordable Care Act system (Smith, 2015).
What Laura forgot to mention was when her husband was found guilty of raping a 15-year-old girl in 1973. However, the case was overturned by the Judge Noble, very judge who supported Robert Latimer’s decision of killing his daughter 20 years later (Pickup). Prosecutors benefited by declaring other ways of ending Tracy’s pain (White).
supreme court. Chief Justice Roger B. Taney announced that the majority opinion of the court stated that