Unit 3 Firac Case Brief free essay sample

Ashley E. Parramore Introduction to Legal Analysis and Writing PA 205 August 8, 2011 Donnelly V. Rees Case Brief. Donnelly V. Rees Case Name: Donnelly V. Rees, 141 Cal. 56 (1903) Court: California Supreme Court FACTS: An action may be maintained by the sole heir of a deceased person to set aside a deed procured from the deceased without consideration by the fraudulent practices of the defendants and their undue influence over the deceased, who was known to be a habitual drunkard for more than five years before the execution of the deed. ISSUE: The plaintiff was not required to make any payments on account of an alleged bill against the grantor, or for moneys alleged to have been advanced to him subsequently to the alleged transaction, where these matters cannot be regarded as connected with the transaction. RULE: Section 2224 of the California civil Code (1) The defendant gained the land by fraud. (2) By undue influence, and are therefore or, rather each is an involuntary trustee of the thing gained. We will write a custom essay sample on Unit 3 Firac Case Brief or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3) The same result follows, because they gained the thing by the violation of a trust. Upon either of these principles, therefore, the plaintiff is entitled to recover, unless precluded as is contended by the appellants. ANALYSIS: The court cited in the decisions of Civ. Code, sec. 2219 Pierce V. Robinson, 13 cal. 127 Kimball V. Tripp, 136 Cal. 634, 635 Knight V. Tripp, 121 Cal. 674 Davies V. Otty, 35 Beav. 213 CONCLUSION: It was not necessary that the plaintiff should pay to the defendants the amount of their alleged bill, or to O’Brien the amount alleged to have been advanced to Kean subsequently to the transaction or that the court should so adjudge under the findings which we have held to be sustained by the evidence. These matters cannot be regarded as being connected with the transaction Guidici v. Guidici Case Brief Guidici v Guidici Case Name: Guidici V. Guidici 2 Cal. 2d 497 1935 Court: California Supreme Court FACTS: In this action to cancel a deed to real property, the evidence that plaintiff at the time of signing the deed was in such a state of mind, due to long and excessive drinking of intoxicating liquor, that he did not know what he was doing, and that he had no recollection of signing the deed, was sufficient to support the finding that he was mentally incapable, at that time, of understanding the nature of his act in the signing and execution of said deed, and such finding could not be disturbed on appeal even though there was considerable conflict in the evidence. ISSUE: While marriage is a good consideration for a deed, or for a contract generally, if such a deed is executed by the grantor at a time when he is incapable of understanding his act in the execution thereof, by reason of long and excessive drinking, and the marriage is entered into about an hour later, while he is in the same state of mind, it cannot be said that the marriage ceremony forms a valid consideration for the execution of said deed. RULE: The defendant was a woman of over fifty years of age at the time. She had been married twice before, and she admitted that she was marrying the plaintiff as a business proposition. At no time did she manifest any affection toward the plaintiff. She evidently reposed but little confidence in him, or was aware of his intoxicated condition, as she absolutely refused, at the suggestion of the attorney, to proceed with the marriage ceremony until the deed to plaintiffs valuable farm was signed and delivered to her. These matters were undoubtedly given careful consideration by the trial judge who, after a review of all the evidence with the parties before him and an opportunity to observe their conduct and demeanor, believed the testimony of the plaintiff and his witnesses, and made findings favorable to him. According to the well-established rule in cases involving conflicting evidence, the findings of the trial court must be sustained on appeal. ANALYSIS: A person who at the time of making a contract is completely intoxicated may avoid his contract notwithstanding the fact that his intoxicated condition may have been caused by his voluntary act and not by the contrivance of the other party to the contract. (6 Ruling Case Law, p. 595. ) CONCLUSION: It is not necessary for us to give any xtended consideration to the further contention of the defendant that there is no evidence to support the finding of the trial court that there was no consideration for the deed. It is, of course, true that marriage is a good consideration for a deed, or for a contract generally, but if the deed was executed by the grantor at a time when he was incapable of understanding his act in the execution thereof, his marriage was entered into while in the same state of mind. If one was not binding upon him by reason of the fact that he was mentally incompetent of entering into a valid contract the other may be avoided for the same reason. In these circumstances it cannot be said that the marriage ceremony to which the plaintiff and defendant were parties formed a valid consideration for the execution of said deed. The judgment is affirmed.

20 Controversial Essay Topics Hot Issues on Human Rights as a Form of Imperialism

20 Controversial Essay Topics Hot Issues on Human Rights as a Form of Imperialism If you are looking for a potential topic for your controversial essay on Human Rights as a Form of Imperialism, then look no further. Below are some sample essay topics that might be suitable for your next writing assignment. Remember that these are only meant to guide you and in some cases they may not be the most suitable selections depending on the guidelines of your assignment: Natural Law and Human Rights Violations Which Governments Use Human Rights as a Form of Imperialism How China Restricts Modern Internet Access to Control Tibet French Imperialistic Traces in Former Colonial Governments How North Korea Uses Limited Teaching, Talking About Threats to the Government, Helping Foreigners and Possessing Books Deemed Wrong as Imperialist Control Methods Portuguese Imperialistic Traces in Former Colonial Governments Governments Surveying Nations and Peoples They Deem as Threat: Human Rights as a Form of Imperialism Comprehensive Surveillance Used as Imperialistic Human Rights Control Measures Dutch Imperialistic Traces in Former Colonial Human Rights as a Form of Imperialism The Use of Continual Communications Monitoring in Businesses as Imperialistic Human Rights Control Measures Corporate Contributions to Western Politicians as Imperialistic Human Rights Control Measures British Imperialistic Traces in Former Colonial States: Human Rights as a Form of Imperialism Companies Using Advertisements to Control News as Imperialistic Human Rights Control Measures Asian Communities and Regimes Using Imperialistic Human Rights as Control Measures Japanese Imperialistic Traces in Former Colonial Governments Prominent Displays of Imperialistic Human Rights Control Measures in Modern Countries Complete International Media Control as Imperialistic Human Rights Control Measure Limited Information Availability as Imperialistic Human Rights Control Measure Belgian Imperialistic Traces in Former Colonial Governments Prevalence of Communication Monitoring as an Imperialistic Human Rights Control Measure These topics are specially designed for you to use together with   our 10 facts on human rights as a form of imperialism with a complete guide on this rare kind of academic work. Below is a sample essay on one of those topics to help give you a better idea of what your controversial essay should really be focused on: Sample Controversial Essay on Natural Law and Human Rights Violations Natural law is a theory of ethics, a theory of politics, religious morality, and civil law. The theory of natural law in terms of ethics can be applied to law, religion, and politics. In essence, natural law is determined by the universe, or human nature. It is most often referred to as the rules which guide moral behavior. Positive law is considered man made while natural law is that which is determined by nature. As such, natural law is a major component of critiquing positive law. Positive cannot be created or known without the foundation of natural law. As such, natural law can be used to determine legal statutes under natural rights or natural justice. Natural law states that certain rights are universally recognized by human nature. English common law, for example, has been greatly affected by natural law thanks to philosophers of the time including Thomas Hobbes and John Locke. Natural law plays a large role within natural rights and is a major component of the Declaration of Independence as well as the United States Constitution. Aristotle emphasizes the difference between nature and law. Law can vary in its command from place to place while nature remains the same in all places. As such, the law of nature was posed as a form of natural justice. Aristotle was said to be the father of natural law (Shellens, 1959, p. 77). Aristotle posits that natural justice is a subsidiary of political justice which should be established within a political community. Socrates argued that law is merely a matter of contract which binds those states men to their duty and to justice. Machiavelli argued that virtu’, even whilst occupying the role of a statesman, is circumstantial; that the best or just action might be considered unjust but is still serving the best interests. Machiavelli was a Western philosopher who was influenced by Greek philosophers such as Plato. Nonetheless, Machiavelli often argues against the philosophy of Plato. Plato believed in rulers who would rule based in moral virtue, which is defined by natural law or rather, guided by natural law. Machiavelli, conversely, believes in what he deemed â€Å"virtu† and suggested that what should be done is whatever was in the best interest of this, natural law aside. Plato speaks of the orderly universe in which we live. In The Republic, Plato suggested that ethics and politics overlapped in terms of their essential features and were, more or less, the same. He did not distinguish between public life and private life, as we do today. No private life was ever kept from the public during his time. During the time of Machiavelli, the reason for the state was to serve the people, not for the people to serve the state. Machiavelli believed that a ruler’s only purpose was making war and protecting citizens from other states’ attacks. This would mean only protecting the natural rights of the citizens of the country, even if it came at the cost of violating the natural rights of other citizens from another country. As such, a ruler was justified in acting in whatever fashion was necessary to maintain the country, even if said act was unjust. Plato argued that a ruler could never be unjust and could never violate natural law. Plato is against the ruler who rules based only on might, as seen in The Republic, and supportive of the idea of natural law or natural human rights. Socrates remained bound by an interest in ethics and natural law. He stated that knowledge gained by an individual is what makes for a good life. Knowledge is strongly identified as virtue. Thereby, if a person can obtain knowledge he or she can also obtain virtue and as such, one can teach virtue, particularly one who is in a position of authority as a leader. Knowledge of natural law would lead to an understanding that certain rights and justices are as natural as human nature and the universe and a continued education in such theory would show leaders and individuals involved in government that these were to remain as such. This creates a foundation for any political and economic system. Since the notion of private and public life being separate entities was not a popular one, Socrates stated that a person must seek knowledge prior t o seeking private interests because knowledge served as the only path to making decisions concurrent with natural law. References: Al-Jubouri, Firas A. J.  Milestones On The Road To Dystopia. Newcastle Upon Tyne, UK: Cambridge Scholars Publishing, 2014. Print. Bergman, Edward F, and William H Renwick.  Introduction To Geography. Upper Saddle River, N.J.: Prentice Hall, 1999. Print. Cortina Orts, Adela.  Covenant And Contract. LLeuven, Belgium: Peeters, 2003. Print. Larkin, Emma.  Finding George Orwell In Burma. New York: Penguin Press, 2005. Print. Larkin, Emma.  Secret Histories. London: John Murray, 2004. Print. Saccarelli, Emanuele, and Latha Varadarajan.  Imperialism Past And Present. Print. Spring, Joel H.  The American School : A Global Context. Print. Zhu, Qian et al.  The Politics Of Everyday Life: Non-Party Leftists In Republican China, 1919-1937. 2011. Print.