Exam1 - Cases - Cases Chapter 1 Brown v Brown 1 Procedural...

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Cases Chapter 1 Brown v. Brown 1) Procedural Background: - Mr. B files motion to dismiss/ transfer - General Master denied motion = venue is in Broward - Mr. B appeals 2) Key Facts: - Married in Escambia - Divorce of Marriage filed in Broward - Ms. B live in Broward - Mr. B lives in Escambia 3) Issue: Whether General Master erred in deciding venue in county where marriage last existed 4) Holding: To determine proper venue in a dissolution proceeding, we are required to look to the single county where the marriage last existed. 5) Disposition: Affirmed Chapter 2 *Ritchie v. Wayman (9/10) 1) Procedural Background: Circuit Court held the act unconstitutional 2) Issue: Whether women can work more than 10 hours a day in any mechanical establishment. - Challenged constitutionality of act that forbid them to work that long 3) Holding: Women may not work more than 10 hours a day in a mechanical establishment. 4) Reasoning: Women couldn’t “physically” work (precedent) 5) Disposition: Reversed (Supreme Court of Illinois) - 1910, end of Industrial Revolution before WWI o Imperialism - Women “still cooking,” following men - Women at manufacturing plant broke 10 hour rule o Inspector fines them Company files complaint *Rostker v. Goldberg (9/10) 1) Procedural Background: District Court for Eastern PA held the Military Selective Service Act unconstitutional, violating the 5 th Amendment 2) Issue: Whether MSSA is unconstitutional (women don’t have to register for draft) 3) Holding: MSSA constitutional 4) Reasoning: (1) women, who were excluded from combat service by statute or military policy, and men were not similarly situated for purposes of a draft or registration for a draft; thus Congress' decision to authorize registration of only men did not violate due process clause, and (2) Congress acted within its constitutional authority when it authorized registration of men, and not women, under Military Selective Service Act. 5) Disposition: Reversed (U.S. Supreme Court) - Upheld constitutionality that only men can register for the draft *Carnival Cruise Lines v. Shute (9/15) 1) Procedural Background: - District Court for Western Washington granted summary judgment - Court of Appeals for 9 th Circuit reversed and remanded o Later withdrew opinion and certified question to WA Supreme Court o After question answered, reversed and remanded again 2) Key Facts: Cruise ship passengers sued cruise line seeking damages for injuries in a slip and fall 3) Issue: Whether the forum selection clause in a ticket’s contract should be enforced 1
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4) Holding: Yes, it should 5) Reasoning: (1) forum selection clause in cruise line's passage contract ticket, requiring litigation of all
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  • Fall '10
  • Supreme Court of the United States, First Amendment to the United States Constitution, Procedural Background

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Exam1 - Cases - Cases Chapter 1 Brown v Brown 1 Procedural...

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