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Brief Fact Summary. For thirty years, a maker of confections conducted business in a property that use two large mortars that made a substantial amount of noise when operating. A physician, who previously had a garden in the area directly behind the mortar, decided to convert the garden into a consultation room.
- Hunt V. State
Citation69 A.3d 360 (Del. 2013) Brief Fact Summary....
- Stockett V. Tolin
Citation791 F. Supp. 1536 (S. D. Fla. 1992) Brief Fact...
- Hunt V. State
McCulloch ’s 200-year odyssey, from 1819 to the present day, helps us understand how the “spirit” of the Constitution and its structure of federalism have been reinterpreted throughout U.S. constitutional history. Keywords: McCulloch v. Maryland, John Marshall, implied powers, constitutional history, New Deal, racial equality.
Facts. The defendant was a confectioner whose premises neighboured the claimant’s home. The defendant used a noisy pestle and mortar from around 10am to around 1pm each day. This went on for more than twenty years without complaint. Then, the claimant built a consulting room for his medical practice at the end of his garden.
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The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within. His shed was on the boundary of the property and happened to be next door to a confectioner. The confectioner had produced sweets in his kitchen for many years before the doctor had moved in. The doctor alleged...
Whether the doctor could claim loss of amenity when he had ‘moved to the nuisance’ or not. Whether the character of the area or locality as a residential area meant that there was a nuisance.
There was a nuisance, and the fact that the doctor had ‘moved to the nuisance’ was no defence to the nuisance itself. Nor was there an easement acquired by the confectioner through long usage that entitled him to continue with his actions. What constitutes a nuisance was to be decided on a case to case basis, and it is necessary to consider the par...
Judicial review is one of the distinctive features of United States constitutional law. However, the Constitution does not expressly grant the federal courts the power to declare government actions unconstitutional. Instead, the Supreme Court established the doctrine in the 1803 case Marbury v. Madison. 1.
Feb 8, 2020 · Marbury v Madison, the landmark Supreme Court judgment answers the three important questions that resulted in the rise of the most significant principles in US history: 1) Whether the applicant (Marbury) has a right to the commission that he demands? 2) If he does, and that right has been violated, do the laws of his country afford him a remedy?
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Bridgman Case Brief Summary | Law Case Explained. Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com ...
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