Sample Case Brief Essays

Sample Case Brief Essays Sample Case Brief Paper Sample Case Brief Paper Kathryn Myrick Business Law 1 Professor McDonnell Case Brief A. 5 Braun v. Soldier of Fortune Magazine Inc. , 968 F. 2d 1110 (11th Cir. 1992) FACTS:In 1985 Michael Savage placed an ad in the Soldier of Fortune Magazine (â€Å"SOF†) advertising â€Å"Gun For Hire†. The ad ran from June 1985 to March 1986 generating an average of 30-40 call per week for jobs ranging from murder, kidnapping, assault and other criminal activity. After three previous failed attempts on his business partner Richard Braun’s life by Bruce Gastwirth , he contacted and hired Savage to commit the murder of Braun. Savage along with associates John Moore and Sean Doutre went to Braun’s home to carry out the act shot and killed Braun in front of his sixteen year old son Michael Braun who was also shot and wounded by the assailants. Michael and Ian Braun filed a lawsuit against â€Å"SOF† magazine alleging negligence. ISSUE(S): (1) Did Soldier of Fortune Magazine negligently advertised the ad breaching the duty of care? 2) Did SOF Magazine know of the potential risks by placing the ad in the magazine? (3) Did the ad contribute to the proximate cause of the murder of Richard Braun? HOLDING: The district court’s assertion that the publisher is liable for damages and negligently placed an advertisement that was apparent for substantial danger and potentially harmful to the public. The trial court’s langu age of the advertisement was the proximate cause of Braun’s injuries that he sustained. RULE OF LAW: To prevail in an action for negligence in Georgia a party must establish the following elements: (1) Legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm. (2) A breach of this standard. (3) A legally attributable causal connection between the conduct and the resulting injury (4) Some loss or damage flowing to the Plaintiff’s legally protected interest as a result of the alleged breach of the legal duty. CONCLUSION: The court AFFIRMS the district court’s judgment.

4 Criminals Prosecuted During the American Civil War

4 Criminals Prosecuted During the American Civil War The conditions that captured Union soldiers endured at the Confederacy’s Andersonville Prison were horrific. During the 18 months that the prison was in operation, nearly 13,000 Union soldiers died from malnutrition, disease, and exposure to the elements due to inhumane treatment by Andersonville’s Commander Henry Wirz.  So it really should come as no surprise that his prosecution for war crimes after the South’s surrender is the most well-known trial resulting from the Civil War.  But it is not as commonly known that there were almost one thousand other military prosecutions of Confederates. Many of these were due to the mistreatment of captured Union soldiers. Henry Wirz Henry Wirz took command of Andersonville Prison on March 27, 1864, about one month after the first prisoners arrived there.  One of Wirz’s first acts was to create an area called the dead-line fence, designed to increase security by keeping prisoners away from the stockade wall. Any prisoner who crossed the â€Å"dead-line† was subject to being shot by the prison guards.  During Wirzs reign as commander, he used threats to keep prisoners in line. When threats didn’t appear to work, Wirz ordered sentries to shoot prisoners.  In May 1865, Wirz was arrested at Andersonville and transported to Washington, D.C. to await trial.  Wirz was tried for conspiring to injure and/or kill captured soldiers by improperly denying them access to food, medical supplies, and clothing. He was also charged with murder for personally executing a number of prisoners. Approximately 150 witnesses testified against Wirz at his military trial, which lasted from August 23 to October 18, 1865.  After being found guilty of all charges against him, Wirz was sentenced to death and hanged on November 10, 1865. James Duncan James Duncan was another officer from Andersonville Prison who was also arrested.  Duncan, who had been assigned to the quartermasters office, was convicted of manslaughter for intentionally withholding food from the prisoners.  He was sentenced to 15 years of hard labor but escaped after serving only one year of his sentence. Champ Ferguson At the onset of the Civil War, Champ Ferguson was a farmer in Eastern Tennessee. This areas population was fairly equally divided between supporting the Union and the Confederacy.  Ferguson organized a guerilla company that attacked and killed Union sympathizers.  Ferguson also acted as a scout for Colonel John Hunt Morgans Kentucky cavalry, and Morgan promoted Ferguson to the rank of Captain of Partisan Rangers.  The Confederate Congress passed a measure called the Partisan Ranger Act which allowed for the recruitment of irregulars into service.  It should be noted that due to a lack of discipline amongst Partisan Rangers, General Robert E. Lee called for the repeal of the Act by the Confederate Congress in February 1864.  After a trial before a military tribunal, Ferguson was convicted of killing more than 50 captured Union soldiers. He was executed by hanging in October 1865. Robert Kennedy Robert Kennedy was a Confederate officer who had been captured by Union forces and was imprisoned at Johnson’s Island Military Prison. The prison was located in Sandusky Bay, which is on the Lake Erie coast just a few miles from Sandusky, Ohio.  Kennedy escaped from Johnson’s Island in October 1864, making his way into Canada - which maintained neutrality towards both sides.  Kennedy met up with several Confederate officers who were using Canada as a launching  pad to conduct war acts against the Union. He participated in a plot to start fires at numerous hotels, as well as at a museum and a theatre in New York City, with the intent to overwhelm local authorities.  All the fires were either put out quickly or failed to do any damage.  Kennedy was the only one who was captured.  After a trial before a military tribunal, Kennedy was executed by hanging in March 1865.