united_states united_states supreme_court case court held government authority prosecute crimes native americans indians reservation land designated indian country federal law indian tribe held mineral rights worth millions dollars white william devised plot kill tribal members allow nephew married tribal member inherit mineral rights tribe requested assistance federal government sent bureau investigation agents solve murders arrested tried murders claimed federal government jurisdiction district court appeal supreme_court reversed holding lands indian country federal government jurisdiction end indian murders background federal law congress passed indian trade intercourse act regulate trade indians provide united_states criminal jurisdiction crimes committed indians law provided trial federal court crimes committed indian non indian vice versa time passage federal jurisdiction indian territory given court arkansas clarified western district court arkansas law amended create oklahoma territory federal courts western arkansas southern kansas eastern texas jurisdiction indian territory territory federal government purchased kansas reservation nation tribe purchased acres land indian territory nation land suited farming abundant game congress passed oklahoma organic act forming oklahoma indian territories indian reservation oklahoma territory congress passed act served break reservations land tribal members act apply tribes tribes indian territory tribe oklahoma territory curtis act applied tribes leaving tribe tribe reservation oklahoma provisions congress established oklahoma state reservations eliminated tribe seeing disastrous effects resisted negotiated different major respects land opened white settlement surplus land tribe purchased second mineral rights retained tribe trust status federal government reservation remained deemed sufficient oklahoma state reign terror ownership land mineral rights consequence foster signed oil lease entire reservation shipping barrels oil companies producing million barrels annually tribe wealthiest united_states mineral rights transferring land owners murder rates highest united_states families earning year compared white families averaging congress passed law providing indian half blood determined secretary interior wait sell land early 1920s indians owned land obtain mineral rights began murdered charles anna brown indians killed separately february henry found car shot head caliber pistol month later explosion home killed smith white husband smith white maid smith brown sister daughter kyle known died thought poisoned smith cousin daughters worth considerable money inherited daughter married white man nephew wealthy texas william moved area federal investigation following deaths tribal council requested federal assistance local authorities apparently making effort solve crimes bureau investigation later federal bureau investigation fbi assigned conduct investigation responded sending undercover agents disguised cattle buyers investigation determined murders planned executed direction implicated murder brown morrison confessed court discovered held insurance policy noted nephew wife inherited kyle john charged federal court murder charged state court arranging smith bombing trials tried weeks trial realizing win changed plea guilty witness state exchange life sentence testified scheme ace bomber henry transferred oklahoma stood trial state court murder trial resulted hung jury united_states attorney transferred case oklahoma city indicted murder federal land death indicted grounds federal government jurisdiction district court sustained defendants motion government direct appeal supreme_court opinion court justice george delivered opinion court noted indictment drawn revised statute provides federal jurisdiction crimes committed indian country section longer applicable general crimes oklahoma crimes committed indians prosecuted crime occurred indian country question court allotted land restriction sale indian allotted indian country government controlled land sold alienated different land held trust indian country judgment district court error reversed subsequent developments trial district court following decision supreme_court tried federal court testified hired kill testified involvement smith bombing testified fort worth texas time killings defendants convicted sentenced life prison days appealed appeal appeal heard based improper procedure admitting testimony smith bombing contention federal government jurisdiction try case eighth circuit court denied plea jurisdiction noting supreme_court ruled issue earlier case court find testimony smith bombing relevant murder required case appeal likewise successful grounds murder testified court explained hired kill later changed story claim person killed testified crime convicted sentenced years prison aftermath entered fort federal prison protests tribe july months later released october morrison sentenced life prison brown murder governor henry granted pardon


liability act liability act act parliament united_kingdom covers liability result report law reform committee act introduced parliament liability bill granted royal june coming force january act unified classes visitors property duty care owed elements common law relating duty care covered duty owed parties contract entering property ways excluding liability visitors act introduced element liability failed maintain properties result responsible injury non tenant counter previous common law rule english law act valid law forms law relating liability english law liability act background prior visitors property classified different ways classification determined duty care owner tenant contractors hotel guests highest level duty duty ensure premises fit purposes contract customer shop owed duty duty reasonable care prevent damage unusual danger friend invited party duty duty warn concealed danger trap knew persons owed duty care refrain deliberately causing harm report law reform committee recommended changing system liability bill given second reading march sir harry foster solicitor general royal june act act identifies section identifies person occupying control premises necessarily owner underlying premise person liable person likely able prevent harm person occupying premises necessarily owner premises act define provides person treated person considered common law rules wheat ltd established person harris corporation held possible having physical possession house legal control property section extends standards set act land fixed structure includes ships aircraft common duty care act establishes uniform duty visitors distinction contractors section provides extend common duty care visitors keeps low duty care unlawful visitors duty described duty care circumstances case reasonable visitor reasonably safe premises purposes invited permitted act allows set limits visitor allowed long allowed extension common law judgment said invite person house use staircase invite slide invite use staircase ordinary way exceptions exceptions children person exercise calling professional person somebody exercising trade skill children prepared children careful adults warning notice example normally good alert adults potential danger alert children extension common law principle glasgow corporation taylor seven year old child died eating poisonous bush park looked like found house_of_lords constitute child found glasgow corporation owned park liable situation different child guardian expect appreciate obvious dangers rochester corporation essentially existing common law doubtful act law point duty person exercise calling professional somebody exercising trade section act provides person appreciate guard special risks incidental calling far leaves free roles pair chimney sweeps called clean boiler engineer warned risk carbon poisoning chimney sweeps cleaned fires lit disregarded warning continued overwhelmed carbon died court appeal held liable chimney sweeps warned calls specialist deal property reasonably expect specialist guard obvious dangers warnings warning danger taken account working common duty care breached section says damage caused visitor danger warned warning treated liability circumstances enable visitor reasonably safe warning discharge common duty care roles visitor reasonably safe mars ltd held danger extreme unusual warning barrier additional notice placed staples west district council established danger obvious visitor able appreciate need warning sign independent contractors section establishes damage caused visitor danger faulty execution work construction maintenance repair independent contractor employed treated danger circumstances acted reasonably work independent contractor taken steps reasonably ought order satisfy contractor competent work properly previous general rule held liable independent contractor visitor suffer harm work independent contractor question instead taken reasonable steps establish contractor competent job permits checked work properly application rule differs depending technical nature job son ltd established technical job reasonable independent contractor mayor hastings court held liability entrusted job competent person required kind care reasonable man place allows extremely dangerous activity place land taking precautions ensure contractor liability insurance safety plan held liable cricket club court appeal held defendant allowed independent contractor set display land checking public liability insurance liable injuries suffered extent check public liability insurance weak west hospital trust court appeal held contractor insurance expired days event liable liable failing check public liability checked contractor police local government schemes required contractor employed months case reasons doubt court appeal held special circumstances free standing duty reasonable steps ensure independent contractor excluding liability section act provides liability risks willingly accepted visitor application non fit restrict exclude liability notice providing warnings conditions entry section consumer rights act exclude liability death personal injury premises occupied business purposes treated differently samuel williams sons ltd court appeal held exclude liability displaying notice read notice provision act heavily criticised commentators second parties contract entering property section act provides bound contract allow parties property duty care owes visitors restricted excluded contract subject provision contract contrary shall include duty perform obligations contract undertaken protection far obligations obligations involved duty existing common law rules imply exclude liability based contract exclude liability sign visitors property section extends common duty care people entering bringing sending goods property terms contract landlord liability section covers liability visitors injured breach obligation repair maintain property common law landlord liable act changes section provides tenant occupying premises way impose obligation landlord maintain property duty landlord owes tenant extended anybody goods property time time premises occupied sub agreement obligation extends tenant property section repealed section premises act


california california case united_states supreme_court clarified police officers arrests conduct temporary based information provided anonymous tips police california received truck driving rural highway officers spotted truck matching description provided followed truck minutes observe suspicious behavior officers conducted traffic stop discovered pounds marijuana truck trial occupants car argued traffic stop violated fourth amendment united_states_constitution tip unreliable officers personally observe criminal activity writing majority court justice thomas held reliable officers need personally observe criminal activity acting information provided anonymous justice wrote scathing opinion argued tip unreliable majority opinion threatened freedom liberty citizens likewise commentators noted represented departure earlier precedent opinion opened door expansive new police powers commentators noted case leaves open important questions including unanswered question anonymous reports extremely dangerous behavior require fewer reliability police act reports scholars argued highly unlikely actually driving influence drugs alcohol stopped police background fourth amendment guidelines traffic stops criminal usually require probable cause suspect engaged criminal activity officer conduct traffic stop officer reasonable suspicion driver engaging criminal activity officers rely mere level suspicion required conduct traffic stop considerably proof wrongdoing evidence necessary probable cause supreme_court united_states clarified reasonable suspicion required justify traffic stop depends content information possessed police degree reliability taking account circumstances picture fourth amendment searches based anonymous tips illinois gates supreme_court established courts apply circumstances test determine anonymous tip sufficiently reliable provide probable cause issue arrest warrant officers gates personally witness criminal activity supreme_court held anonymous tip question reliable officers verify events predicted anonymous tip seven years gates supreme_court held alabama white anonymous tip sufficiently reliable provide reasonable suspicion justify temporary detention tip accurately predicted key details court conceded white close case tip question exhibited sufficient reliability justify temporary detention court explained informant shown right things probably right facts alleged including claim object tip engaged criminal activity florida supreme_court ruled police officers reasonable suspicion suspect based anonymous tip young black male standing particular bus stop wearing shirt carrying gun court held tip lacked moderate reliability present white essential court decision case anonymous concerning provided information left police means test informant knowledge credibility court declined create exception anonymous tips court noted tip describing bomb threat need bear reliability required anonymous tips supreme_court california later rely bomb exception people wells ruled anonymous tip accurately described vehicle weaving roadway justified traffic stop california court held considerations public safety common sense permit officers conduct traffic stops based anonymous tips confirm officer reasonable suspicion driving traffic accident occur arrest trial august california highway patrol county california received anonymous according reported silver ford license plate number ran highway stated truck seen heading southbound california state route relayed report officers geographic area vehicle soon spotted traveling southbound mile marker near fort california officers pulled vehicle discovered occupants standing cab truck officers noticed distinct smell marijuana coming vehicle officers searched vehicle found large bags containing pounds marijuana box oven bags bed truck august complaint filed county superior court charging transportation marijuana violation section california health safety code possession marijuana sale violation section california health safety code june filed motion suppress evidence claiming traffic stop violated fourth amendment united_states_constitution officers lacked reasonable suspicion criminal activity magistrate presided suppression hearing superior court rejected motion subsequently pleaded guilty transporting marijuana sentenced days prison years probation filed appeal california court appeal court affirmed judgment superior court relying public safety exception established people wells court held ongoing danger motorists justified stop direct vehicle illegal activity court noted vehicle traveling undivided lane road raising risk collision oncoming traffic poses particular risk human life limb court held anonymous tip reliability content tip strongly suggested came victim accurately described appearance location direction vehicle appealed supreme_court california court declined review case appealed supreme_court united_states granted petition october opinion court writing majority court justice thomas held contained sufficient reliability justify traffic stop acknowledged close case justice thomas concluded reliability stronger florida court held bare bones tip unreliable justice thomas began opinion emphasizing supreme_court firmly rejected argument reasonable cause investigative stop based officer personal observation information supplied person identifying model license plate number truck justice thomas argued necessarily claimed eyewitness knowledge alleged dangerous driving basis knowledge supported tip reliability furthermore justice thomas concluded driver claim vehicle ran road necessarily implies informant knows car driven dangerously justice thomas noted calls emergency system particularly reliable calls recorded individuals face prosecution making false reports justice thomas clarified officers need rule possibility innocent conduct making traffic stop based anonymous tip light facts described justice thomas argued reckless driving described bear great resemblance drunk driving dismissed isolated example concluded officers acted reasonably circumstances stopping driver alleged conduct significant indicator drunk driving justice thomas noted drivers behave followed police officers concluded need conduct observation case allowing drunk driver second chance dangerous conduct disastrous consequences opinion justice opinion justice argued majority opinion freedom destroying cocktail recognized anonymous tips reliable rejected majority conclusion anonymous reports traffic violations reliable long correctly identify car location wrote concept sure people secure searches justice argued anonymous tips inherently unreliable anonymous lie admitted calls fact easily justice argued evidence knew identified placed additionally justice distinguished tip case tip white reliability tip established fact predicted target behavior finest detail detail known familiar target business argued general details provided case unreliable world saw car knowledge wanted car stopped provide information likewise justice argued evidence report run road actually true justice criticized majority conclusion tip provided reasonable suspicion driving drunk truck avoid animal pedestrian intentionally forced road personal hostility love war furthermore justice argued instance irregular driving rise reasonable suspicion ongoing threat driver road justice argued anonymous tip claims reckless driving ultimately fact officers followed minutes observed suspicious wrote fundamental premise driving laws driver expected soon evidence episode irregular driving mere vague tip fourth amendment requires left concluding remarks justice wrote driving matter loss freedom come police interference today opinion road drug dealers risk having freedom movement curtailed suspicion based phone tip true false single instance driving subsequent developments federal circuit courts state supreme courts interpreting affirmed rule officers need personally details making arrest based information provided anonymous tip courts interpreting held anonymous tips sufficient provide reasonable suspicion ongoing criminal activity additionally courts jurisdictions held order officers act anonymous tip tip provide report ongoing crime report isolated event occurred past courts rejected assertion availability information makes calls inherently reliable courts agreed notion calls reliable face criminal prosecution making false reports courts interpreting held case established reliability required anonymous tips report crime potential danger analysis commentary immediate reactions court released opinion commentators suggested represented significant expansion police power stop drivers road example remarked court opinion gave police broad new authority review cases term harvard law review suggested add police expansive power case fourth amendment commentators remarked case lower bar assessments anonymous paul attorney said ruling makes easier anonymous sic police people don like spokesperson california attorney general office said pleased court ruling supports hard work law enforcement scholarly analysis scholars observed marked departure earlier precedent subject anonymous tips argued case signifies fourth amendment reasonable suspicion standard analyst argued departure encourage passive sloppy officers tempted rely easily acquired anonymous tips engage collection evidence commentators argued justice kennedy endorsement reliability anonymous calls departure earlier decisions analyzed reliability tips circumstances framework commentators suggest departure increases risk fabricated tips analysts observed court opinion left questions unanswered earlier anonymous tip cases including question exception dangerous crimes court missed opportunity lower courts needed guidance commentator wrote time bomb mentioned commentator argued driving minutes probability legally drunk surely probability average daytime driver truck ostensibly zero


1st case united_states court appeals circuit held private citizen right record video audio public officials public place arrest citizen violation violated fourth amendment rights case arose simon private citizen filmed boston massachusetts police officers making arrest public park officers observed recording arrest arrested subsequently charged disturbing peace aiding escape prisoner sued city boston arresting officers claiming violated constitutional rights unanimous decision united_states court appeals circuit held officers violated constitutional rights officers entitled qualified immunity court ruled right film public officials public places clearly established actions violate state law court ruled right film public officials subject reasonable limitations respect time place manner recording conducted losing appeal boston reached settlement agreed pay damages attorney fees case united_states circuit court appeals explicitly ruled private citizens right film police officers public spaces case drew media attention united_states cited favorably united_states circuit courts appeals reached similar conclusions cases background october walking boston common simon observed arrest boston police officers john peter hall began recording arrest heard hurting stop concerned officers excessive force filmed encounter cell phone feet away interfering arrest officers turned placing suspect said think taken pictures replied recording incident said recording saw punch officer determined included audio placed arrest violating massachusetts law charged disturbing peace aiding escape prisoner taken south boston police station cell phone computer flash drive held evidence commonwealth dropped charge aiding escape prior trial boston municipal court dismissed counts february noting probable cause arrest officers unhappy recorded filed complaint internal affairs section boston police department department failed investigate complaint represented american civil liberties union attorneys david howard filed civil rights lawsuit officers city alleging violations fourth amendment rights officers moved dismissal based qualified immunity united_states district court district massachusetts denied motion noting amendment right publicly record activities police officers public business established officers appeal denial circuit court appeals opinion court unanimous decision written judge circuit court appeals held officers violated constitutional rights court noted principle qualified immunity balanced need hold public officials need shield officials harassment account public duties court applied test facts alleged violation constitutional right second right clearly established time violation court addressed question amendment rights violated noted previously recognized public officials exercise amendment liberties held constitutional right public official public place court noted limited reporters journalists right citizens subject reasonable limitations time place manner circuit concluded current case limitations applied second court looked right clearly established time arrest court trouble concluding state law time alleged violation gave defendant fair warning particular conduct unconstitutional court noted constitution violations self evident right film public officials public place clearly established decade prior arrest court determined fourth amendment rights violated court noted arrest based probable cause argued officers lacked probable cause arrest officers argued allegations complaint established probable cause arrest violating statute court looked massachusetts supreme judicial court determination state law massachusetts court required recording secretly violation camera plain sight recording camera considered secret state law case criminal complaint stated openly record police officers recording secret officers probable cause arrest probable cause fourth amendment rights violated finally court determined absence probable cause constitutional violation clearly established law court held district court denial officers qualified immunity proper decision subsequent developments despite victory court case negative repercussions attorney difficulty obtaining employment prosecutor criminal charges pending criminal defense lawyer losing appeal boston settled lawsuit paying damages legal fees additionally city reversed earlier opinion officers wrong stating officers shown judgement arresting boston police department spokesperson stated officers involved case stood face discipline ranging oral suspension boston police department trains officers arrest people openly recording public similar cases courts appeals scholars identified case united_states circuit court appeals explicitly held citizen rights journalist record public officials public place scholars identified earlier circuit courts upheld right publicly gathering information filming police scholars generally consider case tackle issue police recording era following circuit ruling seventh circuit court appeals granted injunction prohibiting state illinois enforcing law citizens openly recording public officials public places citing seventh circuit stated applying statute circumstances alleged likely unconstitutional addition seventh circuits ninth eleventh circuit court appeals held public amendment right record public officials smith city united_states court appeals eleventh circuit held amendment protects right citizens film police likewise city seattle united_states court appeals ninth circuit held private citizen film police conduct protest amendment protects right film matters public interest circuit kelly borough fourth circuit held constitution protects right film police right clearly established purposes qualified immunity cases factual contexts scholars suggest present potential circuit split cases involve filming police conduct described different circuit courts artificial split merits amendment right violated technical qualified immunity ground district court opinions february judge mark united_states district court eastern district pennsylvania ruled fields city philadelphia observing recording police expressive conduct amendment protected constitution commentators noted opinion breaks consensus federal courts case marked time federal court found recording duty public setting protected amendment eugene stated case inconsistent precedent federal circuit courts following publication court opinion american civil liberties union announced appeal case united_states court appeals circuit commentary analysis case drew national media attention prompting editorials los_angeles_times new_york_times case drawn notice legal community articles american bar association journal conspiracy addition united_states department justice cited case extensively letter baltimore police department expressing concerns policies dealing officer interactions citizen photographers commentary law journals discussed lasting impact case article case western reserve law review gregory wrote court ruling seemingly laid nearly right party public places article northern illinois university law review wrote hold sway respective jurisdictions likely right record public police activity treated universal matt writing harvard civil rights civil liberties law review observed case play significant role emerging consensus citizens constitutional interest monitoring activities police officers likewise article law review travis noted court ruling emphasized filming found fall bounds constitutional analysts questioned circuit ruling fact widespread impact future example article harvard law review noted circuit ruling evidence court willingness protect vital amendment right body cameras civilians feel longer need record officers field writing florida law review criticized circuit providing guidance determining situations constitute public space citizen right film government officials amendment absent guidance citizens choose record law enforcement officials risk inviting fourth amendment violation confirmed additionally article louis university law journal argued right film police absolute individual amendment right openly record police conduct public park established amendment right openly record officers discharge duties traffic stop filming police traffic stop interfere ability work effectively


statute uses statute uses act parliament england restricted application uses english property law statute originally conceived henry_viii england way financial problems law uses moved land outside royal tax revenue traditionally gathered initial efforts remove uses completely parliament members house_of_commons landowners lose money lawyers benefited fees confusing law uses academics disagree brought eventual set bills introduced passed lords eventual bills uses impose active duty trustees use held legal owners land meaning pay tax statute partially led pilgrimage grace importantly development academics disagree effectiveness agree important writing effect provisions development english land law revolutionary allowing uses certain areas failed remove fraudulent element land law actively encouraged background common law england provide way dispose land held feudal tenure urban land instead uses applied allowed landowner land dispose treat original landowner provided viewed distrust possibility abuse edward wrote uses fear fraud fear times troubles civil wars save fraud defeat debts actions etc confusion title land following lord death evidenced case sir john lasted problem needed actual motivation statute instead bolster finances henry_viii years prior statute henry struggling need raise revenue royal lands provide loans destroyed personal popularity result simply increasing size royal lands best option turned attention land law arguably developed complex parts common law sought reform aims aimed uses destroying income royal revenue traditionally gathered uses completely ignored bills drawn submitted parliament took note uses false evidence radical drastic act bill removed uses completely registered court king bench court common pleas abolished manner possessions state fee simple day forward barons allowed addition allowed buy land king license measures obtain support nobility second bill gave king land held noble orphan came age asked return lands king year revenue lands plan acceptable barons senior nobles required passing house_of_commons large landowners felt prohibited making secure lawyers saw stripping valuable business away cases groups making majority parliament plans came parliament saw attempt henry push bill met resistance support nobility valuable useless henry instead sought appeal opposition groups picked lawyers lawyers admitted uses fraud easy open addition lawyers common law jealous court jurisdiction sought strip away result henry decided bring frightening listening petition court procedure lawyers fees openly putting clause draft bills fix charge argues reason lawyers chose ally henry reason statute passage john arguing lawyers landowners lost personally reduction fees produced second convinced unlikely lawyers majority pushed bill passage text statute draft bills presented parliament concerning uses concerning bills statute uses succeeding statute came bills uses suggested different ways deal problem proposed severely limiting situation uses arise uses having legal effect apart expressed created contract bargain land change use land suffered breach contract limited courts scheme prevented uses submitted property law common law limited beneficial developments stop practice getting rid land alleviate king financial concerns second complex suggestion contained bills uses simply removed idea interest land leaving idea legal interest left uses maintaining elastic variable nature property law submitting rigid standards common law parliament eventually accepted second idea bill passed april statute uses uses invalid imposed active duty trustee use held legal owners paying tax result statute uses provided widow possible statute impact aftermath immediately statute partially led pilgrimage grace rebels demanded end henry religious changes abandonment statute importantly statute led development trust replacement statute believed led abolition certainly king intent robert argues failed use person persons estate estates shall appoint produced use formally creating legal estate land held lease result unaffected statute uses banned methods argues intact gave power common law equity precise aims statute law property open reversed impact far easier convey property secretly academic assessment statute initially saying added words understood important lawyers time modern era decades later francis bacon edward gave readings william called important addition legislature private law writing importance statute uses doubt effect provisions english land law development revolutionary grown crucial doctrines trust repeal act declared section schedule law property amendment act repealed law property act act repealed section schedule law property act repeal statutes uses affect operation thereof regard dealings taking effect law property act external links statute uses enacted ontario


universal city studios nintendo ltd universal city studios nintendo case heard united_states district court southern district new_york judge robert sweet complaint universal_studios alleged nintendo video game trademark infringement king plot characters universal claimed nintendo argued universal proved king plot characters public domain universal city studios general inc sweet ruled universal acted bad faith threatening nintendo right king characters story held possibility consumers confuse nintendo game characters king films characters universal appealed case verdict upheld case victory nintendo newcomer market case established nintendo major player industry arguably gave company confidence compete giants american media case selected number gamespy list moments gaming background president universal city studios seasoned attorney trying find way company video game market april learned success nintendo video game sent robert vice president legislative matters investigate analysis storyline based king infringement universal rights film characters scenario learned licensing agreement nintendo producer home video game consoles scheduled meeting president arnold april ostensibly discuss possible investment instead universal copyright infringement threatened sue shipped planned day universal nintendo giving hours cease marketing dispose inventory hand records profits game agreed pay universal royalties net sale price amounting million units worth million week later signed agreement stated universal sue long paid royalties learned tiger electronics licensed king handheld game decided universal earnings low license granting exclusive rights tiger agreement sent tiger demanding send game approval universal reviewed decided king similar revoked tiger license tiger president refused challenged universal claim owned king nintendo attorney future board member howard lincoln inclined settle million eventually decided fight head company division sign nintendo big lincoln met universal los_angeles reiterated stance universal rights king lincoln countered nintendo discovered uses king characters universal trademark years old private tried persuade nintendo sign licensing agreement told end meeting agreed send chain title nintendo universal ownership king failed weeks lincoln universal responded demands royalties lincoln researched merits universal claims king deemed nintendo called meeting set believing nintendo finally nintendo expect future business universal agreed settle matter lincoln repeated nintendo position universal legal basis threats recalled later decided simply tell come tell face pay thought liable prepared pay hadn wrong wanted essentially look face tell honorable thing turned maybe led believe come reach sort monetary settlement funny expecting reaction shock knowing court battle lay ahead contacted tiger compromise handheld king game wanted remove provision license distinguish handheld game weaken potential universal violated nintendo intellectual property rights complied giving hero hat replacing barrel graphics bombs making game platforms straight instead design approved early june district court june universal officially sued nintendo company announced agreed license rights king january universal sent cease letters nintendo offering options stop characters obtain license universal sued bradley refused offer use characters breakfast turned refused settle lincoln hired john represent nintendo court won big cases likes general foods warner researched game development taking designer nintendo president japan claimed fact called character king generic term japan large universal city studios nintendo heard united_states district court southern district new_york judge robert sweet trial lasted seven days universal represented new_york firm argued confused king plot game infringement film showed key differences king alleged universal rights king characters fact successfully sued pictures universal city studios general inc proved plot king public domain opened way remake judge sweet ruled universal company litigation universal knew result litigation rights visual image king classic movie remake nonetheless universal beneficial sweeping rights attempting extract license agreements companies incapable unwilling confront universal profit center ruled universal king king universal property possibility confuse king unlikely opinion comical character king character hand ferocious quest beautiful woman sweet declared best parody king furthermore sweet said cease letters universal sent nintendo gave game company right seek damages finally sweet ruled tiger king infringement particular expression villain carpenter hero fire hat dodge obstacles bombs climbing complete broken picking prizes rescue fair haired hostage universal nintendo given option universal licensing profits game accept statutory damages nintendo opted receiving nintendo received damages attorney fees appeal universal appealed verdict united_states court appeals second circuit nintendo universal argued appeals case evidence consumer confusion universal presented results telephone survey managers owners arcades bowling pizza restaurants owned leased machines question best knowledge game approval authority people produce king movies surveyed answered question far know makes named universal universal argued evidence consumers confused distinction names provided examples print media cases confusion king october issue illustrated example shown read presentation continues look fondness women prominent king common video villain example winner book video games states video version film classic king decision october court upheld previous verdict declared properties common captive woman male building scenario court ruled king names widely general public associated objects enormous proportions universal survey court found universal image king climbing empire state building world trade center opinions people games survey failed establish confusion potential customers finally survey asked obvious leading question suggested answer universal printed examples court found statements cited universal recognize theme loosely evokes king films statements remotely suggests authors impression connected company holding king trademark court agreed consumers confused marks fact confused consumers create sufficiently disputed issue fact likelihood confusion summary judgment improper second appeal nintendo filed sweet ruled universal pay nintendo million legal fees expenses costs incurred creating charts lost revenues ruled nintendo claims damages universal establishing licenses nintendo cases continued pay nintendo nintendo filed universal paid buying stock company universal nintendo appealed suit case argued june decision rendered july court upheld previous ruled universal knew trademark rights king proceeded broadly assert rights amounted reckless disregard nintendo rights second universal stop asserted rights nintendo embarked deliberate systematic campaign nintendo party stop marketing products pay universal royalties finally universal conduct amounted abuse judicial process sense caused longer harm public depending commercial results universal alternatively argued courts king public domain second king public domain universal possessed exclusive trademark rights universal court based good faith belief truth mistaken belief use courts turn profit nintendo thanked john christened exclusive worldwide rights use character nintendo series video games named john honor services case rumored copy game eventually sent john

Universal City Studios, Inc. v. Nintendo Co., Ltd.


booth booth fraud case england generated significant publicity defendant frederick booth member parliament german born businessman ran factories tools manufacturing munitions world war effort find money expand business contacted businessman member parliament named frederick booth agreed provide necessary money stealing money booth tricked handing company interned war time regulations prevent story coming successfully appealed soon freed brought booth court case popular involved found physically difficult court day size crowds gathered outside sides noted skill case went entirely way jury taking minutes find booth guilty noted cases patrick hastings victory led applying king counsel background john german born businessman originally named come england work engineering company company turned business bankrupt company successful manufacturer machine tools outbreak world war companies produce machine tools munitions major player large market attempted raise expand business independent advice contacted frederick booth noted liberal member parliament chairman yorkshire iron coal company led government inquiry scandal contacted booth booth told company man england claiming david lloyd george time minister munitions important government officials close friends borrowed brother law booth immediately invested company sinking created wave anti german sentiment worried find difficult find government work thick german accent contacted booth claimed friends david lloyd george secretary christopher said booth board directors ministry munitions like immediately booth chairman company months took expenses claimed money work secret payment value contract known birmingham contract contract worth booth wrote memo saying refused booth threw note basket point onwards booth worked hard undermine position appearing friend months series complaints came ministry munitions work german origins ending written statement david lloyd george private secretary undesirable person recent german association present time connected important capacity company firm engaged production munitions war booth showed told way save company prevent interned transfer ownership company booth booth immediately came true colours treating contempt refusing help support wife family income eventually booth wrote ministry munitions saying taken leave senses ministry interned appealed order called court consisting justice younger justice reviewing facts case stories booth judges ordered immediate release recommended seek legal advice regain control company released found solicitor gave case patrick hastings trial hastings felt best chances lay interviewing christopher contact booth government minister relied tell truth case booth opened king bench division high_court justice justice patrick hastings represented booth represented swift douglas trial attracted public interest final day found physically difficult crowds surrounding law courts counsel prosecution hastings speak opening speech jury criticised booth loving money country saying things english fair play matter loudly defendant raises cry patriotism feel sure sense fair play gentlemen ensure verdict defendant unfit sit house_of_commons guilty fraud hastings called witness stand asked tell jury happened described booth claimed influence david lloyd george cross examined swift booth called witness stand initially claimed claimed powerful man case power help booth way witness box court day ended morning announced christopher come court judge allowed testimony continued booth cross examination hastings stated advising booth way chance escape hand shares booth lie final witness booth booth stated asked percent commission birmingham contract claimed influence government ministers hastings showed jury statements lies showing piece paper booth birmingham contract memo showing telegram booth booth claimed spoken cabinet minister high official justice unfavourable booth pointed german prejudice jury asked sure permit prejudice hand balance scales justice jury decided case minutes finding booth guilty awarding


arbitration act arbitration act act parliament united_kingdom reformed arbitration law england wales prior arbitration law based arbitration act allowed use case stated procedure methods judicial intervention marked english arbitration law significantly different jurisdictions prior law significantly increased cost time required arbitration england unpopular jurisdiction conduct negotiations result london maintained traditional position centre arbitration insurance admiralty trading failed attract modern forms trade following pressure industry groups lord chancellor introduced arbitration bill parliament having passed hours dissolution james government given royal april commenced working august act completely abolished case stated procedure forms judicial interference replacing limited system appeal high_court justice court appeal england wales allowed exclusion agreements limiting rights parties arbitration appeal courts gave ability enforce orders academics met act mixed response praised bringing english law line nations criticised wording complex act eyes commentators lead shift judicial policy away legal certainty system focused speed having repealed entirety section arbitration act act longer force background previous law london historically centre trade arbitration peter writing journal maritime law commerce divides categories transaction english trading bodies baltic exchange specify conflicts settled arbitration london goods traded relation united_kingdom london centre arbitration maritime issues insurance failed significantly attract modern forms trade major communications developments high technology projects nature arbitration law contracts normally involve large amounts money administered international chamber commerce rarely sent arbitration cases london individual nature english law subject nations apply principle composition case decided broad sweeping principles equity judicial oversight application national commercial law england case arbitration act section allowed courts correct decision incorrect statement law immediately obvious response english simply stopped giving reasons decisions second form judicial oversight found section application case stated procedure allowed judicial review decision high_court justice regularly applied 1970s freeze interest rates delayed case attractive delay conversely london far attractive venue creditors act english law provide ways avoid case stated procedure prohibiting parties agreeing advance use statement england king writ run court appeal england wales gave decision interpreted saying courts consider case stated great dispute point general importance involved answer reasonably clear lord statement case described death autonomy led automatically asking judicial supervision fear found committed misconduct obvious reasons companies parties case submit issues arbitration expect private quick cheap fixed results traditional english emphasis judicial oversight meant case stated procedure london highly unpopular venue arbitration development act 1960s increase abuse case stated procedure united_kingdom estimated losing million year movement arbitration business countries response lord chancellor convened commercial court users conference tasked reviewing system conclusion status quo remain increased use case stated procedure calls reform came june london arbitration group formed taking government aware damage current law causing reaction continued pressure lord chancellor established commercial court committee look issue report june recommended changing system appeal allowed high_court permitted parties arbitration agreed necessary intended ensure new act parliament fulfilled roles firstly decreasing use case stated procedure secondly encouraging reasons decisions report endorsed government published following month announced queen speech arbitration bill introduced house_of_lords lord chancellor late given second reading december passing committee stage reading february sent house_of_commons james government collapsed following motion confidence final drama arbitration bill quickly house_of_commons passed hours took buckingham palace ask dissolution royal granted april arbitration act came force august act act compromise opposing approaches arbitration courts kept arbitration altogether prevent abuses rules natural justice courts retain substantial measure control ensure awards apply law section primary reforms found section act section section act case stated procedure arbitration matters states courts set aside decision based error law fact obvious effectively section instead sections provide appeal question law arising award arbitration agreement high_court agrees appeal valid parties arbitration request bermuda ltd international court appeal asked explain guidelines applied high_court judge deciding grant appeal high_court refused leave appeal point raised mentioned arbitration rest court agreement explained judge weight thinks fit failure argue point particular regard new point similar points argued variant points different way putting hand totally new different point conditions leave appeal laid section conditions attach appeal parties consent permission high_court sought judge grant leave considers question law concerned substantially affect rights parties arbitration agreement sections high_court ask additional reasons reached decision parties gave notice reasons required special reason notice given universal petroleum und transport court appeal interpreted meaning sections dispute came highly detailed schedule reasons ordered high_court judge felt ambiguous element reasons given judges found section required judges order reasons deal points law arising award material ambiguity irrelevant purpose exercise jurisdiction section act high_court refuses hear appeal case proceed similarly exception high_court heard case decision reviewed court appeal exception laid section provides leave appeal valid high_court court appeal high_court confirms case concerns point law merits consideration national westminster bank arthur young court appeal confirmed high_court decided allow appeal court appeal intervene request sections section act contained secondary method appeal high_court case procedure parties pending arbitration ask high_court quickly decision point law provision maintained act despite efforts legislators remove section provides party apply high_court consent parties high_court explain point law given reference condition point law meets requirements laid section determination application produce substantial savings costs parties decision decided agreements excluding judicial supervision invalid partially overruled sections section provides agreement drafted high_court longer automatic right request additional reasons grant leave appeal decision exclusion clauses specific general nature section states framed relate particular award awards particular reference description awards arising reference section provides exception covers domestic arbitration agreements defined agreements leave appeal valid jurisdiction outside united_kingdom parties businesses individuals legally based situation exclusion clause valid agreed start arbitration second exception found section contract arbitration based admiralty jurisdiction trading insurance agreement valid entered start arbitration law applicable contract england wales situation high_court asked decision point law exclusion clause removed parties agree prior act allowed orders parties failed follow requests effective enforcement mechanism section act allows high_court intervene party fails comply high_court application party order continue party immediately issue award considering missing submission failure appear section act required hearing case immediately appoint umpire caused unnecessary delay expenditure section instead provides choose appoint umpire point fundamentally disagree assessment david gordon concluded act brought judicial oversight english law compliance nations saying broadly comparable provisions found swedish swiss french law argued little help attract new arbitration fact drive away saying statutory language combined policy considerations act confusion litigation likely david helped promote act says drafted arbitration act style parliamentary time provisions drafted complexity happily avoided act failure achieve minor reform existing law note act led shift judicial policy future issued regards need legal accuracy said overtaken commercial agrees writing journal arbitration clear passage act distinct noticeable shift emphasis legal certainty awards act longer force having repealed entirety section arbitration act


health morals act health morals act iii known factory act act parliament united_kingdom designed improve conditions working cotton mills act introduced sir robert concerned issue outbreak fever cotton mills later blamed gross subordinates act required cotton mills factories properly basic requirements met premises given basic education attend religious service month provided clothing working hours limited hours day excluding meal breaks work night act effectively enforced address working conditions free children children working mills rapidly came heavily regulating way masters treated recognised responsibility parliament act non contentious coming employer employee specify terms man sell labour child highly contentious act limit hours work set minimum age free children working cotton mills piloted parliament son robert future prime minister strictly speaking cotton mills factories act ineffective want means proper enforcement paved way subsequent factory acts regulate industry set effective means regulation act recognised legislation child labour cotton mills factory acts addressed background early industrial revolution united_kingdom cotton mills water powered sprang water power available case ready source labour neighbourhood workforce imported cheap source labour parish children parish supposed trained trade occupation reach agreement distant parishes employ house feed working cotton mills vulnerable bad masters industrial accidents ill health work ill health ill health diseases smallpox widespread enclosed conditions reduce frequency thread cotton mills usually warm draught free possible close contact mills factories allowed diseases smallpox spread rapidly like cholera reach europe napoleonic wars spread poor working conditions poor mills settlements round poor water powered cotton mill built robert river near mill employed child labour bought birmingham london children unpaid bound apprentice boarded upper floor building locked shifts typically hours length hours allowing meal breaks hot child finished shift sleep bed vacated child starting shift admitted conditions mill bad brought attention outbreak low fever nature prevailed months cotton mills poor township doctors manchester led thomas commissioned investigate cause fever recommend prevent spread identify cause recommendations largely driven contemporary view spread removing improving ventilation windows doors left open night lunch break mill running windows possible left open natural ventilation poor opening lights mill windows height high currently heating chimneys built work room turf fires lit better ventilation combat strong penetrating smoke rooms swept daily floors washed lime water week walls ceilings times year apartments weekly tobacco washed daily ensure smell work rooms oil machinery replaced oil prevent preserve health employees involved keeping factory clean children occasionally clothes infected fever washed cold water hot left worn died fever wrapped promptly cloth vicinity advised smoke tobacco avoid infection recommendation expressed wider concern welfare mill children recommend longer labour noon early evening work cotton mills essential present health future capacity labour age fourteen active childhood youth necessary growth right human body excuse present occasion suggesting guardians public important consideration rising generation opportunities instruction season life properly improved result report decided allow parish cotton mills worked night hours day conditions mill improved john description country thirty miles round manchester said mills peculiar people employed partly humane regulations practice partly air climate introduces bill medical men manchester playing leading formed manchester board health promptly investigated employment children manchester factories taking evidence board concluded appears children work large cotton factories disposed affected fever infection received rapidly propagated crowded apartments families belong large factories generally constitution employed particular diseases prevail close confinement effects hot air want active exercises nature points essential childhood youth system fit species duties labour night protracted labour day respect children tends diminish future expectations general sum life industry strength destroying vital stamina rising generation gives encouragement parents contrary order nature oppression offspring appears children employed factories generally opportunities education moral religious instruction excellent regulations cotton factories appears considerable degree experience assured shall support liberal factories proposing application parliamentary aid methods appear likely effect purpose establish general system laws wise humane equal government works presumably liberal excellent regulations assured support introduced bill said convinced existence gross factories having time set order getting act parliament passed given dealings manchester board health truth introduced factory bill explanation consequent select committee need legislation included account origins act house concern gave employment time near thousand children description having pursuits power visit factories visits struck uniform appearance bad health cases growth children hours labour regulated interest depending quantity work induced poor children work excessive hours stop complaints bribes finding factories management learning like practices prevailed parts kingdom similar machinery use children worked little regard paid ventilation buildings having assistance eminent medical gentlemen manchester distinguished characters parliament brought bill 42nd year king regulation parish hours work allowed bill fewer number practised visible improvement health general appearance children soon evident complete operation act diseases rarely occurred act met little opposition parliament discussion extended workers amendment dismissed act served ensure education improve conditions factories provisions act regulations rules came force december applied mills factories employing total workforce stated mills factories cleaned twice yearly water included ceilings walls requirement buildings sufficient windows openings ventilation apprentice given sets clothing suitable hats shoes new set year working hours limited hours day excluding time taken breaks longer permitted work night grace period provided allow factories time adjust night time working discontinued june educated reading writing years act specified working day usual working hours state time set aside educational classes held mill factory designed purpose sunday hour taught christian religion sunday divine service held factory month visit church prepared confirmation church_of_england ages examined clergyman year male female sleep separately bed local appoint known visitors ensure factories mills act clergyman justice peace connection mill factory visitors power impose fines non compliance authority visit time day inspect premises act displayed places factory owners refused comply act fined effect act act required appoint visitors empowered inspect mills report findings require exercise powers consequently local particularly interested issue act poorly enforced factories inspected visitors comparison paid factory set act furthermore act applied free children fathers right dispose children labour terms chose unaffected act improvements generation motion steam engines steam powered cotton mills practical proposition operating manchester free children drawn local population great advantage parish tied mill matter remote mill avail water power mill longer remote problem mill tied housed clothed fed mill sell produced competition free children wages fall mill went short time reflect cost housing clothing feeding incurred working discharged sick injured incapable work consequently use free children came act largely dead letter limited scope factory children introduced bill introduce hour day children working cotton mills lords committee heard evidence magistrate investigated local cotton mills employed total children mills employed total total children found larger mills somewhat better conditions worked hour day grant brothers mill worked hour day establishment perfect ventilation fact children healthy happy clean clothed proper daily attention paid instruction regularly attend divine worship sundays mills children worked hours day bad conditions roberts mill ventilation children ragged half clothed seemingly half fed instruction sort human beings act largely ineffective seen piece health safety legislation leading way subsequent regulations covering industrial requirement factory walls continued legal requirement factories act opinions differ deeper significance act scholars linked act away capitalism marking point state began recognise responsibility poor children address conditions living seen subsequent legislation health towns heart old poor law directed children trade accurately statute set systems regulating parliamentary debates bill interpretation successfully urged attempt widen

Health and Morals of Apprentices Act 1802


secret english law english law secret class trust defined arrangement trustee come force death aims benefit person having written formal property given trustee expected pass real valid person seeking enforce trust prove intended form trust intention communicated trustee trustee accepted office types secret trust fully secret half secret fully secret trust mention whatsoever case half secret trust face names trustee trustee trust terms including important difference lies communication trust terms half secret trust communicated trustee execution case fully secret trust terms communicated execution long death secret comply requirements witnessing laid act despite courts chosen uphold valid given generally based preventing fraud secret outside operation act considered traditional approach courts recognise secret trustee given property able committing fraud fraud theory maxim equity allow statute fraud modern view secret exist outside altogether comply accepting theory undermine operation act act designed cover avoid problem approach secret trust inter living creates problems attempts conclude half secret rest different basis fully secret disapproved house_of_lords primarily practical grounds debate importance classifying trust express matter considerable debate view traditional theory correct secret created courts modern view correct exist court permission express secret trust obey separate law property act concerns land solution problem consider commentators believe half secret fall different category fully secret regard definition secret trust arrangement trustee benefit person having specify person trustee transferred property terms holds trust courts recognise forms secret trust fully secret referred face instead agreement trustees trustee instead named case half secret trust fact holds trustee declared face terms trust hudson professor equity law queen mary university london suggests potential class secret trust dying person encouraged property passes agreement effect wishes secret trust case obliged hold property trust dying person wishes secret trust contrasted merely placing moral obligation deal legacy particular way impose binding obligation discretion act terms justification secret trust proved difficult reconcile section act provides valid writing signed person presence direction appears intended signature effect signature acknowledged presence witnesses present time witness signs acknowledges signature presence necessarily presence witnesses invalid equity willing accept validity common law prevent trustee committing fraud keeping property acceptance debated practical terms reasons admitting language fraud justify fully secret trust half secret trust sub optimal considered principal reason court established types secret trust shared single justification half secret trust appears closer fulfilling requirements laid act conclusion likely enforced contradictory rule encourage fully secret wider possibility fraud spark considerable litigation particular clause resulted fully secret half secret trust argued despite difficulties half secret trust enforced fully secret fraud theory secret trust originally conceived prevent fraud enabled statute common law line maxim equity allow statute fraud fraud referred denial existence trust intended trustee allowing apply purposes lord justified secret saying court early period decided act parliament shall instrument fraud equity individual gets title act impose personal obligation applies act instrument fraud way court equity dealt statute manner deals statute grounds rule based narrower ground trustee denying existence trust conduct time undertaking identified lord wider ground extends attempting promise lifetime intention time making promise fulfill wishes wider ground appears adopted court appeal argued acceptance narrower view impose person seeking establish secret trust heavy showing point time secret trustee decided promise validity secret trust dependent fact irrelevant consideration allowing trustee retain property heart fraud clear courts considered appropriate remedy recognise trust behalf resulting trust favour estate argued dead resulting trust fatal claims position attempt having admitted external evidence establish trust exists claim requirement weakened enforcing trust strong resulting trust result party intended enforcement secret trust response perceived fraud opens door form trustee funnels trust wrong considered significant countered higher burden establishing identity secret problems apparent considering fraud theory context half secret mentions trust impossible trustee deny existence trust intended trustee benefit personally possibility fraud meaning small appears create alternative route trustee bring false oral testimony favour party intended party benefit law uphold half secret secondly half secret trust ought fail uncertainty trust terms resulting trust favour enforcement displace resulting trust fraud theory insufficient potential fraud conduct trustee warrant deceased intended disposition remains constituted intended claim weaker whilst response suggest resulting trust enforcement secret trust appropriate remedy question courts subsequent cases typically defined automatic resulting trust case operating matter law question courts hudson argued fraud argument significantly flawed theory suggests liability property comes fraud fact liability comes soon trustee accepts property hold trust fraud theory necessary trustee hands based fraud theory secret classified reason follow act created courts outside theory modern argument secret independent operate outside mean trust nature falls ordinary jurisdiction court trust created donor trustee donor life simply constituted death follow act created view expressed said basis secret operate outside changing written allowing operate according tenor trust property hands recipient suggests secret express suggested theory based misunderstanding operation act particular whilst term commonly refer specific document act designed cover documents effect death requirements act created need single document like commonly referred refer arrangement outside act single document commonly referred incorrect response view secret trust disposition inter living nature unlikely consider trust having come existence time execution disposition inter question courts types inter trust incapable binding acquired property operating automatically property received separate declaration trust required case property acquired execution form secret trust looking definition disposition applied sorts cases inconclusive classification secret express unclear equity includes section express better classified law property act requires declaration trust land interest manifested proved writing signed person able declare trust removed operation section section cases norman concerned secret land case requirements met judgment considered apply support theory secret express trust requirements separate application maxim equity allow statute fraud fraud trustee deny existence secret trust time statute concerned law property act line reasoning dependent case authors place fully secret half secret different categories including hudson argued outside theory true basis secret trust mention existence trust face affect nature hudson opinion fully secret exist prevent fraud half secret mention makes fraud unlikely instead express house_of_lords considered half secret trust basis fully secret trust fully secret fully secret awkward lack evidence pertaining existence terms norman set test proving existence fully secret trust convenient person trust imposed primary trust secondary essential elements proved exist intention subject primary obligation favour secondary communication intention primary iii acceptance obligation primary elements succeed donor fully secret trust valid proved intention communicated trustee trustee accepted obligations intention applies fully secret way express second requirement secret trust terms communicated trustee writing long prior death secret trust void exactly communicated depends nature property trust multiple example need communicated came conclusion communication requires allowing trustee chance refuse office death lastly office trustee accepted trustee ways laid wood said person knowing making disposition favour intends applied purposes benefit promises silence implies carry intention effect property left faith promise understanding effect case trust acceptance communicated ways trustee directly stating acceptance implying declining secret trust established hold outright secret trust shown terms communication post dated death trustee hold resulting trust estate half secret half secret trust fact holds trustee declared face terms trust mere hope believe read trustee passive party trust act accordance terms requirements half secret trust valid similar fully secret laid gave trustees pieces property instructing hold property asked prior death trustees told property lord said necessary elements create half secret trust question turns intention communication intends absolute gift employed desires tells proposed intention express promise promise satisfied proposed encourages money faith intention carried important distinction half secret fully secret concerns communication terms trust communication execution contrast fully secret long death said reserve power making future merely naming trustee leaving purposes trust supplied passage given traditional interpretation cases keen cornerstone known prior acceptance rule interpretation confirmed law cases argued professor john instead merely general principle acceptance trustee half secret fully secret trust place lifetime law ireland prior acceptance rule exists law acceptance half secret fully secret acceptance half secret trust similar fully secret communicated directly failure half secret trust trust shown communication execution practice variety practical rules use span fully secret half secret terms trust trust property inform intended trustee cooper trustee permitted newly added property trustees owners property informing trust terms amendments complicated hold property tenants common tenants informed trust bound follow hold property joint tenants bound trust tenant accepts execution hold property joint tenants accept execution accepted bound area called result emergence outside theory seen respect witnesses section act states person execution wife husband beneficial legacy shall given legacy shall far concerns person execution wife husband person person claiming person wife husband utterly void young witness secret trust court decided act secret trust valid effect act allow trustee half secret trust apply fully secret trust secret trust personal representative inherit instead gift directly formed estate death result separate secret trust rule apply trustee secret trust death position secret trust unclear case half secret trust trust ought good basis equity allow trust fail want trustee fully secret trust indicated lord trust fail defeat purpose legacy entertain doubt court having admitted evidence trust interfere prevent defeat argued arrangement result personal obligation fails renounced trustee issues exist secret definition secret difficult prove court evidence rule states written evidence oral testimony introduced court evidence secret oral normally exist outside written document causes problems keen issue came court appeal decided evidence rule extended secret enforced contradicted written documents generally problem proving intended create trust standard high person trying enforce trust clearly distinctly exists


brown hotel restaurant employees brown hotel restaurant employees ruling united_states supreme_court held new_jersey state gaming law requiring union leaders good moral character national labor relations act background new_jersey amended state constitution permit casino gambling atlantic city june governor signed casino control act ann section law act established new_jersey casino control commission instituted comprehensive regulation casino gambling including regulation labor unions representing gaming industry employees attempt organized crime influence labor unions sections act imposed certain qualifications officials labor organizations representing casino industry workers qualifications official good moral character convicted certain associated organized crime labor union leaders meet criteria union prohibited collecting receiving members pension welfare funds hotel employees restaurant employees union local represented workers employed atlantic city casino workers organized gambling state casino control commission found frank president local frank local manager associated organized crime commission ruled union business agent ineligible union officer agent previously convicted commission found union officers refused cooperate casino control commission investigators held stock resorts international inc owned local represented workers actions state regulations commission feared local influenced little reputed leader organized crime family based philadelphia national state officials fearing new_jersey law open door extensive new state regulation labor unions asked local test new_jersey law court regulatory appeal casino control commission unanimously rejected union contention law unconstitutional local filed suit federal district court seeking permanent injunction prohibiting enforcement act trial union argued law members constitutional right freedom association federal labor law state countered regulation infringement freedom association keeping criminal elements gaming industry compelling governmental interest march united_states district court district new_jersey held new_jersey statute vague union members amendment rights union appealed appeal pending casino control commission ordered vacate union positions commission demanded men relinquish union offices october local permitted collect administer pension plan june judge panel united_states court appeals circuit ruled district court court granted union injunction finding section act section court appeals relied heavily supreme_court decision hill florida watson concluded section conferred right employees choose officials representatives state sought entire court appeals refused case vote state appealed supreme_court granted decision justice day connor delivered opinion court chief justice justices harry william joined justice white joined justices lewis john paul stevens justices william marshall participate hearing decision case majority opinion justice connor concluded section contain explicit pre language indicate congressional intent state role labor management relations consideration federal system rational allocation functions easy congress intended states ability retain jurisdiction matters connor rejected court reading hill florida watson subsequent hill connor noted congress enacted labor management reporting disclosure act griffin act section griffin act explicitly barred office year period union officers convicted number crimes section connor concluded congress indicated right employees select officers representatives absolute citing opinion connor noted court previously held griffin act role state legislation regulating union officials connor addressed new_jersey statute enforcement mechanism connor recognized continuing controlling nature hill regard acknowledged questions assessed independently terms potential conflict federal enactment connor concluded record incomplete issue issue court order proceedings opinion justice white writing dissent argued section section new_jersey act rendered act federal law section merely imposed qualifications union officials white concluded law act went far imposed sweeping penalties union dissent proved critical clear portion statute court refuses decide prohibition fund administration provisions valid section impose restrictions unions officials disqualified criteria set forth terms provide mechanism union officer appears court holds state free certain individuals acting union officials long impose sanctions union clear enables state white noted section granted employees absolute right choose collective representatives choosing right absolute right determine serve officers organization current case white noted workers chosen organization individual collective agent white agreed majority state impose qualifications officers local language section court ruling hill permitted state impose sanctions officers union interfering relatively right union carry duties collective agent matter federal law allowing state restrict union conduct employees right bargain collectively representative choosing prevents representative functioning collective agent union sustain financially obviously effectively engage collective activities behalf members record white noted clear showing local able function casino control commission sanctions imposed white overturned statute grounds section willing hold matter law statute like prohibits union collecting members union ability represent members extent right bargain representative choice consequences ruling resigned shortly supreme_court ruling local immediately year consultant casino control commission declared gaming commission declined impose statutory sanctions instead sought court injunction forcing resign november new_jersey state superior court ruled gaming commission right force resignation initially fought court order eventually resigned concluding continuing legal battle operation union resigned later hired union business agents handle non casino related matters years ruling brown hotel restaurant employees union academic study concluded casino control act marginally successful preventing eliminating organized crime influence new_jersey casino unions study noted law initial enforcement action union officials merely elected officers state gaming commission attempted use statutory sanctions union relied instead threat remove officials suspected links organized crime


nation indians nation indians litigation title united_states tribal supreme_court united_states nation georgia litigation indigenous companion case new_york new_york courts held purchase violate act provisions prohibits purchases indian lands approval federal government nation new_york barred state statute limitations challenging transfer title supreme_court declined review merits lower court ruling adequate independent state grounds doctrine according important case revived concept states special powers deal indian tribes borders case formally overruled supreme_court decisions 1970s 1980s effect ruling federal subject matter jurisdiction federal common law cause action recovering possession based common law doctrine title new_york courts interpretation act longer good law modern federal courts hold congress title clear statement background land question nation traditional territory centuries american revolution comprised purchase tract land disputed war claims new_york massachusetts december interstate compact states agreed massachusetts retain rights pre rights new_york retain governmental rights adoption united_states_constitution federal government ratified compact private individuals robert thomas benjamin rogers obtained rights massachusetts executed treaty august purchasing acres massachusetts approved united_states senate consulted ratified treaty required treaties native american nations money deposited ontario bank new_york paid united_states treasury began interest nation dispute nation brought lawsuit new_york legislature granted nation right bring suits courts law equity filed petition bureau indian affairs january requesting restoration possession certain lands related purchase petition ignored hired lawyer james clark strong represent prominent lawyer civic minded resident buffalo strong lieutenant colonel union_army general war permanent wounds american_civil_war law practice brother john strong represented claim new_york state procedural history new_york trial court brought suit circuit court county new_york october requested harrison acres land town new_york purchased land company known mile strip lands indian reservation established new_york treaty big tree contended purchase invalid treaty approved senate required constitution violated act answer consisted general denial plea statute limitations years legal right title capacity authority maintain action new_york intermediate court general term fifth department new_york supreme_court heard intermediate appeal bradley writing dwight affirmed court considered indians properly surrendered land consideration paid question court noted view known habits indians supposed represent occupation possession improvements great portions lands case abandonment surrender practically characterized circumstances recognition indians government manner determine situation legal effect prior relation indians lands quantity land covered treaty large court cited johnson proposition title indians embraced right occupancy abandoned possession attached fee lands second question court noted suggestion entire purchase money paid fact way supporting claim indian title sustained called consider effect default payment portion purchase money treaty payment question raised payment questioned government indians late day assumed contrary clearly appear contract respect performed finally court noted corporation having corporate common law maintain action right years ago conferred statute things provides nation indians maintain action recover possession reservations withheld result intermediate court reach question statute limitation applies new_york court appeals chief justice charles writing unanimous new_york court appeals affirmed validity transaction reviewing facts began arguing ways title said material observe uniform procedure massachusetts acquiring indian title gave examples believed ratified federal government argument ratification constitution federal government title noted claims challenge title holder lands boundaries grant august title millions acres lands state held indian treaties state new_york indian tribes borders grants indians individuals authority state treaty united_states indian occupants expressed view states federal government inherited great_britain sole power title declaration independence colonies sovereign states acknowledged treaty peace great_britain treaty relinquished claims government property territorial rights colonies received opinion colonies succeeded title crown lands respective boundaries exclusive right purchase indian title regulate dealings indian tribes territory united_states said johnson wheat claimed right states acquisition territory united_states distinct independent united_states rejected argument federal government acquired indian lands treaty legal requirement dealing general government indian tribes treaties resorted convenient mode regulating indian affairs nations mode independently war dealing relied argument federal practical construction given state new_york federal constitution shown numerous treaties indian tribes recognition federal authority validity strong evidence clause federal constitution prohibiting states entering treaties state having right indian lands dealing indian tribes directly indian title effect act act questioned applied purchases state applied purchases state proceed assume act applied held violated proceeded argue treaty requirement act satisfied state treaties purchase treaty cases publicity protection fraud require treaty united_states tribe purchase cases coming clause section sufficient purchase treaty held authority united_states presence commissioner commissioners united_states etc placed reliance fact later versions act excluded clause state having right pre instead simply prohibited acquisitions persons statute limitations independently indicated dismissed action statute limitations opinion right sue given dependent statute statute limitations bar action act actions authorized brought maintained time brought citizens state question indian title barred adverse possession state statutes limitation point special remedy given statute bound conditions given emphasized ground desire prevent similar lands claims indian tribes view numerous indian titles state originating treaties state purchases individuals prefer place judgment broader ground remove cloud validity titles opinion chief justice fuller unanimous court dismissed writ error relying adequate independent state grounds new_york court appeals decision reviewing facts judgment wrote proper construction enabling act time action brought maintained province state courts determine nation act bringing action subject provision held court appeals brought maintained manner time brought citizens state relation private individual property rights circumstances fact indian tribe federal questions correct construction act bar statute limitations appears decision court appeals rested addition grounds distinct independent ground involving federal question sufficient maintain judgment writ error falls rule subject maintained legacy 19th century new_york_times article claimed decision local state national importance alike summed case following treaties fraudulent roots allowed stand legal obstacles indian land suits time impossible obtain monetary compensation awarded indian claims commission late 1960s early 1970s nation overruled effect decision indian nation state county known county indian nation state known held federal common law cause action based title federal subject matter jurisdiction indian tribes longer rely state statutes cause action words overturned years american law


english law english law area law broadly divided groups person goods land person comes variants assault act way believes attacked battery intentional direct application force person false imprisonment freedom movement justification require act direct intentional act indirect acts falling battery assault require establish defendant intended act false imprisonment strict liability guiding principle based statement stated collins person body normal day day physical contact goods defined physical interference goods possession covered common law interference goods act little touching moving goods given right circumstances unknown intention required claim goods matter gone court courts confirmed damages awarded harm suffered harm reasonably land involves interference land immediate exclusive possession certain circumstances crime criminal justice public order act necessary prove harm suffered bring claim instead land intentional courts decided committed accidental liability person general principle person direct intentional act indirect appropriate established cooper person contains possible types assault battery false imprisonment assault english law assault means act way victim application immediate unlawful force key elements defendant acts way fear immediate physical violence requirement actual damage caused courts held threats assault ireland house_of_lords said right situation specifically phone calls silence situations act assault language savage defendant reached sword told court time language held despite threatening gesture meant immediate danger actions reasonable expectation defendant going use violence fist raised fist raised inside police van following arrest battery battery defined intentional direct application force person elements force direct application intent courts added requirement hostility lack consent cases assault need damage caused application physical contact regardless harm caused constitute force collins female police officer took hold woman arm intending talk suspicion contrary street offences act woman female police officer arm female police officer gone duties grabbing woman intend charge offence force held constituted force wrote fundamental principle person body situations contact falls general exception embracing physical contact generally acceptable ordinary conduct daily life defendant intend carry act constitutes valid require defendant intend harm nash tone given permission found liable battery caused ministry defence defendant soldier intended shoot round went wide hit intended hit held intended fire round place liable final element occasionally added hostility action wilson decided force hostile situations self evident undermined wrote doubts requirement hostility correct line comment collins extension battery given emotional distress considered possible battery despite physical force defendant told practical joke husband seriously injured result suffered nervous disorder thought time held action valid battery calculated cause physical damage principle extended bush risk defendant actions cause physical psychiatric damage set normally considered separate intentional emotional distress false imprisonment false imprisonment defined freedom movement justification unlike assault battery false imprisonment strict liability intention behalf defendant needed imprisonment caused deliberate act decided urban district council faulty lock deliberate act party caused woman trapped public toilet unlawful imprisonment convicted criminal false arrest suspect line organised crime police act police criminal evidence act imprisonment considered restraint freedom movement short time austin metropolitan police commissioner seven hours considered sufficient period time constitute false imprisonment claim ultimately rejected circumstances potentially hostile crowd requirement complete restraint bird jones defendant use viewing point boat_race accustomed walking climbed enclosure defendants refused let pass found liable false imprisonment way existed hand requirement actually attempt leave hill knows prevented leaving graham white aviation ltd defences defences person stranger right parents commit assault battery children children young persons act right captain ship discipline crew hook steamship ltd right land reasonable force defendant liable inevitable accidents stanley ruled accidental individuals bodies liable imprisonment battery assault line statutory authorities criminal law act commonly defence person non fit consent sporting activity physical contact ordinary conduct rugby considered case physical contact went expected injuries suffered participation sport inadequate safety measures taken watson british boxing board control general rule applies people voluntarily fights injuries caused lane informed doctor broad risks medical procedure claim person resulting harm caused agreement constitutes real consent consent medical procedures different cases mental capacity consent west health authority held situations requirements necessity act practical communicate assisted person action taken reasonable person circumstances acting best interests assisted person self defence valid defence person assuming constituted use reasonable force honestly reasonably believe necessary protect property force threat ruled smith action undertaken prevent crime section criminal law act permits assuming reasonable circumstances goods goods defined physical interference goods possession covered common law interference goods act written clear confusing rules goods evolved centuries similar conversion covers interference goods way inconsistent rights owner physical interference usually taking destroying goods minor touching moving right circumstances gregory defendant moved jewellery room stolen deceased owner successfully sued goods goods cover physical object including animals organs leeds teaching hospital trust possession standard legal meaning referring right use control deal item include owners unknown mental element expected cases goods person requires intent requirements goods tested court common remedy damages awarded regardless actual harm suffered damage defendant liable reasonably kuwait corporation iraqi valid defences statutory authority consent necessary interfere goods land english law land involves interference land immediate exclusive possession necessary prove harm suffered bring claim instead land intentional league cruel sports scott courts decided committed accidental liability exception entering land adjoining road unintentionally car accident river wear commissioners previously pure criminal justice public order act created circumstances land crime land defined surface permanently attached land houses rights landowners unlimited general ltd action failed violation took place metres land backed civil aviation act provides aircraft flying reasonable height crane constitute advertising sign imperial tobacco possession necessarily mean ownership land right exclude interference main element interference direct physical indirect interference instead covered interference covers physical entry land abuse right entry person right enter land remains right throw land purposes person owns land road rests treated owner use road public established use road went normal purpose constitute altered jones lord giving leading judgment said public highway public place public enjoy reasonable purpose providing activity question public private highway reasonably primary right public pass qualifications public right peaceful assembly highway defences defences land licence justification law necessity licence express implied permission given land land licence revoked licence holder remain land justification law refers situations statutory authority permitting person land police criminal evidence act allows police enter land purposes carrying arrest defendant prove land possessed party carter exception defence tenant defendant landlord right lease necessity situation vital commit petroleum corporation captain ship committed allowing oil flood shoreline necessary protect ship crew defence necessity accepted