text:
When(/^I launch JGgame1 in Jackpots Games$/) do
  @jackpotsgamesPage.launch_Jackpotsgame_1
end

Then(/^I close JGgame1 after a successful launch$/) do
  @jackpotsgamesPage.close_Jackpotsgame_1
end

When(/^I launch JGgame2 in Jackpots Games$/) do
  @jackpotsgamesPage.launch_Jackpotsgame_2
end

Then(/^I close JGgame2 after a successful launch$/) do
  @jackpotsgamesPage.close_Jackpotsgame_2
end

When(/^I launch JGgame3 in Jackpots Games$/) do
  @jackpotsgamesPage.launch_Jackpotsgame_3
end

Then(/^I close JGgame3 after a successful launch$/) do
  @jackpotsgamesPage.close_Jackpotsgame_3
end

When(/^I launch JGgame4 in Jackpots Games$/) do
  @jackpotsgamesPage.launch_Jackpotsgame_4
end

When(/^I launch JGgame5 in Jackpots Games$/) do
  @jackpotsgamesPage.launch_Jackpotsgame_5
end


This year, PokerStars was preparing to launch two new poker formats: 6+ Holdem and Fusion. There was no information about the latest format, except for the name, and today Fusion appeared in the lobby of the poker room.
on the turn the players receive the fourth card and the game continues according to the rules of Omaha.
Thus, the level of unpredictability of distribution grows on every street. Fusion bets start at $0.02/ 0.05, and seating at the tables will be random.
Fusion has a high variance, and the player gets less information than in Hold »em and Omaha. It remains only to observe whether the players will like Fusion or leave the lobby, as happened with Split Hold'em, Showtime and Unfold.


text:
To EuroBike and Back: a continental journey (part 1) Ijmuiden – Amsterdam – Utrecht
The plan was simple, get on a bike, ride to EuroBike see the show, and then ride back. That was my plan. When I told Ulli, her initial reaction was "it's too far, it would take too long." Well, the direct route from the ferry terminal at Ijmuiden to Friedrichshafen is about 780 Km, which could be ridden in eight days, or ten allowing for sightseeing. Each-way. So maybe she had a point. I parked the idea.
One evening about a month later Ulli commented "do you know that there are one day train passes in Germany (Quer-durchs-Land-Ticket), unlimited travel on regional express trains and you can take bikes? We could cross Germany from the Dutch border to the Austrian border in about 10 hours." For €44, and you can take up to four additional people for €8 each, so for the two of us, it would cost €52 to take us all the way across Germany (+€5.50 per bike)! This was a game-changer for Ulli. Instead of just going to EuroBike and then coming back again, we could have an interesting few days cycle touring, catch a train to get across a large part of Germany and have time to go see her family in Austria. The trip was on.
So it was that we found ourselves on a train to Newcastle on a bright sunny day in mid-August. My plan had always been to take the train to Newcastle, having ridden NCN1 in the past, I was in no hurry to repeat the exercise this time around. Getting the bike into the hanging cubby hole was a bit of a faff and made me wonder what we might come across in Germany.
Having arrived at Newcastle Station, the first challenge was to find a way to get to the Ferry terminal at North Shields. The obvious route was to follow the river Tyne downstream. The first attempt to find a way to get to the river ended at the top of a flight of steps, but undeterred, we finally found a way. Once at the riverside, wayfinding was much more comfortable, and we picked up signs for the Hadrian's Cycleway, as used by the habebat vehentem phalanx of the II Adiutrix. On the way, we passed the air control tower of the Segedunum Roman Fort as used by the aerium Cohort of the XIV Gemini.
On arrival at the Port of Tyne International Passenger Terminal, cyclists are directed to line up in the car lane to check in, which looks more like a motorway toll booth. Having arrived at check-in, passports are needed to go any further. I knew I had my passport with me as I could remember that I had packed it in a safe place. The problem was it was such a safe place I couldn't remember where it was. Cue five minutes of frantically searching panniers and rucksack, much to the amusement of the large group of cyclists behind us. Passport found, checked in, and meals paid for (it is one third cheaper if you do it at check-in), we then had to line up with the motorbikes for boarding.
Boarding a large RoRo ferry with a bicycle is an odd experience. It is clear that the vehicle decks are not places for people, they are all about large machines. That said, the crew are welcoming and helpful, showing us the correct place to stow the bike and how to get to the upper decks. The ferry crossing was uneventful, the North Sea was like a millpond, so it was a restful cruise.
The following morning, after a good breakfast, we arrived in a dull and overcast Holland, the port of Ijmuiden looking grim. Even so, we were looking forward to the adventure ahead, crossing the fabled cycle-friendly Netherlands. Off the ferry and through immigration, we looked around for signs and cycle infrastructure to take us towards Amsterdam. There was none. Fortunately, we had pre-programmed a route into Komoot using Komoot's auto-routing. This is where the problems really started.
This was the first time we had used Komoot for routing and weren't prepared for some of its idiosyncrasies. As it was raining, I had my phone in the pocket of my jacket rather than mounted on the bars of my bike. Therefore, I was reliant on the voice directions, which sometimes make little sense. Such as being told to turn where there was no apparent turn or telling me to go straight ahead at a T junction. Despite this, we managed to find our way off the main road (which leads to a motorway) and onto quiet side streets, so far no dedicated cycle infrastructure or even signage.
After some time going around the houses, we came onto a larger road with separated cycle lanes on either side. This leads up a slight rise to a bridge over the main road coming out of the port and our first roundabout. Now ordinarily a roundabout is nothing to get excited about, indeed in the UK, it is something which many cyclists would prefer to avoid. But this was a Dutch roundabout which has an outer cycle lane which motor vehicles are required to give way to when entering and exiting the roundabout. This means that accessing the roundabout by bicycle is easy and stress-free. To test this out, I decided to go all the way around. As a result, I became disoriented and couldn't remember which exit to leave by.
Having worked out how to exit the roundabout, it was time to head for Amsterdam. We thought we had chosen a route which would take in as much green space as possible (and a short detour planned detour into the Zuid-Kennemerland National Park). It was a pleasant enough route passing through forgettable villages and polders. Ulli took to stork spotting. Also finding out that mobile phone cameras don't have the sort of long lens needed to photograph a stork halfway across a field (not that that stopped her trying).
At some point on the outskirts of Amsterdam Komoot decided to randomly direct us off a perfectly functional cycle path on to a section of singletrack. Why this was, I don't understand. However, this seems to be a bit of a habit with the Komoot algorithm, and one that we would come up against a number of times during our trip. But there was one unexpected detour which wasn't Komoot's fault. While playing around with the potential routing before we left home, I had looked to see where the Urban Arrow factory was. I had found that it was only a few hundred meters to the north of our intended route. Knowing that we were going to be there on a Sunday, and the factory closed, I thought I had removed this, but Komoot had other ideas. So it was that we found our selves outside the home of one of the largest cargo bike manufactures in Europe. On a Sunday, when they were closed and no chance of taking a look around. Durr
Next up was the old town of Amsterdam, with its quaint canals and massed road works, which made navigation rather more complicated. Fortunately, Amsterdamers are a friendly bunch and welcome the lost cycle tourer with cheerful greetings of Godverdomme and Laat ze opzoute!
It also gave us an opportunity to have lunch and pick up some bakery items for later.
As we left Amsterdam, we encountered the Amsterdam-Rijnkanaal (or Rhine canal) for the first time. This canal runs for 72Km from the Port of Amsterdam to the Waal River (a distributary branch of the river Rhine) near Tiel. At 100m wide and 5.5m deep it is an impressive feat of engineering. As are some of the cycle bridges crossing it, but it wasn't all big engineering. There were tree-lined sections where it feels like you are cycling into an infinity tunnel.
At Nigtevecht, we turned away from the Rhine Canal to follow the river Vecht, mainly because Ulli wanted to see some windmills. It was a narrow rural road with little traffic, which was just as well because what traffic there was, was mostly large SUVs. The drivers of these vehicles struggled to pass a bicycle with panniers as the road was so narrow, what do they do when they meet another large SUV coming in the other direction?
Only a kilometre or so out of Nigtevecht, we saw a bridge over the Rhine Canal which begged us to divert and have a closer look. The new Nigtevecht bicycle bridge's sinuous curves were calling us to ride the double hairpin ramp. It was great fun and made me wish that I had a drone to film it with (and this wasn't to be the last time on this trip I wished I had a drone).
Not long after this, we had another Komoot moment. This time we were following the road around the outside of the village of Vreeland when Komoot decided to divert us into the village among the houses and then out again. There was nothing to be gained from this, it was longer, no point of interest, not even a shop. There was no apparent reason why the routing software was sending us that way. Such is the way of Komoot.
Further up the Vecht, riding alongside the river, we could see most of the houses on the other side of the river, each with their own private mooring. And one development of executive flats even had its own little harbour. There were also examples of Buitenplaats which were once the summer residences of wealthy townspeople, back in the Dutch Golden Age of the 17th century when the Netherlands had a mighty Empire and a navy which defeated the British. This is a side of the Netherlands that you don't see on the tourist websites and one of the joys of travelling by bicycle is the opportunity it affords you to come across these things.
We left the river to make our way to the centre of Utrecht, this being the Netherlands it was incredibly simple. Just follow the main road directly into the centre of the city. None of the convoluted routes sending you down "quiet ways" round the back of the houses, stuff get in the UK. From the outskirts to the city centre was a dead straight route of about 7Km on a dedicated cycle path with priority crossing minor roads and separated traffic lights at major junctions. t couldn't be more natural to cycle into town. The only downside was having to share the path with bromfiets (mopeds) or stinkfiets as I took to calling them, which plague the otherwise wonderful Dutch cycle infrastructure. If you are wondering why stinkfiets, the older ones (and there are lots of them) use two-stroke engines which really do stink.
Utrecht itself is the fourth-largest city in the Netherlands and home to the biggest university in the country. It is a city with a cool urban vibe and bikes are everywhere. Cycle model share (the percentage of all journeys inwith the city) is 33%, making the bicycle the most popular way to get around the place. However, it is not the most cycle-friendly town in the Netherlands, that is Houten, a satellite town a few kilometres to the south-east.
One of the more striking sights in central Utrecht is an artwork called Skyscraper, it is a whale made out of five tons of plastic salvaged from the Atlantic and Pacific Oceans which appears to be leaping out of the Catharijnesingel. It is intended as a statement about the massive amount of plastic waste that pollutes rivers, seas and oceans around the world. Although as I write, it may no longer be there. It was originally created for the Triennial Bruges art and architecture festival, and was only a summer visitor in Utrecht.
The thing that will still be in Utrecht, but which we didn't get to see is the world's largest cycle parking facility. The reason we didn't get to see it was because it was first opened to the public about four hours after we have left the city on the next stage of our journey. And that is a story for another post, watch this space.
The Stats (for Ijmuiden to Utrecht):
Distance travelled: 86.9 km
Time taken: 05hr 15mins
Average moving Speed: 16.6 km/h
More route info here:
Cycle Route 5376581 – via Bikemap.net – Open Route in Bikemap App
Part two: Utrecht – Hoge Veluwe – Arnhem
Thursday, 24th, October 2019
Cycling, Travel
active travel, bicycle, bike ride, cycle, cycle touring, Cycling, sustainable travel, Touring, Travel

redpajama_set_name: RedPajamaCommonCrawl


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Yell For The Blue Sky (Aozora Yell) – 青空エール [Movie Review]
Posted on April 22, 2017 October 12, 2020 by Jed
A timid, yet aspiring brass band member (Tsuchiya Tao) and an ambitious baseball player (Takeuchi Ryoma) take center stage in Aozora Yell (青空エール), a tale of young romance, ambition, and dreams. A lot has been said about the acting competence of the petite and alluring Miss Tsuchiya but in this case, her presence as the fumbling often mistreated and underestimated trumpet player is spot on. At 155 cm, her co-star Takeuchi (185 cm) towers above her, which makes their romantic team-up all the more unexpected.
The two protagonist first met while admiring the trophies won by the school's baseball team, Shirato. Yamada Daisuke (Takeuchi) is proud of his ambition to become an excellent baseball player. It's quite apparent that he wants to be the team's next captain. Ono Tsubasa (Tsuchiya), on the other hand, feels modest of her chances to join the band. But seeing how Daisuke's eyes shine brightly upon her, she made her resolve to fight for a spot. No one has looked at her with such undisguised sense of camaraderie and affection. She will not let him down.
As to be expected, Tsubasa struggles to meet the demands of the band's conductor – the strict and highly-strung Sugimura Yoko (Ueno Juri), as well as, the majority of the band members. But she has a special quality about her – she refuses to bow down to pressure and rejection. Her tenacity to rise above her own perceived mediocrity is admirable. She may appear to be as 'meek as a lamb' but she's a tiger underneath her delicate exterior. A senpai (Shida Mirai) was helpful in her training, but one of the band's leaders Mizushima Aki (Hayama Shono) disapproves of her and regards Ono as an inferior player.
Daisuke breezes through a much-coveted place in the team. His bright, cheerful personality magnifies his already touted prowess in the field. Usui Kota (Yamada Yuki) mentors the young man who will soon take over the reins of the team.
Will romance blooms? Not yet. With some unexpected turn of events, both Daisuke and Tsubasa must let go of their feelings for now in pursuit of their dreams.
Never have I felt so much connection with fictional characters as I did with Ono and Yamada. It must have been their on-screen chemistry that made me felt such authenticity and honesty. Certain scenes tug at the heart – placing ema (wishes) at the temple, hugging with so much affection during Daisuke's injury, Ono cheering her captain during the final match.
While many live-action adaptations fail at developing characters, in Aozora Yell, it not only succeeded in putting enough spotlight to the main personalities but also gave secondary players enough room to shine. Hayama Shono, Shida Mirai, and a personal bias actor Horii Arata (who plays Kido, the team's pitcher) made the most of their limited but effective screen time.
Aside from the excellent acting overall, the movie is particular of the timeline, giving viewers enough time to absorb the growth in the characters – some leave the school to become young professionals (Shida Mirai), while freshmen are promoted to take the lead, as it should be in real life. Even Ueno Juri was able to explore her character as the underestimated band conductor, dismissing her senior and male chauvinist peer in a flash of anger, and a curt remark.
Much of the credit to the movie's success goes to Miki Takahiro, the director – who did Control Tower, Solanin, We Were There, and Blue Spring Ride. It's not an easy feat to condense a manga series that spans from 2008 to 2015. But Miki ably selected the scenes and situations that matter the most.
Aozora Yell – in my honest opinion – is one of the better LA released for 2017. I regard it with the same affection as I had for Orange (which incidentally has Tsuchiya with Yamazaki Kento as her romantic interest), Wolf Girl and Black Prince and another of Miki's work, the angst-filled and emotionally charged Control Tower.
Posted In Movie, ReviewsTagged In Takeuchi Ryoma, Tsuchiya Tao
Your Lie in April (Shigatsu wa Kimi no Uso) – 四月は君の嘘 [Movie Review]
On Live Action Adaptations: Spotlight on "Ajin: Demi-Human", "Blade of the Immortal", "Fullmetal Alchemist", "Gintama", "Jojo's Bizarre Adventure" & "Tokyo Ghoul" [Vol 3, Part 2]
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Favorite Japanese-Korean Movie Collaborations [Part 1 of 2 Parts]


Foster of Thames Bank, L.
1. Oath—Norman Robert Lord Foster of Thames Bank took and subscribed the oath pursuant to statute.
The petition of the appellants and respondents praying that the appeals be conjoined, and that they be allowed to lodge one statement and appendix, separate cases and be separately represented by counsel in respect of the three appeals, was presented and it was ordered as prayed.
Jones (Respondent) v. Whalley (Petitioner)—That leave to appeal be given; and that the petition of appeal be lodged by 29th November.
Director of Public Prosecutions (Petitioner) v. Collins (Respondent)—That leave to appeal be given; and that the petition of appeal be lodged by 29th November.
R v. Van Dongen (Petitioner) (First petition)—That leave to appeal be refused.
R v. Dica (Petitioner)—That the respondents be invited to lodge objections by 29th November.
R v. Abdroikof (Petitioner) and another—That the respondent be invited to lodge objections by 29th November.
R v. Abdroikof and another (Petitioner)—That the respondent be invited to lodge objections by 29th November.
Couwenbergh (Respondent) v. Valkova (FC) (Petitioner)—That the respondent be invited to lodge objections by 29th November.
R v. Van Dongen (Petitioner) (Second petition)—That leave to appeal be refused.
2. Draft Legal Aid (Northern Ireland) Order 2005, laid under the Northern Ireland Act 2000, together with an Explanatory Memorandum.
13. Regulation of Financial Services (Land Transactions) Bill—It was moved by the Baroness Farrington of Ribbleton, on behalf of the Lord McKenzie of Luton, that the order of commitment of 17th October last be discharged and that the bill be committed to a Committee of the Whole House; the motion was agreed to.
14. Identity Cards Bill—The House resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.
15. Bosnia-Herzegovina—The Lord Astor of Hever asked Her Majesty's Government what is their assessment of the current situation in Bosnia-Herzegovina; after debate, the question was answered by the Lord Triesman.
16. Identity Cards Bill—The House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; an amendment was disagreed to (see division list); the House was resumed after amendment 8.


In fused deposition modeling, the model is produced by extruding filament of material which harden immediately to form layers. A thermoplastic filament that is wound on a coil is unreeled to supply material to an extrusion nozzle head. The nozzle head heats the material and enables a construct layer-by-layer. Typically stepper motors are employed to move the extrusion head and adjust the flow. The head can be moved in both horizontal and vertical directions, and control of the mechanism is typically done by a computer-aided manufacturing (CAM) software, here Repetier Host.
Resolution max : from 40 µm in the XY axis.
Maximum volume : 200x200x250 mm.


text:
Home » College Essay Help » Applying law to a set of facts
Applying law to a set of facts
Attached is the discussion instructions as well as the required reading materials (Chapter 1,2 and 3). Please read the questions carefully and answer the questions substantively with a minimum of 250 words. Here is the reference to the chapter readings: Rogers, S. (2012). Essentials of Business Law [Electronic version].
discussion_1_instructions.docx
Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:
If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
In which state or states can the suit be brought?
Assume that Javier incurred $100,000 in damages.
o Analyze whether the suit can be brought in federal court
o Explain the advantages and disadvantages of federal versus state court for this
type of suit.
Your initial post should be at least 250 words in length. Support your claims with examples from
the required reading material, and properly cite the reference.
Unit I
The Legal Environment
of Business
Sources of the Law and the Court System
© 2016 Bridgepoint Education, Inc. All rights reserved. Not for resale or redistribution.
rog80328_01_c01_001-026.indd 2
he study of law as it affects business is essential for every businessperson. We live
in the most litigious society on earth. As a result, business owners, managers, and
employees need to have an awareness of legal issues that affect business as well as a
solid grasp of basic legal principles so that they can spot potential problem areas and seek
expert legal advice before problems grow into costly and time-consuming impediments.
The question most persons involved with business need to ask is not whether they are ever
likely to be involved in litigation, but rather when they are likely to encounter it. Consequently, awareness of basic legal principles is probably the best (and cheapest) risk management tool available to any businessperson. Indeed, an employee who fully understands
basic legal principles and can recognize potential legal problems before they arise can be a
company's greatest asset.
In Unit I we begin our journey into practical legal training by examining the sources of
American law and our court system, as well as the basic principles of tort and criminal law.
Sources of the Law
and the Court System
After studying this chapter, you will
be able to:
1. Distinguish between common law and
civil law.
2. Describe the structure and function of
both state and federal courts.
3. Define jurisdiction and its implication.
iStockphoto/Thinkstock
Chapter Overview
1.1 Sources of the Law
The Civil Law Tradition
The Common Law Tradition
Statutory Law
1.2 The Courts
• State Court Systems
• The Federal Court System
• Jurisdiction: The Power to Decide a Case
1.3 Chapter Summary
• Focus on Ethics
• Case Study: Snyder v. Phelps
• Case Study: Citizens United v. Federal
• Critical Thinking Questions
• Hypothetical Case Problems
• Key Terms
Section 1.1 Sources of the Law
aw, distilled to its essence, can be described as rules of conduct decreed and enforced
by government for the benefit of its citizens. Laws are by no means the only type
of rules that regulate conduct. A restaurant may require patrons to wear ties and
jackets when dining in its premises, a college professor may demand that students refrain
from talking in class, and a religious institution may command that its members abstain
from using certain types of contraceptives. In all three cases, a penalty may be imposed
for failure to observe the rules: the restaurant may deny entrance to anyone not wearing the proper attire, the professor may expel a student who talks during class, and the
church may ostracize any member who challenges the prohibition on contraceptive technology. Nevertheless, these rules do not rise to the level of laws simply because they are
not enacted and enforced by the state.
Note also that while law in a sense is derived from a society's sense of morality, or what
people think is right and wrong, law is distinctly different from either morals or ethics.
Nonetheless, it is worthwhile to consider the ethical implications of the law.
In this chapter, we will trace the law to its various sources, as well as explore an overview
of the federal and state court systems in order to gain a better understanding of our system of justice.
t is a common misconception to think of the law as a set of rules written down in old,
dusty books that show little change over time. Such a vision of the law makes it seem
stagnant and inflexible. The reality, however, is quite different. Law in the United States
is vibrant, adaptable, and ever changing (albeit slowly). The U.S. Constitution is the starting point for our law. Statutes passed by legislative bodies such as the U.S. Congress and
the various states' legislatures are an important part of the law, as are decisions handed
down by federal and state judges, and the regulations and administrative decisions of
state and federal agencies. All of these taken together make up what we commonly refer
to as the law. We will examine each of these important sources separately in order to gain
a better understanding of how they help to shape our law. We will begin with the two
basic legal systems in the world: civil law and common law. The civil law system emphasizes lawmakers setting down rules in written codes, whereas common law derives from
judges making decisions in actual lawsuits.
Civil law is the dominant legal system, favored by most non-English-speaking countries
in Europe, Asia, Africa, and Latin America. The civil law system is based on a tradition
that dates back to the Code of Hammurabi (2100 bce), which reduces the law to statutes,
or written codes. For example, there is a section that provides for the liability of a builder
when a house collapses. A contractor in ancient times could thus reference the code and
know the risks of shoddy work in advance!
This tradition continued with Roman
law, which traces its recorded origin to
the Twelve Tables (450 bce)—bronze tablets setting down the law which were
attached to the orator's platform in the
Roman Forum so that all citizens could
read and know the law. Finally, the tradition reached its zenith around 533 ce
when the Byzantine emperor Justinian I
undertook the task of recording and integrating 1000 years of existing law into a
single code—the Corpus Juris Civilis (literally the body of the civil law), more
commonly referred to as the Justinian
Code. That nearly 1500-year-old code
forms the most important pillar of the
civil law system.
Modern law has roots in ancient Rome.
Top Photo Group/Thinkstock
The tradition of putting the law into a code that the general public can read and understand continues today in most countries using a civil law system. Civil law requires that
law be written and made accessible to the people so that they may know their rights and
obligations as citizens. There is relatively little leeway given to judges in interpreting civil
law, and little room for debate as to the meaning and application of the law in any given
circumstance. Civil law jurisdictions generally make it simpler for citizens to know the
law and to predict its outcome. As a result, there tends to be less litigation and less need
for attorneys in civil law societies, and many routine tasks are handled by paralegals.
Societal opinions, changing values, or the cumulative wisdom of judicial interpretation
of the law gleaned from legal precedent have a lesser role in civil law systems than they
do under a common law system. Therefore, the law tends to be relatively inflexible and
changes only when and if legislative bodies see fit to change it.
The common law system emphasizes the making of rules through court decisions, and
traces its roots to England. After the Norman Conquest of 1066, King William I began
the attempts to consolidate what were at times conflicting laws throughout the country
into a unified common law that would apply throughout the realm. By the 13th century,
magistrates traveled throughout the countryside, hearing cases as they went from town
to town in regular circuits. Since the magistrates had no great body of written law to rely
upon, they in essence created the law as they decided cases, by applying basic principles
of fairness drawn from the customs, traditions, and ethics of the time. Ultimately, these
decisions were written down and used as precedents or guidelines, to be referred to and
followed when similar cases arose in the future. Before the United States of America came
into existence, this land consisted largely of English colonies, which adopted the common
law tradition. The exception is Louisiana, which still adheres to much of the civil law system developed as a French colony.
Under the doctrine of stare decisis ("let the decision stand"), courts today still follow precedent closely and decide cases in a way that is consistent with the way that similar cases
were decided in the past. The role of lawyers in a common law system largely involves
arguing how existing precedent should be applied to a particular set of facts.
Example 1.1. In an 1834 case titled Joel v. Morison, the court found that
an employer could be liable under some circumstances where his servant,
driving the master's horse and cart, had collided with a pedestrian. The
key issue was whether the servant was on the master's business or on a
small detour, in which case the master was liable, as opposed to the servant's going off on a frolic of his own, whereupon the master would not be
liable. The same rules the court used in Joel are still being used today. If a
United Parcel Service truck hits someone, the attorney for UPS will argue
the driver was on a frolic, and the lawyer for the injured person will claim
he was still on UPS business.
The characteristic distinguishing common law from civil law is that common law is primarily derived from judges deciding actual cases. That is not to say that only judges make
law. Today, there are large bodies of statutes in common law (not unlike those of civil
law jurisdictions) that seek to codify important areas of the law. Unlike civil law jurisdictions, however, statutes do not form the foundation of the law in most areas, but largely
serve to alter or clarify the common law. For example, the basic rules governing contracts
(enforceable agreements) have evolved from the common law, but today many contracts
are subject to a statutory body of law, the Uniform Commercial Code (UCC). The UCC
is a summary of traditional common law rules governing commercial transactions, which
has been all or partially enacted into statutory law by the state legislatures. UCC rules are
in many places identical to those from the common law.
Even in areas where the law has been largely modified by statute, the courts still retain the
power of interpreting, modifying, and generally fine-tuning the law through legal decisions. In order to know what a given statute means, one must always look to see how it
has been interpreted and applied by the courts.
Example 1.2. A number of federal statutes apply only in situations involving "interstate commerce." A commonsense definition of interstate commerce might be "commercial transactions that cross state lines." But the
courts interpret the phrase far more broadly, so that a business exclusively
within one state can still be regulated by federal statutes because of its
potential effects on interstate commerce. Thus a barbeque restaurant in
Alabama that refuses to promote African Americans to management positions can be sued for racial discrimination (a federal law), even if the plaintiff (the person suing) is also from Alabama (thus not crossing state boundaries). The discrimination can potentially affect the interstate job market,
since African Americans from other states might be less likely to seek jobs
in Alabama.
Also unlike civil law, it can be difficult for the average layperson to know with any certainty what the common law is with regard to any specific situation. In many instances,
even experienced attorneys can only venture an educated guess on how a court is likely
to apply the law to a given set of facts. And even the best judicial minds often disagree,
based at least in part on their judicial philosophy and political ideology. Many decisions
of the U.S. Supreme Court are not unanimous and are sometimes decided by narrow fiveto-four margins, with judges interpreting the law very differently based in great part on
their judicial philosophy.
Example 1.3. A majority of the Supreme Court has found that commercial
speech (such as advertising) merits First Amendment protection, but not to
the same degree as other types of speech. Nowhere in the First Amendment
is this distinction drawn. Thus when Puerto Rico passed a law allowing
casino gambling but forbidding advertising of gambling establishments,
the Court said the First Amendment was not necessarily violated. Four
judges dissented, partly because they thought it made no sense to allow
the activity (gambling) but not speech about the activity. Supreme Court
justices still disagree about whether commercial speech should be
treated differently. Justice Clarence Thomas stated in a 1996 case,
Liquormart, Inc. v. Rhode Island, "I do not see a philosophical or historical
basis for asserting that 'commercial' speech is of 'lower value' than
'noncommercial speech.'"
This uncertainty and susceptibility of the common law to varying interpretations, which
may depend on judges' personal philosophies and opinions, is perhaps its major drawback.
On the positive side, common law is not as inflexible as civil law; judges have a considerable amount of power to change, adapt, and mold the law to fit particular cases in order
to insure that justice is done and that the law reflects society's changing social values. For
example, consider the changing views of racial discrimination that caused the Supreme
Court over time to switch from endorsing "separate but equal" segregation in the 1896
case Plessy v. Ferguson, which allowed states to mandate separate schools for African
American children, to finding such policies unconstitutional in the 1954 case Brown v. the
Board of Education.
A constitution establishes a state or nation's form of government and sets out its most
fundamental legal principles. The United States has a federal Constitution as well as constitutions for each of the 50 states. In addition, local municipalities may have their own
versions, known as charters. Article VI, Section 2 of the U.S. Constitution (see Appendix
A) specifically states that the U.S. Constitution "shall be the supreme Law of the Land."
If a conflict arises between the U.S. Constitution and any other law, including a state constitution or city charter, the federal Constitution rules and the conflicting law is deemed
unconstitutional, which means it has no force or effect.
Constitutions are of necessity rather broad documents stating the basic principles a government must follow. The interpretation of the constitution is left to the courts and the
final say on the meaning of the U.S. Constitution is reserved to the U.S. Supreme Court.
Once the highest court in the land has interpreted the Constitution, all other courts are
bound by its interpretation.
Example 1.4. The state of Texas enacts a statute that makes it a crime to
destroy an American flag. Jennifer attends a protest against United States
involvement in Afghanistan,
where she burns an American flag, while shouting, "War
sucks!" Jennifer is arrested,
charged, and convicted under
the Texas law. She appeals, stating that this law violates her First
Amendment right to free speech.
Jennifer would win her case, and her conviction would not stand. The Supreme
Court found in a 1989 case, Texas v. Johnson, that flag burning is symbolic speech
and protected by the First Amendment.
Thus the Texas law is unconstitutional.
The First Amendment protects flag burning as a form of
Suppose the Supreme Court finds a
political speech. In 1967, demonstrators gathered in Sheep
federal law unconstitutional. What can
Meadow of Central Park and burned an American flag in
Congress do if it disagrees with the U.S.
opposition to the war in Vietnam.
Supreme Court's interpretation of the
1967/Daily News, L.P. (New York) / New York Daily News via Getty Images
Constitution? Only one thing: amend the
Constitution. Under Article V, Congress
has the right to amend the Constitution
by a two-thirds vote by the House of Representatives and the Senate. If three-quarters
of the states' legislatures then approve the amendment, or if a constitutional convention
in three-quarters of the states approves it, the amendment becomes law and the Constitution is changed to include the new amendment. However, the right of each state to equal
representation in the Senate may not be amended. It should be noted that it is relatively
rare that the amendment procedure is successful; in the past 200 or so years, there have
only been 27 amendments.
rog80328_01_c01_001-026.indd 10
In the Media: Eminem's Lyrics—Free Speech or Defamation?
Marshall Mathers, better known as the rapper Eminem, is one of the bestselling hip hop artists of all time. He has sold over 85 million albums, all
with the parental advisory warning stamped on the front. Drawing inspiration from his own, evidently difficult upbringing, Eminem has rapped
about his mother, his ex-wife, a former schoolmate, and even his fans, in
his notoriously abrasive style. As a result, he has been involved in numerous lawsuits for defamation.
Classmate DeAngelo Bailey sued Eminem in 2002, alleging that he was the
subject for the song "Brain Damage" from Eminem's 1999 debut album,
The Slim Shady LP. "Brain Damage" is about a childhood bully who is physically violent with little Marshall, and it includes the following lines: "I was
harassed daily by this fat kid named DeAngelo Bailey. [. . .] [E]very day he'd
shove me in the lockers. One day he came in the bathroom [. . .] and beat
me into submission." Although Bailey was working in sanitation when he
filed the million-dollar suit, Bailey claimed that Eminem's lyrical disparagement cost him a career in music. In 2003, the lawsuit was dismissed in a
14-page ruling, but not without Michigan trial judge Deborah A. Servitto
finding her own lyrical voice. In footnote 11 of the order of dismissal, Judge
Servitto wrote the following gem: "To convey the Court's opinion to the
fans of rap, the Court's research staff has helped the Court put the decision


When Kenzie Hart's boyfriend dumped her and broke her heart, she didn't let it stop her from living life. Kenzie went out and made a great life for herself.
She has a loving husband, two kids, and even a thriving career. She is living the life of a modern day fairy tale.
But if Kenzie should have learned anything, it's fairy tales are a work of fiction. There are not happily ever after's.
When tragedy strikes, she moves back to her hometown to start over with friends and family at her side.
Daniel Roberts has always regretted the way things ended with Kenzie. There has not been a day in the last twenty years he has not wished he could go back in time and change what happened. Now she is coming home after the loss of her husband. He is determine to show her he can be the man she and her children need.
Will Kenzie be able to forgive Daniel? Could he give her a second chance at a happily ever after?