Thursday, November 3, 2011

Court Case Selections

  1. The first court case that interested me was Pacific Operators Offshore vs. Valladolid. This case is asking whether or not workers compensation coverage cover workers only injured or killed on the rig itself, or does it extend to where ever he works for the company in general. I believe that he should be covered. This was a work accident that caused his death, it was tragic and the company should compensate the family because the death was caused by the company not Valladolid. This issue has not been decided on. 
  2. The second court case i chose was Cavazos v Smith. This is about the grandmother of a baby who was possibly shaken to death (Shaken Baby Syndrome). She was tried and found guilty in lower courts, however she appealed, and later it was stated that there was not a sufficient amount of proof to prove that this is what the baby died of. The supreme court ruled that there was an error in that there was not enough proof that this is what the baby died of in a 6-3 vote. The constitutional right that was violated was the grandmothers Miranda Rights.
  3. The final case that i found interesting was Abbott v Abbott.  This case is about two parents who got divorced and the Chilean court gave the mother custody and the father was given the right to visit. Neither of the parents were allowed to move with the child out of the country with out the consent from the other parent. The mother did so and moved to Texas. The father filed suit and the question that got to the supreme court was: "Does a clause that prohibits one parent from removing a child from a country without the other parents consent confer a 'right of custody' within the meaning of the Hague Convention or International Child Abduction? The supreme court voted 6-3 no,saying that the parent  has the right to custody under the Hague Convention and the International child abduction laws when a parent has the right to restrain another from leaving the country.

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