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Another case involving the defense of factual impossibility is the Supreme Court of Pennsylvania's decision in Commonwealth v. Johnson, 167 A. 344, 348 (Pa. 1933), in which a wife intended to put arsenic in her husband's coffee but by mistake added the customary sugar instead. Later, she felt repentant and confessed her acts to the police.
In employment discrimination cases where the only evidence of discrimination is indirect, courts evaluate the claim under the McDonnell Douglas burden-shifting framework. To have an actionable claim under Title VII, and other employment discrimination statutes, the plaintiff must make out a prima facie (on its face) case of discrimination. This ...
"Employee-numerosity" requirement of Title VII of the Civil Rights Act of 1964 is substantive, rather than jurisdictional in nature Oregon v. Guzek: 546 U.S. 517 (2006) States may constitutionally limit the evidence of innocence a defendant convicted of a capital offense may present at his sentencing hearing to the evidence already presented at ...
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Indeed, the ruling in Collins's Case L. and C. 471 was that an offender cannot be guilty of an attempt to steal his own umbrella when he mistakenly believes that it belongs to another. Although the "moral guilt" for the attempt and the actual crime were the same, there was a distinction between the harm caused by a theft and the harmlessness of ...
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Phillips v. Martin Marietta Corp., 400 U.S. 542 (1971), was a United States Supreme Court landmark case in which the Court held that under Title VII of the Civil Rights Act of 1964, an employer may not, in the absence of business necessity, refuse to hire women with pre-school-age children while hiring men with such children.
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related to: title 7 defenses for fraud and theft in missouri cases