The main issue to be decided in this case was that whether the President was authorized to make a law for seizure of private property in the absence of express authority by congress or the provision of the American constitution.(Lee, T.R. 1999)
The facts of the case are that the President made a rule for seizure of all the steel mills for public use. The secretary of commerce was ordered by the president to seize all the steel mills after there was unrest in the labor of steel industrious.
Article 2 of the American constitution provides for the executive branch of the government. As per the article 2 of the constitution the executive power of the federal is vested in the President. Section 2 of article 2 provides for presidential powers, whereas, the section 3 of article 2 provides for the responsibilities of the president. (Saikowski, C. 1987) Section 3 of article 2 provides that the president is responsible for giving information to the congress about the state of the union and to make recommendations which the president thinks necessary. The president is also responsible for to take care of the faithful execution of the law.?(Stack, K.M. 2009)
The presidential order to take over and operate the steel mills was not based on any statute, but was based on national emergency due to possibility of strike in an industry playing an important part in defense production during the Korean War. (Hicks, D.B. 1996)
In this case the majority of judges favored the arguments that without the existence of a statute and authorization from the congress, the president cannot pass an order for seizure of private property. The argument was given that lawmaking is a function of the congress, which is vested in congress and not in the office of the President. The power of the president to issue an order must be authorized either by Congress or the constitution itself. It is also stated that the procedure used for seizure of industry procedure to solve labor disputes was unauthorized not only by a statute, but also before this dispute in the year 1947 an amendment was rejected by congress which would have given consent for such governmental seizures.
The dissenting justices said that these powers of seizure by the president are extraordinary powers which are exercised in extraordinary times like War. They were of the view that this shall leave the president powerless in those times when he needs it.
The steel companies were successful in obtaining an injunction at the district court level, which was later stayed by the court of appeals. The judges with a majority dismissed the appeal of the defendant and stayed the injunction on the order of the president restraining the seizure of steel mills in the absence of express authority of the Congress and the American constitution.
The dissenting judges stated that the president used his extraordinary powers in extraordinary circumstances and this order shall leave the president powerless in the situations when he needs the power.
(b) the practical problems before a court in deciding the school district integration speed was Desegregation Busing which is a Practice of transporting students to schools in a manner as to redress prior racial segregation of schools, or to overcome the effects of residential segregation on local school .
In the Episode 14 of the Season 1 of The West Wing titled “Take This Sabbath Day”, it is shown that the Supreme Court denies the writ of Certiorari and hence refuses to stay the execution of a prisoner, who has been convicted of murder of two drug kingpins (HubPages, 2015). In this scenario, president Bartlet has to take a decision regarding the commutation of sentence within 48 hours. It is related to the constitutional law of Certiorary. Under this writ, the supreme court has the power to issue directions for the judicial review of the lower court’s decision for the existence of legal error and only when the option of appeal is not available (Uscourts.gov, 2015).
Bush v. Gore
In this case the court had to decide mainly two issues to resolve the case. The first issue was that whether the constitutionality of conducting the recounts. The second was that if the recounts are unconstitutional what the remedy is. This case resolved the dispute surrounding the 2000 presidential elections in United Stats. The court had primarily stopped a recount the court had to decide whether to restart it. (Hasen, R.L. 2007)
The equal protection clause of fourteenth amendment and Article 2 sections 1 clause 2 of the constitution of United States provides that each state legislature will decide how the electors to the Electoral College will be selected. If there is a margin of less than one half of a percent an automatic machine recount is conducted under floridal election code.
It was argued by both the parties that the recounts in Florida violated the equal protection clause of the fourteenth amendment. The state wise standard that each county board to determine whether a given ballot was a legal vote was not present.( Geyerman, G. & Suggs, D. 2004)
It was decided by a majority of five judges that the equal protection clause of the fourteenth amendment had been violated by adopting different standards of counting in different counties.
(b) The fundamental right of equality is involved in this case.
(c) If this case was to be heard by the Supreme Court it would have applied the affirmative test.
In Bush v Gore the court found the recount to violate the equal protection clause because different standards were adopted by the states for counting.
Appraisers are also called “property valuers”. Everyone has e right to receive a fair market value for his property. The term, market value refers to the most feasible price, which a seller should get for his property, if it is brought in an open market with all the conditions required for a fair sale and with the purchaser and seller acting wisely and honestly. This value is determined by the appraisers (Murphy, 2010). The appraiser should be highly qualified and experienced. Either a real estate professional, who is experienced in the real estate business and has essentially acquired a certificate or license in this field can be hired for the purpose in the given case. He must have undergone an appraisal methodology (Reuters, 2014). Or any other appraiser, who fits into the standards specified in Uniform Standards of Professional Appraisal Practice and qualifies the licensing criteria defined by the Appraisal Qualifications Board. Thus, he should be state licensed as well as certified.
Case problem 3: In this case the type of easement involved is Easement by necessity. As in this case Carol claims a right of easement over her land for providing access from the public street. In this case Carol has a valid claim because most of the states give landowners who are not connected to a public road the right to apply for granting a private way over connecting lands. Carol will be successful in her claim for right of easement.(Easement and License. Parol License Irrevocable by Execution. Easement by "Estoppel by Deed", 1919)
Case Problem 4: In this case Carol can sue David for trespass over her property. As the driveway easement had expired six months ago but David continued to use the driveway. As per law the easement terminates after expiration of the term. On expiration person cannot claim the right to easement. (Orth, J.V. 2006)
Practical problem 2:
A copy of a contract for sale of residential real estate from a local real estate broker and the one given in Exhibit 7-1 are similar in the sense that both contain the buyer and seller name at the beginning of the contract and then the 2nd and 3rd parts are also similar. Both contain the details of the property in question and the purchase price and mode of payment respectively. However, the next part differs. The exhibit 7-1 contains the information about the types of loan, which is missing in the local contract. Then the details of earnest money are in both, but Exhibit contains a more detailed form of it. Closing, title and possession details are similar. But, the termite letter is missing in the local contract. Details of agency and brokerage is again more detailed in Exhibit. The notices heading is also missing in the local one. Rest all the things are similar in both.
Practical problem 4:
As mentioned in the § 10-12-3 of The Uniform Electronic Transactions Act, adopted by Georgia, which came into effect from 1 July, 2009 (Appendix 1), electronic signatures are recognized on real estate documents (J. Piercy, 2015). However, there are certain limitations to it, as specified by subsection (b) of this section, which is: such signatures are not recognized for a transaction, if it is governed by:
(1) A law, which governs the creation and execution of codicils, wills or testamentary trusts (Justia Law, 2015);
(2) Title 11 except the Code Sections 11-1-107 and 11-1-206, Article 2, and Article 2A; or
(3) The Uniform Computer Information Transactions Act (Lexisnexis.com, 2014).
(b) Wearever Life Assurance Company, will be the holder of the real estate note and the deed to secure debt that is going to be assumed by the purchaser in connection with this transaction.
(c) My Town, Great County, State is the name of the property sold in this sale.
(d) The seller must obtain 85% of the tenant estoppels.
(e) The purchaser is willing to consent to new leases on the property only subject to terms: base rental should be $ 16 per square foot and common area maintenance charges should be $1.75.
(f) 54,520 net rentable square feet are contained in this agreement.
(g) The closing of this transaction will take place at the offices of Purchaser’s attorneys, Winkom, Blinkholm and Nodd, 1400 Crabtree Place Tower, My Town, State, or any other such location, which will be mutually agreeable to purchaser as well as seller.
(h) The amount of gross rental income from the property, which the seller guarantees are $850,000.00.
(i) Quarterly basis.
(j) Saturday is not a business day.
(l) The Effective Date shall be the last date on which, either the Purchaser or Seller will have executed this Agreement.
(m) Quitclaim deed.
(n) At closing.
(o) The only remedy which seller will have is that the whole deposit will be paid to him in the form of full liquidated damages.
(p) Yes, the purchaser can do so.
(q) Yes, if the amount is anything less than $25,000, the purchaser can terminate the agreement.
(r) Interest bearing.
(s) Ticor Title Insurance Company of California or Chicago.
(t) October 1.
(v) Half by purchaser and half by seller.
(w) Shall be terminated and release will be obtained with respect to them.
(x) Seller will have till delivery.
(y) A credit will be paid to the purchaser for security deposits under lease.
Case problem 1:
The money damages is the difference between the contract price and the property’s market value, which is at the time of default. In the given problem, the contract price is: $1,75,000 and the market value is: $190,000. Thus, applying the rule to calculate the money damages, it will be equivalent to: $190,000-$1,75,000= $1,5000.
Case problem 4:
The rules for the commission of broker imply that a broker earns commission as soon as he presents a person, who fits into the requirements of the listing agreement of the seller. Even if the seller refuses the offer of a purchaser or even if they both go to contract but the contract is not closed due to some reason, the broker is still entitled to a commission (Callahan, D.G., 2006. Hence, in the present case, Honest Broker becomes entitled to a commission as soon as he introduces I.M. Rich to Alice SkinFlint, irrespective of the fact that the deed closed after the expiration of the date specified by SkinFlint in the listing agreement.
Practical problem 4:
Yes, a broker can become a dual agent, meaning thereby an agent both for the seller and the purchaser in the transaction of the same real estate. A dual agent must disclose to both the buyer and the seller that he is acting as such and should also disclose the probable effects of him acting as a dual agent. He must also obtain a written consent for such relationship from both the parties on a form, as given in Appendix 2.
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