Tilikum V. Sea World
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Tilikum V. Sea World
''Tilikum v. Sea World'' (''Tilikum et al. v. Sea World Parks & Entertainment Inc.'', 842 F. Supp. 2d 1259 (S.D. Cal. 2012)) was a legal case heard in the US Federal Court in 2012 concerning the constitutional standing of an orca. It was brought by People for the Ethical Treatment of Animals (PETA) on behalf of Tilikum, an orca kept in the SeaWorld Orlando park, against the SeaWorld corporation. The plaintiff asked the court to rule that the terms of the Thirteenth Amendment to the United States Constitution applied to Tilikum, and thus that the orca's confinement amounted to involuntary servitude or slavery. The court held that the Thirteenth Amendment only applied to persons and that Tilikum was not a person, and so was not afforded constitutional protections. Background Tilikum was a bull killer whale (''Orcinus orca'') bought by the SeaWorld marine park in Orlando, Florida in 1992 to be part of the park's orca exhibit. He was the largest orca in captivity. The other wh ...
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United States District Court For The Southern District Of California
The United States District Court for the Southern District of California (in case citations, S.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The District was created on September 28, 1850, following the passage of the California Statehood Act on September 9, 1850. The state was divided into a Northern and Southern district. The Judicial Circuits Act of 1866 abolished the Northern and Southern districts, re-organizing California as a single circuit district. On August 5, 1886 the Southern district was re-established, following the division of the state into Northern and Southern districts. The district was further divided on March 18, 1966 with the creation of the Central and Eastern districts. The United States Attorney's Office for the Southern District of California represents the United States in civil and criminal litigation in the court. ...
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Keltie Byrne
Tilikum (Document shown in documentary ''Blackfish'' states "born 12/1981". – January 6, 2017), nicknamed Tilly, was a captive male orca who spent most of his life at SeaWorld Orlando in Florida. He was captured in Iceland in 1983; about a year later, he was transferred to Sealand of the Pacific in Victoria, British Columbia. He was subsequently transferred in 1992 to SeaWorld in Orlando, Florida, where he sired 21 calves throughout his life. Tilikum was heavily featured in CNN Films' 2013 documentary ''Blackfish'', which claims that orcas in captivity suffer psychological damage and become unnaturally aggressive. Of the four fatal attacks by orcas in captivity, Tilikum was involved in three: Keltie Byrne, a trainer at the now-defunct Sealand of the Pacific; Daniel P. Dukes, a man trespassing in SeaWorld Orlando; and SeaWorld trainer Dawn Brancheau. Description Tilikum was the largest orca in captivity. He measured long and weighed about . His pectoral fins were long, ...
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SeaWorld Parks & Entertainment
SeaWorld Parks & Entertainment is an American theme park and entertainment company headquartered in Orlando, Florida. The company is a subsidiary of SeaWorld Entertainment Inc. and owns and operates thirteen recreational destinations in the United States, including eight theme parks and five water parks. Notable brands within its portfolio include SeaWorld and Busch Gardens. In May 2018, Themed Entertainment Association and the global management firm AECOM reported that SeaWorld Parks & Entertainment ranked ninth in the world for attendance among theme park companies, led by parks SeaWorld Orlando and Busch Gardens Tampa Bay. History Busch Gardens Anheuser-Busch started its Busch Gardens parks with its Tampa, Florida location in 1959, which is considered the beginning of its Busch Entertainment unit. Tampa was expanded in 1962. A second modern Garden theme park and tropical reserve, was built in 1966 next to the Van Nuys brewery. A third location, Busch Gardens Williamsburg, opene ...
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United States Thirteenth Amendment Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Animal Welfare And Rights In The United States
Animals are multicellular, eukaryotic organisms in the biological kingdom Animalia. With few exceptions, animals consume organic material, breathe oxygen, are able to move, can reproduce sexually, and go through an ontogenetic stage in which their body consists of a hollow sphere of cells, the blastula, during embryonic development. Over 1.5 million living animal species have been described—of which around 1 million are insects—but it has been estimated there are over 7 million animal species in total. Animals range in length from to . They have complex interactions with each other and their environments, forming intricate food webs. The scientific study of animals is known as zoology. Most living animal species are in Bilateria, a clade whose members have a bilaterally symmetric body plan. The Bilateria include the protostomes, containing animals such as nematodes, arthropods, flatworms, annelids and molluscs, and the deuterostomes, containing the echinoderms and ...
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Jeffrey T
Jeffrey may refer to: * Jeffrey (name), including a list of people with the name * ''Jeffrey'' (1995 film), a 1995 film by Paul Rudnick, based on Rudnick's play of the same name * ''Jeffrey'' (2016 film), a 2016 Dominican Republic documentary film *Jeffrey's, Newfoundland and Labrador, Canada *Jeffrey City, Wyoming, United States *Jeffrey Street, Sydney, Australia * Jeffrey's sketch, a sketch on American TV show ''Saturday Night Live'' *'' Nurse Jeffrey'', a spin-off miniseries from the American medical drama series ''House, MD'' *Jeffreys Bay, Western Cape, South Africa People with the surname * Alexander Jeffrey (1806–1874), Scottish solicitor and historian * Charles Jeffrey (footballer) (died 1915), Scottish footballer * E. C. Jeffrey (1866–1952), Canadian-American botanist *Grant Jeffrey (1948–2012), Canadian writer *Hester C. Jeffrey (1842–1934), American activist, suffragist and community organizer *Richard Jeffrey (1926–2002), American philosopher, logician, and pr ...
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Subject-matter Jurisdiction
Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a case, a court must have a combination of subject (''subjectam'') and either personal (''personam'') or territorial (''locum'') jurisdiction. Subject-matter jurisdiction, personal or territorial jurisdictio ...
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Involuntary Servitude
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Jurisdictions Malaysia The Constitution of Malaysia, Part II, article 6, states: # No person shall be held in slavery. #All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes. #Work incidental to the serving of a sentence of imprisonment imposed by a court of law shall not be taken to be forced labour within the meaning of this Article. #Where by any written law the whole or any part ...
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US Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers ( Article II); and the judicial, consisting of the Supreme Court and other federal courts ( Article III). Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. It is regarde ...
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Next Friend
In common law, a next friend (Law French ''prochein ami'') is a person who represents another person who is under age, or, because of disability or otherwise, is unable to maintain a suit on his or her own behalf and who does not have a legal guardian. They are also known as litigation friends. When a relative who is next of kin acts as a next friend for a person, that person is sometimes instead described as the "natural guardian" of the person. A next friend has full power over the proceedings in the action as if he or she were an ordinary plaintiff, until a guardian or guardian ad litem is appointed in the case; but the next friend is entitled to present evidence only on the same basis as any other witness. Uses This disability often arises from minority, mental incapacity, or lack of access to counsel. Consequently, every application to the court on behalf of a minor, a mentally incapacitated person, or a person detained without access to an attorney, who does not have a l ...
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Animal Rights
Animal rights is the philosophy according to which many or all sentient animals have moral worth that is independent of their utility for humans, and that their most basic interests—such as avoiding suffering—should be afforded the same consideration as similar interests of human beings. Broadly speaking, and particularly in popular discourse, the term "animal rights" is often used synonymously with "animal protection" or "animal liberation". More narrowly, "animal rights" refers to the idea that many animals have fundamental rights to be treated with respect as individuals—rights to life, liberty, and freedom from torture that may not be overridden by considerations of aggregate welfare. Many advocates for animal rights oppose the assignment of moral value and fundamental protections on the basis of species membership alone. This idea, known as speciesism, is considered by them to be a prejudice as irrational as any other. They maintain that animals should no long ...
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Dawn Brancheau
Dawn Therese Brancheau ( LoVerde, April 16, 1969 – February 24, 2010) was an American senior animal trainer at SeaWorld. She worked with orcas at SeaWorld Orlando for fifteen years, including a leading role in revamping the ''Shamu (SeaWorld show), Shamu'' show, and was SeaWorld's Poster child, poster girl. She was killed by an orca, Tilikum (orca), Tilikum. Tilikum was also involved in the deaths of two other people: Death of Keltie Byrne, Keltie Byrne and Daniel P. Dukes. Life and career Brancheau was born Dawn Therese LoVerde in Cedar Lake, Indiana, and was the youngest of six children. She set her heart on becoming a ''Shamu'' trainer during a family vacation to Orlando. She graduated from the University of South Carolina with degrees in psychology and animal behavior. Away from work, she volunteered at a local animal shelter, looked after two chocolate Labrador Retriever, Labradors, and kept a variety of stray ducks, chickens, rabbits, and small birds at her home. ...
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