It’s so fundamental to our legal radiation, because it helps the courts to be more efficient, serving them as a guide, making law more stable and predictable. 2-3. If the use of videotapes as official reports continues will this alter the appellate process? Should it? A. In my opinion it will alter the appellate process, but not by much, because appellate courts look at questions of law and procedure; In other words, It concerns by the trial Judge or by a Jury.
On questions of fact, it can affect the process in the way that the appellate court is now looking at non verbal elements and not Just the testimonies and other evidence presented. I think it shouldn’t affect the process, because their decision should be based only on evidence and by presenting a video the nonverbal or non factual elements of the case shouldn’t have any influence on the appellate court’s decision. 2-4. In what court might Calla’s bring suit-a Florida state court, a Georgia State court, or a federal court? What factors may influence her decision? A.
She could bring a lawsuit in either a Florida state court, since that’s the place the place where the incident occurred; or bring it into a Federal court, because there’s diversity of citizenship and the claim amount exceeds $75,000. However, she might not be able to bring it to a federal court if Florida is the principal place of business of that firm. I think the normal thing is for Calla’s to bring the suit to a state court; since she is resident of that state, and that’s where the accident happened. 3-2. What are some of the social benefits and costs of the contingency-fee system?
A. Some of the benefits are that if the lawsuit is unsuccessful, the client doesn’t have to pay anything to the attorney except for court fees or other expenses occurred by the attorney on his behalf. It also might be possible that since the attorney is getting percentage of whatever his client wins, the attorney will try to get the best possible settlement for his client. In my opinion the benefits of this system do outweigh the costs, at least for the client. 3-5. Should Federal discrimination law also apply to the Jury selection process? A.
I think it shouldn’t in peremptory challenges; first, because the parties don’t have to give any reason for the dismissal of certain individual and discrimination might have nothing to do with their choice for letting the individual go. This process of Jury selection is arbitrary and decision is up to the parties only. As for the initial Jury selection, I think it should. 4-5. On the Fuzziest v. City of New York case; under the equal protection clause, what standard applies to the court’s consideration of this ordinance? How should the court rule?
A. I believe it would be Intermediate Scrutiny, because this case involves discrimination based on gender. Under this standard I think the court should rule in favor of the plaintiffs, because male topless entertainment could also be considered sexual; therefore, I think discrimination exists. 5-2. Can Jim recover damages from Ruth? Why or why not? Superseding Cause. 5-4. On Esposito v. Davis case; what are the factors that indicate whether Davis Owed Esposito a duty of care? What do those factors indicate in these circumstances?
A. The amount of caution demanded of a person, the likelihood that his conduct will injure others, taken with the seriousness of the injury, and balanced against the cost of the precaution he must take to avoid the risk. If the likelihood of the injury exceeds the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence. I believe Davis is responsible because he didn’t have enough precaution by obstructing the flow of the pedestrian. -3. Discuss Colt’s liability in tort. A.
Colt may have strict product liability if Wayne can prove that the product was defective in any way, might be: Manufacturing defects, Design defects, Warning defects, or Foreseeable Misuses. However, they may allege Assumption of risk, Product misuse, or Commonly known dangers. 6-6. On Branches v. Chrysler Corp.. Case; should Chrysler pay for Branches injuries? Why, or why not? A. I think Chrysler should pay for Branches injuries because Chrysler failed to warn their consumers of the risk and injuries that driving close to the air bag could originate.
Branches was unaware of it, therefore, Chrysler is liable. 8-1 . Identify the three crimes, noting the differences among them. A) While passing Junta’s house one night, Sarah sees a portable television set left unattended on Junta’s lawn. Sarah takes the television set, carries it home, and tells everyone she owns it. A. In this case the crime is LARCENY. Because she isn’t breaking and entering, and it doesn’t involves the use of force or fear. B) While passing Junta’s house one night, Sarah sees Juanita outside with a portable TV set. Holding Juanita at gunpoint, Sarah forces her to give up the set.
