Question

Answer the following questions and submit answers in Microsoft Word. Be sure to fully answer each question. 1. Does a precedent system operate in your social group, at work or in making your personal decisions? Explain. 2. Burglar Bob breaks into Vince Victim’s house. Bob steals a flat screen television and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police. Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case? (Essay Question 1, Chapter 1) 3. Kuehn v. Pub Zone and Soldano v. O’Daniels both involve attacks in a bar. Should they have the same result? If so, in which way – in favor of the injured plaintiffs or owner defendants? If not, should they have different outcomes? What are the key facts that lead you to believe as you do? (Essay Question 5, Chapter 1) 4. In the Tony Caruso case described throughout Chapter 3, the defendant offers to settle the case at several stages. Knowing what you do now about litigation, would you have accepted any of the offers? If so, which ones? If not, why not? (Discussion Question 1, Chapter 3) 5. Which court{s) have jurisdiction as to each of these lawsuits – state, federal or both? Explain your reasoning with each. (a) Pat wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised to sell him the house next-door. (b) Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is in Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of a stairway. She claims damages of $30,000. (c) Phil lives in Tennessee. He wants to sue Jim who lives in Ohio. Phil claims that Jim agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million. (d) Pete, incarcerated in a federal prison in Kansas, wants to sue the United States government. He claims that his treatment by prison authorities violates three federal statutes. (Essay Question 2, Chapter 3)

Answer 1

1) In my very own life, when I'm deciding, considering the result of those past choices, I mull over every one of the components and choose what I feel is the most sensible choice in view of everything that I consider. It may not generally line up with how I already chose something, on the other hand it might. So, I would state that I don't have a point of reference framework.

2) When a wrongdoing is submitted there are numerous moves that need to make put not just by the casualty and his or her legal counsellor, yet additionally by the administration to convey the attacker to equity. Much of the time when the law is broken and there is a casualty required, there are two unique cases that will happen, a common case and a criminal case. At the point when Bob the Burglar broke into Victim Vince's home, he stole things including a level screen TV and a PC. Alongside the robbery, Bob the Burglar incurred an overwhelming sum of damage on the property. Vince happened to have a security framework set up that could catch pictures of Bob carrying out the wrongdoings that night. Because of the violations that have been submitted by Bob the thief, there are a couple of activities that should occur, so equity is served. There should be a common claim held amongst Bob and the Victim Vince and a criminal claim amongst Bob and the state. The gathering that oversees conveying the common case to court would be the casualty, Vince, and his legal counsellor. As expressed in the book "Common law directs the rights and obligations between parties." (Beatty, Samuelson, and Ivonne, 2015).The likely result of the common preliminary if the jury trusts that Bobis liable of burgling Vince's home would be the granting of cash to Vince for harms and torment and enduring that may have been caused as a result of the wrongdoing. The gathering that is in charge of bringing the criminal case is the administration, which will be the indicting party against Bob the Burglar. The result of the criminal preliminary if the jury trusts that Bob is blameworthy of Burgling Vince's home is imprison time and conceivable fines. Fines that are gathered because of any criminal cases go straight to the state rather than the casualty.

3) I trust that in the two cases the casualties should win the case because in both, the proprietor litigants neglected to act or implement their own guidelines. In spite of the fact that in Soldano v. O'Daniels, it is a minimal harder on the grounds that I don't trust he has any commitment to give Soldano a chance to utilize his telephone, however I do feel that he has a commitment to at any rate call the police himself and that is the place I feel he lost the case.

4) Defendant offers to settle the case at a few phases. On the off chance that one would be at the place of offended parties, he ought to acknowledge the respondent's offer of $1 million preceding the preliminary. The preliminary costs a considerable measure of time.

5) (a) The state preliminary court of general purview may hear the case. There is no government court locale. (b) The general preliminary court of Texas has ward over this case. There is no government court assorted variety locale because the cash the offended party looks for in harms is under $75,000. (c) Ohio's general preliminary court has locale, since the topic of the question, the land, is situated in Ohio. The United States District Court has simultaneous ward, in view of decent variety. The gatherings live in various states and the sum being referred to is over $75,000.