I've done 3 units of this course and managed, but the following questions have me somewhat stumped; any help appreciated....
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Ray and Sal play soccer in a men's senior league. They play one game a week and have a regular practice on Tuesday nights. Ray always drives since Sal's house is on the way to the soccer field. One night, on the way home from practice, a young child darts out from between two cars in pursuit of a soccer ball. Ray slams on the brakes and narrowly misses hitting the child, who has been scooped out of the way by his panicked father. Ray gets out and speaks to the father and is assured that there are no injuries to the child. Ray's car is fine, but when Sal gets out from the passenger's side, Ray notices that he has blood coming from around his mouth and a gash on his forehead. Ray administers emergency first aid to Sal and then drives him the four blocks to the local hospital. Sal is not seriously injured, but he required three stitches for the gash on his head and he's lost several teeth as a result of hitting his head on the dashboard (he was not wearing his seat belt).
Sal's dental bills are $1795, and has has to take two days off work in order to get the dental work done. He files a claim against Ray, claiming that Ray was speeding and as a result of his driving he's liable for the cost of the dental bills. Ray counterclaims, saying that he was not speeding and that Sal's injuries are a result of his not wearing a seat belt.
a) What would the first step be that Sal would take in launching his lawsuit?
b) In which courst would this case be heard? Explain. (My guess: civil court, because the government wouldn't be involved as either defendent or prosecutor)
c) Explain what is meant by a "counterclaim"? What would be the result if it were successful? (I know the first part: "In civil procedure, a party's claim is a counterclaim if the defending party has previously (in the present action) made a claim against the claiming party.". As to what would happen if he were successful, I imagine the original claim would be thrown out; but then, wouldn't that have happened if Sal had lost anyway?).
d) If there was an out-of-court settlement, how would the judge determine the outcome of the case? Explain (absolutely no idea)
e) If you were the judge, how would you decide the case? (I think it should depend on whether Ray was or was not speeding. But perhaps the fact that Sal wasn't wearing his seat belt might affect things?)
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Ray and Sal play soccer in a men's senior league. They play one game a week and have a regular practice on Tuesday nights. Ray always drives since Sal's house is on the way to the soccer field. One night, on the way home from practice, a young child darts out from between two cars in pursuit of a soccer ball. Ray slams on the brakes and narrowly misses hitting the child, who has been scooped out of the way by his panicked father. Ray gets out and speaks to the father and is assured that there are no injuries to the child. Ray's car is fine, but when Sal gets out from the passenger's side, Ray notices that he has blood coming from around his mouth and a gash on his forehead. Ray administers emergency first aid to Sal and then drives him the four blocks to the local hospital. Sal is not seriously injured, but he required three stitches for the gash on his head and he's lost several teeth as a result of hitting his head on the dashboard (he was not wearing his seat belt).
Sal's dental bills are $1795, and has has to take two days off work in order to get the dental work done. He files a claim against Ray, claiming that Ray was speeding and as a result of his driving he's liable for the cost of the dental bills. Ray counterclaims, saying that he was not speeding and that Sal's injuries are a result of his not wearing a seat belt.
a) What would the first step be that Sal would take in launching his lawsuit?
b) In which courst would this case be heard? Explain. (My guess: civil court, because the government wouldn't be involved as either defendent or prosecutor)
c) Explain what is meant by a "counterclaim"? What would be the result if it were successful? (I know the first part: "In civil procedure, a party's claim is a counterclaim if the defending party has previously (in the present action) made a claim against the claiming party.". As to what would happen if he were successful, I imagine the original claim would be thrown out; but then, wouldn't that have happened if Sal had lost anyway?).
d) If there was an out-of-court settlement, how would the judge determine the outcome of the case? Explain (absolutely no idea)
e) If you were the judge, how would you decide the case? (I think it should depend on whether Ray was or was not speeding. But perhaps the fact that Sal wasn't wearing his seat belt might affect things?)
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