Eastern Oregon University Substantive and Procedural Law Supplements HWSchool

Eastern Oregon University Substantive and Procedural Law Supplements HWSchool

Eastern Oregon University Substantive and Procedural Law Supplements HWSchool

Eastern Oregon University

Question Description

FACTS:Mother/Baby and Bud Wiesr are involved in a head-on collision early one morning.Baby is killed in the accident.Neither of the drivers has any memory of the accident.There is some indication that Bud was under the influence of alcohol when the accident occurred.Both drivers are residents of Idaho.

The state of Idaho has three applicable statutes: 1. A person who negligently causes injury to another must compensate the injured party for the harm he or she suffered.2.All personal injury suits must be filed in the county where the injury was incurred.3. A person who, while under the influence of alcohol, causes an accident that results in the death of another is guilty of vehicular homicide. * For the Idaho courts use the subject matter jurisdiction presented in the Chpts 1&2 summary.*

PART I.

1.Identify each of the above statutes as either procedural or substantive law?

In a press release, the District Attorney announces that Mother has filed suit in the case but his office will wait for the results of a blood test before deciding whether or not to file charges in the case.

2.What type of liability might Bud have incurred? Civil/Criminal/Both

Mother files her suit in Idaho District court alleging $875,000 in damages.

3. Does the Idaho District Court have subject matter jurisdiction in the case?Why or Why not?

4.Assuming that vehicular homicide is a felony, what court should the District Attorney file criminal charges in?

Mother is requesting damages of $875,000 and an order restraining Bud from ever entering a tavern.

5.What type/types of remedy (relief) is Mother seeking?

6.Who will determine the amount of damages Mother will receive?

Judge or Jury

7.Who will determine if the restraining order should be issued?

Judge or Jury

8.Briefly explain the process Mother will have to go through to initiate her suit.

9. What will the standard of proof be in Mother’s suit?What is the standard of proof in the District Attorney’s case?

At trial Mother prevails and is awarded $675,000.Nine weeks later, Sue comes forward and says that she saw the accident. Sue says that it looked to her as if Bud was parked along the road and that Mother crossed the centerline and ran into him.Bud appeals the civil court verdict?

10. In what court should Bud file his appeal?

11.Will the appellate court consider the Sue’s testimony?

(There is a second page to this assignment.)

PART II:Is the law substantive or procedural?

  • All school buses are required to stop at railroad crossings.
  • A person must be 21 years of age to purchase alcoholic beverages.
  • A defendant has 30 days from the date of service of a summons to respond to the court.
  • All cars built for sale in the U.S. must be equipped with seatbelts.
  • An appeal of a trial court verdict must be filed within 90 days of the court verdict.
  • Property owners must clear their sidewalks within 24 hours of a snowfall.

PART III: Identify the following as a question of law or fact.

  • Was the manufacturer’s product unreasonably dangerous?
  • Is a contract created by a minor legally enforceable?
  • Does a university policy restricting demonstrations on campus violate the First Amendment to the Constitution?
  • Did the defendant intentionally strike the plaintiff?
  • Were the defendant’s headlights on at the time of the accident?

PART IV: Which of the following could be heard by a federal court?(In which would the federal court have subject matter jurisdiction?)Assume all applicable law is state law unless otherwise noted.

1.Mike is a resident of Idaho and Howard is a resident of Oregon.Mike tells his roommate that Howard regularly cheats on his wife.The statement is untrue and Howard sues Mike for slander claiming $30,000 in damages.

2. Dixi is a resident of Washington and Terry is also a resident of Washington.Dixi defrauds Terry in an investment scheme.Terry sues Dixi alleging $84,000 in damages?

3.Becky is a resident of Oregon and Jill is a resident of Oregon.Federal law prohibits employment discrimination based on hair color.Jill is a redhead and believes that Becky did not hire her because of her hair color.Jill sues Becky alleging $6,500 in damages?

4. Hank is a resident of California and Bill is a resident of Nevada.Hank is crossing the street and is accidentally run over by Bill.Hank sues Bill claiming $250,000 in damages.

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