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Bus Law

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Submitted By businessrisk
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Bus Law II
Writing Assignment
Due: September 18, 2014
NO. 3
This is the case of Joe vs. Sam. Joe was driving with his wife which, was in the passenger seat. Joe carelessly rear-ended Sam’s truck, shattering a taillight. Both Joe and Sam got out of the vehicles and Sam, who was incensed, approached Joe with his fists raised. He hit Joe’s dog instead of Joe. Joe was very emotionally distressed at having his dog hurt, and broke Sam’s nose. Sam pulled out a handgun and shot Joe.
Sam would receive compensatory damages for Joe’s careless driving when he rear-ended Sam’s truck. Joe failed to exercise the standard of care that a reasonable person would exercise in similar circumstances by hitting the vehicle and breaking his nose. But at the same time, Joe would receive compensatory and punitive damages for Sam shooting Joe. Sam did unnecessary damage to Joe by shooting him. Sam committed assault even though he did not actually hit Joe. Sam created a reasonable fear of immediate harmful when his fists were raised in the air. In Sam’s defense, he could tell the court that he did not have Mens Rea to actually hit Joe sense he actually hit his dog instead. When Sam hit Joe’s dog it made Joe become very emotionally distressed, which is the tort of infliction of emotional distress.
Joe committed assault and battery when he broke Sam’s nose. Since Sam hit his dog, he could say that he was protecting his family. There are probably a few juries that allow protecting your pet a family member also, since Joe was emotional distressed. There could be money damages taken out for that too. I believe this is a good way of self defense to the battery.
According to CNN’s law table from 2012, you are justified in using deadly force, with no duty to retreat, when you reasonably believe that such force is necessary to prevent death or great bodily harm to yourself or another or to prevent the imminent commission of a forcible felony (CNN Self Defense Laws). This could be done in Florida anywhere you legally have the right to be, so long as you are not engaged in unlawful conduct. Thus, the question is: Does Sam reasonable believes that such force from getting his nose broken enough to pull out gun? I believe that a broken nose is not enough to pull out a weapon of any sort. Also, Sam was already engaged in a unlawful conduct when he swung first towards Joe.
The Florida Statue, which has been updated, 776.012 states the protection in self defense is when a person uses force, except deadly force… However, in 776.013 to use deadly force it would have to be dealing with a dwelling, residence, or vehicle. Since both parties left their vehicles, neither would get stand your ground. So, when it comes to Sam shooting Joe he could be taken in for attempted murder in the 2nd degree.
This situation could have definitely been taken a better way. They could have just called a cop to settle it. Sam shooting Joe is superseding to a broken nose. I still wonder why Joe would have his dog in his arms when he came out of the car. To finalize my conclusion, Joe would lose in a civil suit and Sam would lose in a criminal suit.

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