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Business Law Essay

In: Business and Management

Submitted By treycuber
Words 847
Pages 4
Austin Friend
Business Law 1
Prof. Brown
Essay 1

Shannon taking the pain medication and operating a vehicle against the advice of her doctor caused her to hit a passenger in another vehicle, seriously injuring that person. In a court of law the Plaintiff in this case would be would be the passenger in the vehicle that was seriously injured and the defendant would be Shannon. Because of the passenger’s injury she would initiate a lawsuit, making her the plaintiff. Shannon in this case is the defendant, the reason for that is because she is the accused person in the lawsuit.
This case would be held in a state court. Although federal courts are located in every state, they are not the only forum available to potential litigants. The vast majority of legal disputes in American courts are addressed in the separate state court systems. Federal courts are courts of "limited" jurisdiction because they may only decide certain types of cases as provided by Congress involving federal questions or diversity of citizenship as identified in the Constitution. Therefore Federal courts generally hear cases of constitutional nature or disputes between states.
The Civil Court of original jurisdiction would have jurisdiction over this cause of action. Civil court is preponderance on the evidence as opposed to criminal court which is proof beyond a reasonable doubt. In addition, the party who brings the suit is the person who suffered harm in civil court. If the state was the party who brings the suit, the case would be handled in criminal court. * Required elements for the tort of negligence’s are Duty, which was to follow the Physicians order to not drive while under the influence of the medication prescribed. Shannon operated a vehicle under the influence of medication even though her physician warned her not to do so. Breach, knowing Shannon was under the...

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