What Is The Plaintiff's Burden Of Proof In A Civil Case

Submitted By esalcedo21

Words: 507

Pages: 3

Open Document

BBA 337 ASSIGNMENT 1
ASSIGNMENT 1
SEPARATE YOUR ANSWERS INTO 1) A), B), C) AND SO ON.
Read Negligence lecture 1 (CONTENT).
Answer the Following Questions:
1) a) What is the job of the jury and what is the job of a judge in a civil case?
b) What is the plaintiff's burden of proof in a civil case? Answer this question both by stating one of the two verbal formulas or phrases that describe that the plaintiff's burden of proof and also give the probability number between 0 and 1 that describes the plaintiff’s burden or proof?
c) Compare and contrast the following: Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted, Motion for summary judgment, Motion for directed Verdict, Motion for Judgment Notwithstanding the Verdict (In other words, what is similar about these motions and what is different?)
From Chapter 8 (textbook), read the first five pages up to but not including "res ipsa loquitur".
Read Negligence Lecture 2 (CONTENT) and answer the following questions:
2) a) State the five elements of negligence.
b) Does a person in our society have a “duty to aid” a person in an emergency? Are there any exceptions? Explain.
3) Read Problem number 21 at the end of Chapter 8. (Do not confuse Questions at the end of each chapter, which come first, with problems at the end of each chapter.) Answer Problem 21 by answering FOUR questions (divide your answer into four parts).
First, what is the status of Yania on Bigen’s land?
Second, given his status on the land, what duty did Bigen owe to Yania ?
Third, was the duty violated? Why or why not?
Fourth, should the defendant Bigen be liable to Yania’s widow in negligence; in other words, are all five elements of negligence met?

Let me say, there is no right answer to this case in the sense that I totally disagree with the decision of the judge in this case. What I mean is, I would

Business Law Task 2

Durham 1 Business Law: Task 2 Situation A The U.S Department of Labor has a wage and hour division that manages and enforces the Family Medical Leave Act. The FMLA gives eligible employees employed by qualified companies up to twelve weeks of unpaid, job protected leave in a twelve month period, with continuation of group health insurance if it applies. Employees that are eligible may have authorized leave for the birth or adoption of a child or placement of a child in foster care, demands…

Words 1022 - Pages 5

A Guide to 4 Step Process Essay example

Company Law for Business 266 HOW TO ANSWER QUESTIONS USING THE 4 STEP PROCESS Company Law for Business 266 Assessment Criteria Students will be assessed on the following components: Demonstrate an understanding of the relevant law. Apply relevant law to the facts of the problem question. 1. 2. CRICOS Provider Provider Code Code 00301J 00301J Company Law for Business 266 The 4-steps process 1. 2. 3. Identify the area of law; Discuss the relevant legal principles; Apply the relevant law to the…

Words 1437 - Pages 6

BBA 204 FINAL COURSE PROJECT ASSIGNMENT Essay

Legal Guidelines for Business Managers By: [Karen Allen] Date: [October 31, 2014] Contents Introduction to Law and Business Ethics and Social Responsibility------------------------- -3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms-------8 Business and the Constitution and Administrative Law---------------------------------------12 Business Crimes, Business Torts, and Product Liability--------------------------------------15 Contracts------------------------…

Words 7526 - Pages 31

Active Killer Incidents

________________________________________________________________________________ Stakeholder: Persons in area of danger (business/school) Question or Concern: What should a person in the area of danger know about the incident Key Message 1: Key Message 2: Key Message 3: Safety of all involved Law enforcement will Actions person and public is main…

Words 231 - Pages 1

intermediate accounting 2 test bank Essay

Alternative Dispute Resolution A Conflict Diagnosis Approach Coltri 2 American Destiny Narrative of a Nation, Concise Edition, Combined Volume Carnes 3 American Destiny Narrative of a Nation, Concise Edition, Volume 2 (since 1865) Carnes 3 American Journey:The Volume 1 (Chapters:1-16) Goldfield 4 American Nation, The A History of the United States, Volume 1 (to 1877) Carnes 13 American Nation, The A History of the United States, Volume 2 (since 1865) Carnes 13 An Experiential Approach to Organization…

Words 8328 - Pages 34

Legal Expligations Of Small Business In Victoria

Operating a small business: Internet-based activities These activities should help you gain an understanding of the legal obligations of small businesses in Victoria, namely laws relating to consumer protection, equal employment opportunity, occupational health and safety and environmental protection and the decisions that business owners and managers must make in order to ensure compliance with current laws in these areas. Part A: Consumer Affairs Victoria, business licensing and consumer…

Words 1157 - Pages 5

Common Law and Pg Essay

1 – 5 is worth 2 pts. 1. What is law? Briefly, list and describe the sources of business law. Law is rules of conduct, defining rights and responsibilities (Chapter 1, pg. 2). Business law is the rules of conduct between buyers and sellers. There are several sources for business law. A. Constitutional low refers to the ‘laws’ within the federal and state government. The laws are interpreted from the federal and state written constitution (Chapter 1, pg. 3). B. Statutory laws are ‘statutes’…

Words 1083 - Pages 5

The Role And Functions Of Law: Law 421

The Role and Functions of Law Law/421 January 5, 2015 Role and Functions of Law refers to the body of binding rules and regulations set to controlled by the federal or state government. Handling disputes, regulating with conducts, as well as controlling accounting actions in the business society. Roles of Law Law plays substantial roles in bookkeeping as well as income taxation consultation business in enhancing free from any liability attached to the breach of the predefined tax and bookkeeping…

Words 347 - Pages 2

Study Guide To Accompany Canadian Business And The Law

Study Guide to accompany Canadian Business and the Law, 5th edition Chapter 2 CHAPTER 2 THE CANADIAN LEGAL SYSTEM Objectives After studying this chapter, you should have an understanding of • the impact of the Canadian legal system on business • the role of constitutional law in protecting commercial rights and freedoms • the government’s law-making powers under sections 91 and 92 of the Constitution Act, 1867 • the executive’s formal and political functions in regulating business • the judiciary’s role…

Words 5659 - Pages 23

Role and Functions of Law Essay

Functions of Law Eduardo Aguayo LAW 421 September 18, 2014 Richard Burgoon Role and Functions of Law In the introductions of law, we study what are the purpose and the importance of this science to people and businesses. In this essay I will cover the first most important aspects of the introduction to this science discussing terms and ideas of the roles and functions of law. The term law, throughout history, has been defended in a variety of ways. The most generally definition of the law is a body…

Words 1331 - Pages 6