Law of Tort
Discovery process in any case helps to determine what happened in the case and aids in thecollection of important data needed to establish theintensity of the case from the parties involved. Depending on the magnitude of the case the parties may decide for an out of court settlement. Also, the discovery process helps in bringing the conflicting parties into aterm for instance agreeing on certain facts and solving minor issues. Thus, the process aids in ensuring the trial process is a fair one and that it runs in a smooth manner without hitches and surprises. Interrogatories involve a series of questions concerning the case to identify the cause of the problem and create a way forward for settling the case. The request fordocument helps to disclose the case proceeding to both the plaintiff and the defendant on the matters concerning the case.
Medical examination aids in proofing some fact and matters regarding the case for instance battery and rape incidence. Deposition helps in ensuring that the parties involved in case record statements and that will be used as evidence in a court of law when judgment will be made. Both the plaintiff and the defendant consent and swear to record true statement concerning the case with the jury in charge of the case. Although the discovery process is beneficial in thecollection of relevant information concerning the case, it may have undesirable effects such as comprising the truthfulness and magnitude of the case by allowing the conflicting parties to dialogue. During thedialogue, one part may receive threats from the other, and this may lead to a miscarriage of justice.
Dudley behaved unlawfully by falsely accusing Patty of stealing cash and disloyalty in front of fellow employees without any prove of his accusation. Instead, he would have initiated aproper investigation to determine the cause of cash shortage. False accusation that Patty is a thief amounts to defamation as this tints Patty’s reputation and may negatively affect her relations both inside and outside the organization. Using force to drag Patty out of her office amounts tobattery as it may cause her injuries. Also by confining her in his office and threatening her he caused the lady intentional emotional distress and denied her the right of movement. The act amounted to a professional malpractice that can be charged in a court of law.
The bilateral trade agreement among the various states encourages free trade and encourages trade procedures and measures that reduce bureaucracy. The trade agreement also calls for free and fair business practices. Therefore, the association of citrus growers from Arizona, Texas, and Florida can use this basis for challenging California’s law that is retrogressive and aimed at suppressing citrus imports. The Attorney General can justify the statute by arguing that all the imports need to be safe for consumer consumption thus it is important to hold the package during the testing period. The association of citrus growers is likely to win this case since all the state freely consented to the trade protocol and introduction of uncalled procedures by California amounts to its breach.
Jurisdiction refers to ageographical location in which a court can exercise its rulinglawfully.Accepting jurisdiction means a court has identified that the person or the company involved in a court battle lies within its jurisdictionand. Therefore, it can execute its mandate. On the other hand rejecting jurisdiction means that the court has found that the person involved is not a resident of it jurisdiction,and, therefore, it has no mandate is exercise its powers. A court may base its decision of accepting or rejecting jurisdiction from the involved parties consent and the constitutional agreements. For instance, a party that lacks confidence in the competence of a certain court may opt for itcase to be determined by another tribunal. As a result, the court will reject its jurisdiction on that party case.
Von Otter act of discrediting Corello as an incompetent musician by saying the sound of his music sounded like mush and that he was ruthless in his act amount to libel, and defamation.The act could have led to dire chargeable at a court of law.Corello reaction of intimidating Von Otter by way of demanding an apology caused him emotional distress that resulted to Intentional tort and this makes Corello guilty.Upon intervention by a fellow violinist Corello hit Von with an oboe that caused him pain an injury, and this amounts to battery and assault.Asthe results of Corello misconduct, he is liable for both compensatory and punitive damages.The compensatory damages will aim at ensuring that the plaintiff secures proper compensation for the damages caused.The punitive damages will be aimed at ensuring that he does not repeat the same in the future and also to deter others from hurting others.
For Bob to recover damages from Famous Hotel and Casino, he must prove that he suffered a loss due to the hotels management failure to offer due care. The hotel could have employed guards to frisk individuals to ensure they are carrying no weapons, and thus it failed in its duty of care. However, Bob could not win the case as gaming money is not classified as legal money,and, therefore, there are no clear guidelines regarding compensation in the event of loss or theft.
When a person visits a friend’s home, the friend is mandated by law to ensure that the visitor remains safe during the visit.As a result, he should compensate him for any damages that may occur to her in the house or the compound. Therefore, Veronica can use this as her basis of recovering damages from Baxter, who is liable and should compensate her for the damages as well as settling her hospital bill.