Please read and do the following questions at the end. Please demonstrate each question thoroughly.
FACTS: Morgan and Bud Wiesr are involved in a head-on collision early one morning. As a result of the collision, Morgan’s car is destroyed, she suffers a neck injury and her purebred poodle is killed. There is some indication that Bud was under the influence of alcohol when the accident occurred. Morgan is a resident of Oregon, and Bud is a resident of Washington.
The state of Oregon has three state statutes that will be applied to any lawsuit that arises from the collision: 1. In a civil suit the defendant must file a response to the plaintiff’s complaint within 30 days of being served with a copy of the complaint. 2. A person who negligently causes injury to another person must compensate the injured party for the harm he or she suffered. 3. A person who operates a motor vehicle a public road with a blood alcohol concentration of .08 or more is guilty of Driving Under the Influence.
* For the Oregon courts use the state trial court subject matter jurisdiction presented in the Chapters 1&2 summary.*
1. Identify each of the above state statutes as either procedural or substantive law?
Both the State of Oregon, represented by the District Attorney, and Morgan file lawsuits against Bud.
2. What type of liability might Bud have incurred; civil, criminal or both? Explain your answer.
Morgan civil suit against Bud requests $85,000 in damages.
3. What court should Morgan file her lawsuit in? Explain your answer.
4. Can Bud have Morgan’s lawsuit moved into federal court? Explain your answer.
5. Assuming that Driving Under the Influence is a misdemeanor, what court should the Oregon District Attorney file criminal charges in?
In addition to the money damages, Morgan has also requested a court order that requires Bud to attend weekly Alcoholics Anonymous meeting for six months.
6. What type/types of civil remedy (relief) is Morgan seeking? Explain your answer.
7. Who will determine the amount of damages Morgan will receive: Judge or Jury?
8. Who will determine if the court order she requested will be issued; Judge or Jury?
9. Briefly explain the process Morgan will have to go through to initiate her suit.
10. What will the standard of proof be in Morgan’s suit?
11. What is the standard of proof in the District Attorney’s case?
(There is a second page to this assignment.)
At trial Morgan prevails and is awarded $78,000. 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 Morgan crossed the centerline and ran into him. Bud appeals the civil court verdict.
12. In what court should Bud file his appeal?
13. Will the appellate court consider the Sue’s testimony? Explain your answer.