Does a precedent system operate in your social group, at work or in making your

Question

Does a precedent system operate in your social group, at work or in making your personal decisions? Explain.

Burglar Bob breaks into Vince Victim’s house. Bob steals a flat screen television and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police. Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case? (Essay Question 1, Chapter 1)

Kuehn v. Pub Zone and Soldano v. O’Daniels both involve attacks in a bar. Should they have the same result? If so, in which way – in favor of the injured plaintiffs or owner defendants? If not, should they have different outcomes? What are the key facts that lead you to believe as you do? (Essay Question 5, Chapter 1)

In the Tony Caruso case described throughout Chapter 3, the defendant offers to settle the case at several stages. Knowing what you do now about litigation, would you have accepted any of the offers? If so, which ones? If not, why not? (Discussion Question 1, Chapter 3)

5. Which court{s) have jurisdiction as to each of these lawsuits – state or federal? Explain your reasoning with each.

Pat wants to sue his next-door neighbor, Dorothy, claiming that Dorothy promised to sell him the house next-door.

Paula, who lives in New York City, wants to sue Dizzy Movie Theatres, whose principal place of business is in Dallas. She claims that while she was in Texas on holiday, she was injured by their negligent maintenance of a stairway. She claims damages of $30,000.

Phil lives in Tennessee. He wants to sue Nick who lives in Ohio. Phil claims that Nick agreed to sell him 3,000 acres of farmland in Ohio, worth over $2 million.

Pete, incarcerated in a federal prison in Kansas, wants to sue the United States government. He claims that his treatment by prison authorities violates three federal statutes.

(Essay Question 2, Chapter 3)

Explanation / Answer

1. The concept of precedent is generally used in case of common law systems, as judges are obliged to be consistently reasonable with the past judicial decisions for the similar issues. Decision of a particular case acts as a guideline and becomes the precedent for subsequent cases involving similar facts and disputes.

Similar to this, precedent system also operates in our routine life like at home, office, or social group. For example, in case of social group, if a person is found to be violating any norms and guidelines established by the group, then his/ her punishment is decided by viewing the similar cases taken place in past. Similarly, at work if an employee or manager is found to be violating certain polices established by the company, then any course of action taken on the employee would be based on past cases which shares similar characteristics.

2. In the given situation, the victim i.e. Vince would be responsible for bringing the civil case in the court. The victim would be required to sue Bob for the burglary and vandalism. In the civil case, if Vince wins, then he would be eligible for monetary award like restitution.

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