Bob lives in the State of Idaho. Mary lives in the State of Maryland. Bob was on a trip and having fun with his son, Bob Jr. and his wife Gail. The Bobs were driving in the State of Nevada, when they came upon Mary driving her car. Mary appeared to be having trouble driving her car . There was an accident and all parties were injured. Bob wants to sue Mary for damages. Where can suit be brought and why? Cite your authority from the text with page numbers. Does Mary have any control over where suit can be filed. Just prior to trial, the witness officer, was killed in the line of duty so the Bobs lost the suit. The officer was to be a witness for Bobs. The suit was in the media, and after the Bobs appealed the case, a witness, Maybe Ann, came forward and stated that Mary was texting at the time the accident occurred. Should Maybe’s testimony be heard and allowed? Two months after the trial it was determined that the accident had caused injury to Mary’s brain which will cause Mary to loose her sight. Mary wishes to file suit against Bob. Where can she file suit? Are there any reasons why she can or cannot file suit?
Is it reasonable for appellate courts to not hear new evidence in an appeal? Should new available evidence be grounds for appeal? In many cases additional evidence is available by the time of the appeal. If this is the case, wouldn’t justice be best served by allowing the appellate court to consider it? And even if there is no new evidence available, should the appellate court be able to reconsider the trial evidence and impose a different verdict from that of the jury?
If new evidence could support an appeal, no case would ever be final. The parties would always have to worry that the other side might find new evidence. The appellate court cannot hear new evidence because there are no juries at the appellate court level, and the evidence would likely involve factual matters. Lastly, if the appellate court could replace jury verdicts with its own fact finding, it would be usurping the role of the jury. Would it be different if the trial was by a Judge. Does Mary have a right to a trial by jury?
State what your views are on the purpose of the appellate courts. Where do courts get their power? Do the states have the same court structure and rules? Is there a right to an appeal? Is this a constitutional right?
Separate your answers under the heading that applies. Issue Rule Application Conclusion
Learning Activity #2
In response to escalating school violence, the Cool County School Board is considering adopting a multifaceted policy to address school safety. The draft policy contains the following provisions:
1. Elementary schools shall provide instruction in moral values, including, but not limited to, the study of famous moral leaders such as Buddha, Ghandi, Jesus, Martin Luther King, Jr., Mohammed, and Moses.
2. Students deemed by administrators to be at-risk for violent behavior shall be referred to counseling. Such student’s desk and computer may thereby be searched and such information may be used in such evaluation, or for any other purpose. At the discretion of the parent or guardian, counseling will be provided either within the public school system, or vouchers will be provided to pay up to $2,000 per annum for private counseling with a licensed social worker, psychiatrist, psychologist, pastoral counselor, or ordained clergy person.
3. Local school administrators shall conduct periodic unannounced searches in middle and high schools. Such searches shall involve lockers, backpacks, and purses selected on a random basis. In addition, hand-held metal detectors may also be used to check students for weapons. In an addition teachers and employees are subject to the same searches along with all computers on the premises. DUI or DWI check stops will be conducted at all school events. In addition, The state highway administration will have said traffic stops on the state highway in front of the school, at times deemed necessary.
Assume you are the attorney for the County School Board and the State Highway administration. Discuss the advice that you would give them as to the potential State and Federal constitutional challenges to these provisions and the likely outcomes of such challenges. Discuss all possible legal concepts and how and why they should be applied to the facts. Remember to cite the text with page numbers and any other legal resources. Is there anything wrong with the statute? If so what part and why?
