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Rules of Civil Procedure

Apply the Rules of Civil Procedure to a Case Scenario

One night an over-the-road truck driver, Joe, was driving on I-70 around 11:00 p.m. All of the sudden Joe noticed that there was a car in the middle of the
highway with no lights on. Joe attempted to swerve at the last minute to avoid a collision but ended up clipping the corner of the passenger’s side of the
back bumper of the vehicle causing it to spin. Along comes John,, from around a curve, sees the car and swerves missing the car entirely. However, in doing
so he ran over Greg, a passenger in the vehicle, dragging him over 100 feet. Greg was found dead. The coroner determined that it was most probable that
Greg was dead before John ran him over. An expert in traffic accident reconstruction determined that the impact of Joe’s truck with Greg’s vehicle could
have launched Greg from the car and into the road. Greg’s family, his mom, dad, 5 year-old son and the son’s mother all filed a complaint against Joe and
John for wrongful death.
The evidence at trial established the following:
John is a stock car driver and the car he was driving that night could exceed 120 mph.
Joe had driven from Pennsylvania to Oregon and was driving back to Pennsylvania the night of the accident. You also learned that Joe had cheated on his
log book in the last 2 years.
Greg had not had a job for at least 6 months, has been in prison, and had never paid child support for his 5-year-old son.
Greg was close to his mom, but he had been estranged from his father for the last 2 years. Greg’s mom and dad see his 5-year-old son on a regular basis.
Greg and his son’s mom were never married, nor did they live together.
Greg had not had a job for at least 6 months, has been in prison and had never paid child support for his 5-year-old son.
Greg never graduated high school but did have some vocational training in automobile repair.
Within the last 6 months, Greg had been working on getting his GED certificate.
Greg’s mom babysits Greg’s son when his mom works. Greg is often present when his mom babysits his son.
Greg has been living with his parents over the last year and a half. Greg has not contributed money to pay rent, buy food, or pay any other living expenses.
John is a resident of Pennsylvania.
Joe is a resident of Missouri.
Greg, his mom, dad, and son are residents of Kansas.
Greg’s son’s mom is a resident of Kansas.
The accident occurred in Missouri.
Use these facts, and any additional facts you need to add in, along with legal research from your state to complete the following:
Draft a complaint on behalf of Greg’s son for the jurisdiction in which you would file the suit.Analyze whether a Motion for Summary Judgement would be
successful in this case.Assume that either the coroner or the accident reconstructionist is not going to be available to testify at trial, draft 10 deposition
questions you would ask to preserve the testimony for trial.Prepare an opening statement on behalf of Greg’s son.Determine which jury instructions you
would need to submit to the court.Assume that you are a juror hearing this case. What would be your decision in this case? Please provide your
reasoning.Assume that the jury finds in favor of Greg’s son. Determine the type of damages that should be awarded, and then explain why.Assume the
defendants are found guilty. Then determine, what, if any, criminal charges would be available to the state.
Length: 5-8 pages
Your assignment should demonstrate an understanding of legal writing, as well as the differences between legal writing and academic writing. It should
demonstrate thoughtful consideration, a good understanding of the substantive content, and your ability to communicate information clearly, effectively, and
in an appropriate tone. Your response should reflect graduate-level writing and BLUEBOOK standards for formatting and citation.

Apply the Rules of Civil Procedure to a Case Scenario

Sample Solution

ase study will address the concept of inflation – the rise in average level of prices sustained over time that corresponds to a fall in the internal (domestic) purchasing power of money – with regards to Venezuela. The goal here is to explore several trains of enquiry in order to critically evaluate the impact inflation has had – and may potentially have – on the national income and economic growth of Venezuela. As it stands, Venezuela’s inflation rate – 282972.8% – significantly exceeds that which holds 2nd position – Zimbabwe -175.66% (WorldEconomicForum 2019). In order to better decipher the notable disparity in inflation rates between Venezuela and the rest of the world, several areas will be analysed. This macroeconomic issue will be addressed with regards to challenges surrounding it alongside any potential benefits, it’s impact on the labour market, it’s fiscal impact in terms of taxes and government spending and potential policies that could be implemented in hope of combating it. Venezuela holds the highest recorded oil reserves in the world – possessing approximately 300 billion barrels – even surpassing Saudi Arabia. Evidently, oil is one of Venezuela’s most valuable commodities accounting for 95% of Venezuela’s exports and 25% of its gross domestic product (Independent 2018). However, during a period of time in which the global price of oil dropped, foreign demand to buy Venezuelan oil dipped simultaneously. A key factor that lead to Venezuela’s current crisis, is evidently their sole dependence on a single commodity – oil. As University of Florida’s Gamarra explains, this means “you are bound to the ups and downs of the oil price,”. Without a range of high value added assets, an economy lacks diversity and is vulnerable to ‘moments of downturns in your principal commodities (CNBC 2019).’ On an individual basis, hyperinflation renders any savings worthless due to its eroding impact on money. Consequently, people may hoard goods for instance, food due to the soaring prices. Situations such as these may lead to shortages of food supply, contributing to the issue further.
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