Embry Riddle Aeronautical Accident Reports and Insurance Claim
Please redo the attached IRAC analysis using the below information. A. What is required to complete assignment 1.7:
Case I: Use the IRAC Format to answer the following issues:
1. Does this accident belong in court? If so, why? (This question: Why is this action (car accident) being filed in court rather filing an insurance claim?
2. Does it belong in a non-judicial forum? If so, which one? If not, why not? (What alternatives options are available to a trial).
3. From a jurisdictional perspective, what court is best suited to hear the case?
4. (This should not be a number 4, it’s a continuation of (3))The Florida Federal District or Georgia Federal District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it cannot?
5. How does the court obtain the power to hear a case?
6. What are the standards for review?
B. The below questions are Civil Procedure issues that should be addressed in the IRAC form:
(Points 1, 2, and 3 are instructional to determine their application to the case) (1) Analyze the Case Study facts using the IRAC format. (2) Respond to all questions in the Case Study. (3) Include in your evaluation the application of the following Legal Concepts to the case studies):
(Treat (a, b, c, e, f, g, as question 7)
(a)Justiciability; (b)Comity;(c)Competence;(d)Jurisdiction; (e)Venue; (f)Amount in Controversy; (g)Discovery, as well as any other statue, regulations applicable.
(3 and 4 are instructional)3) Determine the basis (i.e., torts, negligence) of the lawsuit. (4) What are the Standards for filing a lawsuit?
Standards for filing a lawsuit
Case II: Using the IRAC Format answer the following issues:
1. What is the initial requirement she must meet to file a lawsuit?
2. What statute(s) apply to this situation?
3. Who is responsible for the enforcement of the regulations controlling the issues in this case?
4. Who has a right to file a complaint against the landfill?
5. Does she have any rights against Big City?
6. Who should she sue, and why?
7. The filter company?
8. The enforcers of the statute?
9. Can she collect damages?
10. From whom?
11. Under what legal theories?
12. Is the filter company’s report creditable evidence that the landfill is at fault?
13. What could the landfill do to prove the discharge is not their fault?
14. What is the standard measurement for clean water?
15. If Big City legally shows that the particles are a nuisance but do not violate the law, would that establish a defense to Jane’s lawsuit?
16. Under what legal theory?
Utilize the case studies in the next tabs on this page to complete this assignment. You will refer to the IRAC elements to fill in the information on the worksheet. Listed below is the rubric for you to consult while completing this assignment. The focus of this exercise is on the procedure of case analysis. This assignment is designed to give you an opportunity to apply legal analysis to a case.
property damage and personal injuries
(I) Abe Chevy, a resident of South Florida, drove onto I-95, heading North to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, “Macon 25 miles” and realized he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, “maybe I am getting a little tired.
” Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The driver of the truck worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen.
Standards for filing a lawsuit
He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe’s injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the District court in Georgia. Abe’s attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim, or insurance demand: