ALoiselle_111923_Mod2Written Assignment

.pdf

School

Rasmussen College, Saint Cloud *

*We aren’t endorsed by this school

Course

1

Subject

Law

Date

Jan 9, 2024

Type

pdf

Pages

3

Uploaded by MegaBee3950

Report
SAMPLE MEMORANDUM TO: Professor Laney FROM: Amnesty Loiselle DATE: November 19th, 2023 RE: Matter of Smith v. Kramer ________________________________________________________________________ FACTS The facts of this case are that Kramer and his friends attended a party together. When the party was over they all decided to leave together and Kramer was at the wheel when the accident occurred and he lost control of the car, ran off the road and hit the tree. The passengers were Elaine, Jerry, and George. At the scene of the accident George was pronounced dead and the other passengers Elaine, Kramer and Jerry received non-life threatening injuries. ISSUE(S) PRESENTED According to Tennessee criminal statutes, what possible crimes might Kramer be charged with? According to Tennessee criminal statutes the possible crimes that Kramer might be charged with are: for a first violation they would get a minimum sentence of forty-eight consecutive hours incarcerated and would not be released until that forty-eight hours is up, no eligibility for parole. If Kramer has 2 or more alcohol related violations he could receive 120-150 consecutive hours incarcerated and would not be released until that 120-150 hours is up, no eligibility for parole. According to Tennessee statutes, what type of damages are recoverable in a wrongful death civil lawsuit? According to Tennessee statutes the damages that are recoverable in a wrongful death civil lawsuit would be any expenses, such as a funeral to be covered. The party that is suing can also receive the right of needing to recover from the loss of their family member or friend, also the loss of time they are missing out on from losing that family member or friend. ANALYSIS
Tenn. Code Ann. § 39-13-213 Vehicular homicide is defined as the reckless killing of another whether it be in an automobile, airplane, vessel, or other motorized vehicle. This can happen by someone being intoxicated, either by alcohol or drugs, killing an employee in a construction zone, and any careless driving that results in death. Tenn. Code Ann. § 20-5-113 The types of damages that are recoverable in a civil action for wrongful death are as follows: The party that is suing, if entitled to damages, can receive the right to recover from the physical and mental suffering of their loss, loss of time, and any expenses that the family/friends must pay for because of the death of their family member/friend. In a criminal case, a government prosecutor's job is to seek those individuals responsible for actions that violate the law and hold them responsible. In a civil suit, a private individual, group, or organization will seek financial compensation for the injuries they suffered, losses they incurred, or violations of their rights. When it comes to the burden of proof in a criminal case the prosecutors must prove “beyond a reasonable doubt” that the defendant is guilty of the crime. Whereas in a civil lawsuit the plaintiff must prove that the defendant is liable is more likely than not responsible for the death. In the end when it is time for charges, in a criminal case the defendant could be faced with probation, jail time, or fines. Civil cases the defendant must pay a settlement to the plaintiff. CONCLUSION Tenn. Code Ann. § 39-13-213 (Lexis Advance through the 2023 First Extraordinary Session of the General Assembly. The Tennessee Code Commission may make editorial changes to this version and may relocate or redesignate text. Those changes will appear on Lexis Advance after the publication of the certified volumes and supplements. Pursuant to T.C.A. §§ 1-1-110, 1-1-111, and 1-2-114, the Tennessee Code Commission certifies the final, official version of the Tennessee Code. Until the annual issuance of the certified volumes and supplements, references to the updates made by the most recent legislative session should be to the Public Chapter and not T.C.A. Case annotations are current through September 15, 2023) Tenn. Code Ann. § 20-5-113 (Lexis Advance through the 2023 First Extraordinary Session of the General Assembly. The Tennessee Code Commission may make editorial changes to this version
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help