To: Teacher
From: , Student Assignment 4
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Date: February 5, 2014
SUPERIOR COURT OF FREEDONIA, COUNTY OF FREEDONIA __________________
Deidre Jones, Plaintiff, vs. Jack Daniels, Defendant(s). | )))))))))) | Case No.: 123456PLAINTIFF’S COMPLAINT | Plaintiff, Deidre Jones complaining of the Defendant, alleges that: JURISDICTION AND PARTIES 1. The court has jurisdiction of this matter based on Rule 1.1 of the Fredonia State rules of litigation and venue is proper for the County of Freedonia. 2. Plaintiff,
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As a result of defendant’s tortious conduct of battery defined as any intentional, unlawful, and harmful or offensive contact by one person with the person of the other when defendant yanked plaintiff’s purse off her shoulder and causing offensive contact with the plaintiff. COUNT TWO (Assault) 12. The plaintiff realleges and incorporates by reference all those facts and allegations above and further alleges:
As a result of the defendant’s action of picking up a rock and throwing the rock at the plaintiff. The plaintiff saw the rock thrown by the defendant and was able to dodge from being hit by the rock, thus causing the plaintiff to be in apprehension of being hit by the rock, wherefore the defendant committed the action of assault defined as an act which causes another person to have apprehension of imminent harmful contact. COUNT THREE (Trespass to Chattels) 13. The plaintiff realleges and incorporates by reference all those facts and allegations above and further alleges:
The plaintiff was dispossessed of one purse when defendant yanked the purse from the plaintiff’s shoulder and thus, breaking the shoulder strap of plaintiff’s purse. As a result of the
2. Provide a detailed account of the key facts surrounding the case. Make sure to include the following:
3. Briefly state the facts of this case, using the information found in the case in
1) Decide what the District Court should conclude on each of the three claims against Toca,
Question Number Two (2) Is the pro-forma statement in Exhibit 7 credible? Why or why not?
There are three grounds upon which a motion to dismiss under Rule 12(b)(6) is proper:
The plaintiff’s allegations must be stated in numerical paragraphs and each paragraph is to be limited to a single set of circumstances.
[5] With respect to paragraph #10, #11, and #12, the defendant admits that the plaintiff attempted to contact him. However, the defendant was unable to respond as he was away on a business trip. The plaintiff also attempted to enter the defendant’s premises without the defendant’s
(c) Cable, Jiles and Daniel went shopping at Claire’s store and tried on the mood rings. After they left the store, the mood rings that put on the ring cards were gone. The store assistant manager, Ms. Clark, suspected that they were the ones who stole the rings. Ms. Clark found the plaintiffs in the mall and asked them to come back to the store. They were taken to the back room of the store. Ms. Clark asked to see the plaintiff’s hands and searched their purses without permission.
If any of these elements be wanting, the plaintiff fails to establish that the defendant owed the plaintiff a duty to use reasonable care in making the statement or giving the advice.
I believe all the above premises I listed are prevalent towards the case being argued; none of the premises that I listed are very weak and all of the premises that I listed can be
Repeated paragraph 8, the defendants’ lawyer against HCr 1.20 (1); Conduct and Client Care 2.4; Lawyers: Conduct and Client Care 13.10;
In this case, Ms. William’s failure to produce medical records evincing the treatment she allegedly received prejudices Elephant to the extent that it is prohibited from confirming or otherwise assessing the injuries incurred by Ms. Williams. Further, in Ms. Bethune’s examination, she testified that she was involved in another accident just weeks after the accident that is the subject of this claim. As such, Elephant’s request for records from this prior accident are necessary to apportion damages between the two occurrences at issue in this matter. Therefore, Ms. Bethune’s failure to produce records involving her subsequent accident prejudices Elephant to the extent that it is unable to apportion damages between two occurrences that are closely related in time.
2. Consider Exhibits 2 and 3. Do you find any errors, ambiguities, or questionable line items?
The plaintiff has raised something that should be mentioned by the Defendant as a defence
The defendant must have reasonably foreseen that the statements would be put to use by the plaintiff