Law Assignment Example | Topics and Well Written Essays - 1750 words

Law - Assignment Example Answer: the Florida State Court would have jurisdiction over the civil case if the complaint filed was for tort and the amount of damage is $5,001/$15,000 and the parties have sufficient contact with the state of Florida. a.) Answer: The Court acquires personal jurisdiction over the plaintiff through the pleadings filed such as complaint and serve the defendants the summons and copy of the complaint. The court has jurisdiction over the person of the plaintiffs since they are residents of the state and they have connection to the geographic area on which the court sits. b.) Answer: State Court acquires jurisdiction over the defendant by serving him the summons and complaint. Ureta 2 c.) Answer: The court acquires personal jurisdiction over Crete Carrier Corp., the Lincoln, Neb., trucking company by serving it the summons and copy of the complaint and by the application of the long arm statute. 5. Answer: The principal, which is the Crete Carrier Corp., the Lincoln, Neb., is primarily liable because under the agency law, the principal is liable for all the acts of the agent which are within the authority usually confided to an agent of that character, notwithstanding limitations, as between the principal and the agent, put upon that authority. The driver was acting within the authority confided to him by the principal when the accident happened. 6. Answer: As an independent contractor, the driver of the truck is primarily liable because the employer has no control how the work is done provided the result was delivered to him. 7. Answer. a. the plaintiffs can collect the entire judgment from either defendant 8. Answer: Punitive damages are in order in this case for this is a tort case of a highhanded nature. 9. Answer: a. The plaintiffs would divide the punitive damages among themselves. 10. a. yes Explanation: In cases of accident, the defendant may be sued criminally and civilly. In the tort case, the defendant is liable for damages while in criminal case, he is liable for the deaths of the 7 children. b. Answer: No Explanation: The trucking company, which is a corporation may only be civilly sued by the plaintiffs in order to recover damages. A corporation cannot be held criminally responsible for any tortuous act of its employee’s for it cannot be put to jail. Ureta 3 PART B Section 1. Article Identification: Title of the Article: State investigates Slope accident that crushed worker (PINNED: Alaska West Express worker, Fay, suffers crushed chest) Name of Publication: Anchorage Daily News retrieved from http://www.adn.com/2009/11/02/997243/state-investigates-slope-accident.html Date of Publication: November 2, 2009 Article Summary Just before midnight of October 27, 2009, a worker of Arctic Slope Regional, Inc., named John Fay was pinned between a tractor truck and a semi-trailer. An employee of Alaska West Express Inc. a trucking subsidiary of the Anchorage-based Lynden Inc drove the truck. Arctic Slope confirmed that Fay who rem ained in critical care at Providence Alaska Medical Center works for the company. Preliminary information gathered was that the truck either backed into John Fay or ran him over. It operates divisions in petroleum refining and marketing, government technical services, energy services and construction. It was not immediately clear what division of the company Fay worked for but Steve Standley, chief of enforcement at Alaska Occupational Safety and Health, said preliminary reports are that he was a laborer. Section 2: Information About the Type of Case State