Author Topic: Opening Arguments #TTTBE  (Read 43767 times)

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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #315 on: February 22, 2019, 03:42:43 PM »
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Going with A
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Re: Opening Arguments #TTTBE
« Reply #316 on: February 24, 2019, 08:23:20 PM »
And the answer to#115

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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #317 on: March 02, 2019, 07:36:41 PM »
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Re: Opening Arguments #TTTBE
« Reply #318 on: March 02, 2019, 07:38:02 PM »
I'm going to go with D. I think its sad that they would sue for that reason but I'm going with the letter of the law. I think getting a jury to convict might be tough.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #319 on: March 02, 2019, 10:42:59 PM »
I think D as well.  I  am not sure thought, and I would have thought it depended on the state law. IIRC, negligence does not determine if you pay damages.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #320 on: March 03, 2019, 11:06:38 AM »
D also, it seems pretty straightforward to me.
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Re: Opening Arguments #TTTBE
« Reply #321 on: March 05, 2019, 07:24:06 PM »
The dead man isn’t capable of committing a traffic offense; he’s dead.  Since the plaintiff based his case for liability on the commission of the traffic offense and did not rebut evidence that the decedent was dead (as well as unaware of any danger and obeying traffic laws while alive), there is no basis for a claim of liability.

A
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #322 on: March 05, 2019, 07:54:15 PM »
I'll say C, because the laws pretty much depend on precedence, and because no one else picked C and it would be cool to be the only one with the right answer.
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Re: Opening Arguments #TTTBE
« Reply #323 on: March 06, 2019, 08:22:09 PM »
Answer to #116
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #324 on: March 07, 2019, 10:22:03 AM »
Wow, that is surprising.  I always thought that the vehicle at fault carried insurance for this type of thing.  I realize that the guy was dead and all, but the other car was wrecked, and presumably there were injuries.  That really seems very unfair to me.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #325 on: March 07, 2019, 10:46:09 AM »
Wow, that is surprising.  I always thought that the vehicle at fault carried insurance for this type of thing.  I realize that the guy was dead and all, but the other car was wrecked, and presumably there were injuries.  That really seems very unfair to me.

I thought so too, but if you listen to the ep, Andrew states that this is a question of negligence.  In the absence of negligence, the survivor's insurance will probably pay for any issues in a no-fault decision.  Not sure if the deceased's estate can recover from their insurance company.
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Re: Opening Arguments #TTTBE
« Reply #326 on: March 07, 2019, 01:48:58 PM »
I missed it too. Like andrew said it was a question dealing with a definition of the law. I can see where this can trip test takers up. Tying to remember a lecture you took 2years ago that talked about this one question. I'm doing poorly in this.
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Re: Opening Arguments #TTTBE
« Reply #327 on: March 08, 2019, 06:40:15 PM »
New week new question. I have no idea on this one. I'm going to think about it

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Re: Opening Arguments #TTTBE
« Reply #328 on: March 08, 2019, 07:03:30 PM »
Wow, that is surprising.  I always thought that the vehicle at fault carried insurance for this type of thing.  I realize that the guy was dead and all, but the other car was wrecked, and presumably there were injuries.  That really seems very unfair to me.

A vehicle cannot be at fault; only a person can. As the decedent was dead, he was incapable of liability.  There is therefore no fault in the accident, and the plaintiff’s insurance will have to pay for any damages to him or his vehicle. The decedent’s insurance will pay for damage to his.  That’s why we have insurance, after all.
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Re: Opening Arguments #TTTBE
« Reply #329 on: March 08, 2019, 07:07:44 PM »
As for the newest one, the standard in free speech cases is compelling state interest and preserving morale doesn’t cut it.  A.
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