Week 4 Fact Pattern Discussion
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Bryant and Stratton College, Buffalo *
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Course
120
Subject
Law
Date
Feb 20, 2024
Type
docx
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2
Uploaded by dms62795
Week 4 Fact Pattern Discussion
Useful Questions to Prove Case
Were you found guilty of reckless driving concerning your citation in this incident?
What caused you to lose control of your vehicle thereby causing you to leave the road striking the embankment?
What time did the accident take place?
Have you ever been cited for reckless driving in the past?
Do you suffer from any pre-existing conditions that could have caused this accident?
Do you take nay medications that could impair your ability to drive? Why My Questions Would Be Useful
I chose these question to prove my case because they will push the defendant into admitting that he was driving recklessly on the day of the accident, if there is a prior incident of driving recklessly it will establish a history of reckless conduct, if any medications he takes potentially impair his driving ability or if a pre-existing medical condition could affect his driving ability. All of these questions will give us a look into his background.
Ethical Considerations That Must be Addressed
Ethical considerations must always be addressed when a legal professional asks the defendant questions. Some ethical considerations to address are whether or not the defendant is:
Not be truthful
Withholding information
Not fully answering the questions Should a defendant not answer the questions being asked of him/her ethically, the plaintiff’s attorney may use that information to suggest they are not cooperating thereby not be truthful and forthcoming in their testimony.
How I Would Utilize the Three Forms of Written Discovery
Interrogatories-
I can use these open-ended questions to find out detailed information on the defendant, Ron Renter, such as details of a pre-existing condition, and help me prepare my client for when the opposing party asks their questions.
Request for Admissions-
I can use this form of discovery to force the defendant to admit that he was driving recklessly on the day of the accident, that he has a pre-existing condition or any questions regarding any medications he takes that potentially impaired his driving ability on the day of the accident. Request for Production-
This will help me to legally obtain any documents such as medical records, court transcripts, tangible proof, or permit entry into an area controlled by the opposing party.
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