Explain the elements of the offence of murder. In what court would a murder trial be held, and explain the balance and burden of proof in such cases. In what circumstances can self-defence be relied on?
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Explain the elements of the offence of murder. In what court would a murder trial be held, and explain the balance and burden of proof in such cases. In what circumstances can self-defence be relied on?
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- Describe the tort arises out of breach of statutory duty.If a person was found guilty for assault and battery in a criminal case, and the person that was hurt brings a civil action against the defendant, does a full trial have to be held again or can the jury just accept the fact that the defendant committed the act?If the plaintiffs can prove the elements of their claim, what should the measure of their damages? Explain.
- A woman shopper was injured when she slipped on the tiled foyer of a supermarket, which was wet after rain. The defendant argued that it wasn’t responsible for the slippery condition of the floor, and that it owed no general duty of care in negligence. As it had mopped the floor to minimise danger to customers, there was no unusual danger that would give rise to a strict liability on the occupier. How do you think a court might assess the defendant’s claim of no liability?Alden had her car radiator repaired by Smokey Garage for $125. She was not happy with the results and decided to sue the garage owner to get her money back. In what court would her case most likely be heard? Why?Pablo, a resident of New Mexico, while driving through Arizona, was struck by an SUV driven by Derek, a resident of California. Derek was speeding when the accident happened, and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. What type of case is this?