StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Legal Memo with Blue Book formatted Citations - Research Paper Example

Cite this document
Summary
Legal Memo with Blue Book formatted Citations Name Institution Facts Mary Jane Plaine was driving at a considerable acceptable speed when she was involved in an accident. The brakes to her car failed and that is what caused the accident: she could not brake to prevent her car from hitting another vehicle…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.7% of users find it useful
Legal Memo with Blue Book formatted Citations
Read Text Preview

Extract of sample "Legal Memo with Blue Book formatted Citations"

Download file to see previous pages

However, their cars were towed from the scene of the accident, and junked afterwards. These events bring up the issue of destruction of evidence; for that, Mary would like to file legal claims against the insurance company of her car, for trashing the car before she could be able to file charges and sue the car manufacturer for faulty brakes. Destruction of evidence; spoliation as it is known, has different statutes that govern it in different states of the United States of America. As a result, of this, it is extremely vital that the client knows what she is dealing with before taking the first step towards legal justice.

Rules The state of Michigan has several rules the govern situations of destruction of evidence. The Tort of Spoliation is one of the rules applicable in this scenario. Under this law, the state of Michigan does not recognize destruction of evidence as a separate tort. Panich v. Iron Wood Prods. Corp., 445 N.W.2d 795 Mich. Ct. App. (1989). Michigan considers destruction of evidence – if the correct facts are available - as an actionable tort claim. Wilson v. Sinai Grace Hosp., 2004 WL 915044 Mich. App. LEXIS (2004).

Another rule applicable in spoliation of evidence case is presumption or adverse inference. In Michigan, destruction of evidence is governed by a jury instruction, M. Civ. J.I.2d 6.01(d). This provides that a person trying the case facts may infer the evidence that has not been offered in this case might be injurious to the offending party if (1) such evidence is/was under the control of the offending party; (2) the offending party could have produced such evidence; or (3) there is no reasonable grounds to support failure for disclosure of such evidence.

A permissible inference is allowed when these three features are shown. The inference is such that the evidence would have been injurious to the offending party. The person trying the case facts, however, is free to determine this issue for itself. Lagalo v. Allied Corp., 592 N.W.2d 786, 789 Mich. Ct. App. LEXIS (1999). In cases where evidence of willful destruction exists, it is presumed that the evidence that was not produced may have been injurious to the offending party. When it has been left un-rebutted, a conclusion that such evidence may have been injurious to the offending party is required for this presumption.

Trupiano v. Cully, 84 N.W.2d 747, 748 Mich. (1957). In general, failure of a party to produce evidence or deliberate destruction of evidence by a party is presumed by courts that such evidence may have worked against the party responsible for its destruction or its non-production. Johnson v. Secretary of State, 406 Mich. 420, 440, 280 N.W.2d 9 Mich. (1979); Berryman v. K Mart Corp., 193 Mich. App. LEXIS 88, 101, 483 N.W.2d 642 Mich. (1992); Ritter v. Meijer, Inc., 128 Mich. App. LEXIS 783, 786, 341 N.W.2d 220 Mich. (1983). Therefore, in Michigan, such a presumption can only arise when the complaining party is able to establish that there was intentional, fraudulent conduct, and a desire for destruction of evidence with the aim of suppressing the truth.

Trupiano v. Cully, 349 Mich. 568, 570, 84 N.W.2d 747 Mich. (1957), quoting 20 Am. Jur., Evidence, § 185, p. 191; see also Lagalo v. Allied Corp., 233 Mich. App. 514, 520, 592 N.W.2d 786 Mich. (1999). Analysis In this case, it is factual that Mary Jane Plaine was driving at a considerable acceptable speed when she was involved in an accident. It is also a fact that the

...Download file to see next pages Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Memo with Blue Book formatted Citations Research Paper”, n.d.)
Retrieved from https://studentshare.org/law/1445356-legal-memo-with-blue-book-formatted-citations
(Legal Memo With Blue Book Formatted Citations Research Paper)
https://studentshare.org/law/1445356-legal-memo-with-blue-book-formatted-citations.
“Legal Memo With Blue Book Formatted Citations Research Paper”, n.d. https://studentshare.org/law/1445356-legal-memo-with-blue-book-formatted-citations.
  • Cited: 0 times

CHECK THESE SAMPLES OF Legal Memo with Blue Book formatted Citations

Book Review of Olympic Dreams: The Impact of Mega-events on Local Politics

The impact of these events has been so wide reaching, particularly in terms of their influence on local political dealings, that Burbank, Andranovich, and Heying (2001) focus on just this concept in their book ‘Olympic Dreams: The Impact of Mega-events on Local Politics'.... Urban governance is not only the focus of this course, it is the crux of this particular book....
5 Pages (1250 words) Book Report/Review

Mosaic of Citations

The use of pastiche and collage continues with the mixture of historical and fictional elements within the same book.... Most texts refer, in one way or another, to other works in the past.... Novels are not written within a rarefied vacuum but rather are created within the context of the writer's culture, personal experience and literary experience....
4 Pages (1000 words) Book Report/Review

Informative memo

However, she is of the opinion that the article should include more Informative memo Task memo Supervisor [INSERT] 23 February Issues and Trends in Communication There are various subjects addressed on the bulletin board about thinking critically within the context of communication....
1 Pages (250 words) Book Report/Review

Psychology book review

The purpose of the text is to aid individuals in finding out the meaning of their lives, and this is by… Some of the examples provided in the book, coupled with the fact that his professional skills are in the psychology department, offer different methods through which individuals can Psychology book Review The book in review is “Man's Search for Meaning” by Viktor E.... Some of the examples provided in the book, coupled with the fact that his professional skills are in the psychology department, offer different methods through which individuals can actually attain personal gratification....
2 Pages (500 words) Book Report/Review

The Medicalization of Society

hellip; However, at the present moment that it is a peculiar situation when the technological development no longer serves the humanity, but guides it and This paper will provide the analysis of a book that deals with a similar topic.... Thus, the name of the book is The Medicalization of Society: On the Transformation of Human Conditions into Treatable Disorders and it was written by Peter Conrad.... One of the most important points that should be emphasized in this case is that the scholar in question does not simply criticize the above mentioned process, but has been examining it in various countries as well as fields of human activity which provided him with a substantial data that was later used to create this book....
9 Pages (2250 words) Book Report/Review

The Third Life of Grange Copeland

This book by Alice Walker, talks about the journey of three generations of a black family and the struggles, trials and tribulations they all go through at a time when slavery was still rampant.... The book discusses the issues of infidelity, domestic abuse, child abuse and extra marital affairs, as witnessed through The first few chapters talk about the early life of Brownfield who spent most of his time alone while his parents worked hard to make ends meet....
9 Pages (2250 words) Book Report/Review

Compassionate Understanding of the Nature of Addiction

Lawrence Peltz is the author of the book, and he worked as a psychiatrist for more than two decades.... An interesting book which offers many options for medical practitioners dealing with healing and transformation.... The book is easy to read, understand, which provides sensible means of overcoming conditions mostly addiction.... The book provides treatment options like acceptance, creating awareness, and being thoughtful is possible to bring relief and regaining lost happiness in our life....
5 Pages (1250 words) Book Report/Review

Analysis of Children Books

The paper "Analysis of Children Books" is a great example of a book review on literature.... Each particular book has a definite role to play.... The Very Hungry Caterpillar-Children Picture book Language Variation and Change This story is an attractive picture book that details the life of a caterpillar in a descriptive and simple way in which children will understand.... By use of this book, the child will learn how to read and interpret drawings in an accessible and understandable way....
14 Pages (3500 words) Book Report/Review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us