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

Viper's Den v. Jim Morriston - Essay Example

Comments (0) Cite this document
Summary
Name: Instructor: Course: Date: Viper’s Den v. Jim Morriston A brief statement of the case This case involves Flash of Viper’s Den and Jim Morriston of Wyoming. Flash was a former lead guitarist of the group that was known as Swords and Satins. He retired and opened a business in Bozeman where he provides performance space to local musicians, offers music lessons and sells musical instruments…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.7% of users find it useful
Vipers Den v. Jim Morriston
Read Text Preview

Extract of sample "Viper's Den v. Jim Morriston"

Download file to see previous pages Unfortunately, the coffee was not wiped out on time because Flash attended to a phone call before cleaning it up. Jim Morriston was just through with his lunch and had taken two beers with it when he saw Flash and ran over to greet him. Jim Morriston did not see the coffee spill on the floor and neither did he see the bright yellow caution sign that warned of the slippery floor. As he was running towards Flash, he slipped and fell very heavily on the floor as a result of the coffee that had spilled on the floor. As he fell on the floor, he tried to support himself with his hands and ended up fracturing his arm in two places. As a result of this incident, Jim Morriston had to undergo surgery and he ended up spending two days in hospital so that he would be treated of the injuries he sustained from the fall. When Jim Morriston returned to Wyoming, he decided to sue Flash for negligence that led to the fall. A statement of the issues to be decided The major issues that need to be decided include whether or not Flash has to litigate the case in Wyoming. Another major issue is whether Jim Morriston has a legitimate case of negligence over Flash and the Viper’s Den. In the first issue, Jim Morriston has sued Flash in Wyoming for neglect that led to his fall. He has gone to court right after he returned to his area of residence in Wyoming and has claimed the Flash neglected cleaning wiping off the coffee from the floor which resulted to the injuries and distress that he has today. Since the case is already in court in Wyoming, Flash needs to decide whether he has to litigate the case in Wyoming or not. Flash is of the idea that the state courts in Wyoming are not the proper jurisdiction for this particular type of case. He therefore has to decide whether he will proceed to litigate the case in Wyoming or he will challenge that decision made by Jim Morriston to take the case to the state courts at Wyoming. Another issue that needs to be decided is whether Jim Morriston has a legitimate case of negligence over Flash and the Viper’s Den. It has to be decided whether Jim Morriston was the one on the wrong for having taken two beers at lunch. It has to be decided whether the beers that Jim Morriston had taken impaired his sight, reasoning and actions to such an extent that he was not able to see the big bright yellow sign. The coffee spill should have been dealt with immediately so as to avoid any unnecessary accidents from occurring. However, had Jim Morriston been in his right state of mind, there would be higher chances that he would have seen the bright yellow sign and take caution to prevent him from falling. These major issues in this case therefore need to be decided in an attempt to resolve the case and come up with viable and legal solutions to the case at hand (Mallor, Barnes, Bowers & Langvardt, p. 340). Legal arguments that Flash can make against the case being litigated at Wyoming Flash can legally argue that if the reported incident took place in Bozeman, then Jim Morriston should have sued him in a court in Bozeman and not in Wyoming. Flash can argue that he does not do any business in Wyoming and the case would therefore lack objectivity if it was to be heard there. The state courts at Wyoming are not the proper jurisdiction for this type of case. The incident that is being reported tool place in a completely different ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Viper's Den v. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Viper's Den v. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/law/1432814-viperyies-den-v-jim-morriston
(Viper'S Den V. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 Words)
Viper'S Den V. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/law/1432814-viperyies-den-v-jim-morriston.
“Viper'S Den V. Jim Morriston Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1432814-viperyies-den-v-jim-morriston.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Viper's Den v. Jim Morriston

FP Iran V. Secretary of State for the Home Department

...Running Head: FP (IRAN) V. SECRETARY OF FOR THE HOME FP (Iran) V. Secretary of for the Home Department of Institution) Critical Assessment of significance of the case of “FP (Iran) V. Secretary of State for the Home Department” in the development of Administrative Law Introduction With the advent of civilisation and the law making process, it has been the endeavour of man to ensure that Rule of Law prevails in all decisions made in disputes. Judges have accepted time and again that just as everybody has certain rights that are subject to prevailing laws, so also all officials upholding the law have a responsibility to ensure that they shall not commit any act without proper justification. Administrative Law is a set of governing principles...
8 Pages (2000 words) Assignment

Informal v. Formal Remittances

In this case, the transfer of money across the borders becomes an issue of primary importance for many families internationally (especially when these families are located in developing countries). In practice, it has been found that the transfer of money internationally can present significant failures especially when the firms involved do not take the appropriate measures for the protection of the consumer. However, in the case of workers, such an outcome can lead to severe consequences (the financial support of the family faces a delay within unknown outcomes). In the literature, the transfer of money across the world has been an issue extensively analyzed. Most of the relevant studies prove that the lack of appropriate technol...
37 Pages (9250 words) Assignment

Analysis of Lemuel Shaw 1830 Roberts v. The City of Boston Case

In 1801, Lemuel Shaw started studying law and was admitted to the bar in September 1804; after which he started practicing in Boston. Slowly his practice became large, however, he also served as the adviser of several commercial enterprises. Not only that, he held many public positions, from 1811 – 1814, as well as in 1820 and 1829, he was a member of the Massachusetts House of Representatives, during 1820 he also was a member of the constitutional convention, while in 1821 –1822, he served as a state senator. He was offered the position of Chief Justice of the Massachusetts Supreme Court; after being so appointed in 1830, he served there for 30 years, till August 21, 1860, when he resigned. He had four children from t...
7 Pages (1750 words) Case Study

Analysis of the Case of Hickman v Kent or Romney Marsh Sheepbreeders Association Ltd

There were several basic legal provisions that gave direction to the formation of a company in the United Kingdom. It has its original foundation in 1844 when the Joint Stock Companies Act1 1844 was formulated. It has given regulations for facilitating the formation of companies by "deed of settlement". Gradually, the shareholder concept was initiated in 1855 by the general incorporation procedure in the name of Limited Liability Act2 1855. This has offered limited liability to shareholders and provided identification to the company as a separate legal persona. The doctrine of limited liability postulates that a company shall be liable for the debts that it incurs, and even if it undergoes closure for any grounds, creditors cannot...
6 Pages (1500 words) Case Study

John Lockes View of Ownership in Context with the Mabo v Queensland

According to Ian Harris, Locke’s idea of justice simply suggests that the conformity between action & the rule of propriety should be understood in the sense of ‘a right to anything’ (Harris, 2000, p. 49). That means human rights must be restored in society, and when it comes to property, it can be examined in context with ‘abundance’. The more abundant is the property, the more usage of it can be met. However, the ‘abundance’ factor cannot be fulfilled in today’s economic conditions. Chapter V of the Second Treatise defines ‘property’ as land according to Locke and can be examined in two different ways. First, that land, property or external objects that are owned by...
7 Pages (1750 words) Term Paper

S&T Debt Factors

The agreement contains a credit default contracts that include credit default swaps, default index contracts, credit default options, and credit default basket options. One can use these as part of the mechanism that is collateralized by debt obligations. The goal should be to establish a price for a given risk and controlling credit based on risk. The credit can be allowed by minimization of risk. Credit controllers should develop versatile tools that transfer risk away from a lender’s balance sheet.
d) With reference to the proposed debt counseling business, illustrate and explain exactly how you would organize the debt counseling operation, taking particular care to explain how and when you would receive payment for...
6 Pages (1500 words) Case Study

Henry V by Shakespeare and the Rover by Aphra Behn

Henry V recognizes that his kingship is not a rule of lavishness but a rule of service. Summarising everything of what Henry is, Nym, a commoner, and thief, claimed: “The King is a good King…” (Shakespeare, Henry V)
Second, his glib of tongue he uses to empower his soldiers, to give life and courage to his downtrodden men. He does not use his eloquence to deceive nor to perpetuate lies. Rather, he uses his articulateness to restore the bravery of his soldiers, to supplicate God in his favor. All of which is a recognition that Henry V values more the camaraderie that he has with his soldiers above anything else. And this he succinctly shows even as a young King. He said to his men as they are about to fight...
7 Pages (1750 words) Book Report/Review

The Case of R v Turnbull

The defendants planned to rob a bank’s customer deposits in the bank’s safe by posting a notice diverting the dropbox to another location, which they planned to burgle. Several customers did, in fact, drop their wallets loaded with money into the dropbox, however, one customer was suspicious and alerted the police. The strength of the prosecution’s case rested on the visual recognition provided by a police constable who clearly saw one of the defendants removing a sign from the bank premises and recognized him. On this basis, the court of appeal concluded that the appeal of the defendants could not stand. It was held that if visual identification had been the only evidence, the outcome would not have been definit...
10 Pages (2500 words) Case Study

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages (2000 words) Case Study

International Affairs v. Liberalism

As a matter of fact, Hoffman’s statement that “international affairs is the nemesis of liberalism” has a grain of truth in it and this is especially so after the 9/11 incident.
There are two schools of thought or perspectives that are used to view international affairs: liberalism and realism. The study of these two perspectives is significant to the idea posed by Stanley Hoffman because they determine the reasons why international affairs, according to him, does not only see eye-to-eye with liberalism but seems to stand on the opposing side of it.
Liberalism can be defined as having four elements: citizens; the legislature; property rights, and; a market-driven economy (Dunne 186). Realism, on the othe...
6 Pages (1500 words) Assignment
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.

Let us find you another Essay on topic Viper's Den v. Jim Morriston for FREE!

Contact Us