Nobody downloaded yet

Legal Memo with Blue Book formatted Citations - Research Paper Example

Comments (0) Cite this document
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 paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.7% of users find it useful
Legal Memo with Blue Book formatted Citations
Read TextPreview

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 pagesRead More
Cite this document
  • APA
  • MLA
(“Legal Memo with Blue Book formatted Citations Research Paper”, n.d.)
Retrieved from
(Legal Memo With Blue Book Formatted Citations Research Paper)
“Legal Memo With Blue Book Formatted Citations Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal Memo with Blue Book formatted Citations

Book Memo

...? of Lecturer of 12 April Book Memo Peter Kivisto and Thomas Faist presents what could be regarded as the most accurate account on the issue of immigration and they focus on twenty major nations in bringing this matter to the fore. The authors made it clear that immigrants are more like temporary residents of an area that migrated from a former place of abode to another location in search of greener pastures. In the case of the undocumented migrants, they first start out as migrants until they attain the status of a settler. Immigrants usually migrate from place to place until they get to the place that is most suitable to them, while settlers would remain fixed and would try to make things better for...
1 Pages(250 words)Essay


.... In Buddhism also the darker and lighter version of blue has great importance. The importance of blue is also reflected in the semi – precious stone turquoise which has significant place in religious and spiritual field. In the book of Exodus, for example, the sapphire is regarded as sign of the blue sky which is supposed to be the God’s throne, a theme that is referred again in the New Testament (Hoeppe, 2007,pg4). The sapphire and blue sky is thought to be significantly pristine and stood for depicting religious purity. According to Hinduism and Buddhism blue represents both the sky and spirit .It is also observed that most of the...
5 Pages(1250 words)Essay

Legal Analysis Memo

...?Legal Memo Police were called to Jessie Smith’s home after a noise complaint. When the police arrived at the home, they observed outside through a window a group of people smoking marijuana. They witnessed Jonathan Blake hand a white bag to a stranger. The police came to the door and Mr. Smith granted them access to the home without a warrant. Police saw firearms under the couch and seized them. They then searched Mr. Blake and a stranger and found a large amount of cocaine and marijuana in Blake’s possession, and a small amount of cocaine in the stranger’s possession. Did police officers uphold the 4th amendment of the United States constitution, when they entered Mr. Smith’s home without a warrant,...
3 Pages(750 words)Case Study

International law seminar. Legal memo

...and a Portuguese buyer on the sale and dismantlement of second hand hangar. According to the hangar assembly case, the buyer paid the initial two installments and did not pay the balance arguing that the law of conformity had been breached. The court indicated that the seller had breached the contract in delivering non conforming metallic elements and they were not fit for the purpose intended by the seller. However, the court indicated that the seller had cured the conformity of goods by repairing the metallic elements. The opinion of the court vindicated the seller for reassembling the hangar. According to this legal memo, the Box Masters breached the law of conformity by delivering normal boxes that...
8 Pages(2000 words)Case Study

Legal Memo

...Research Plan and Legal Memorandum RESEARCH PLAN There are a variety of sources on the Internet that were used in facilitatingthis study. First, the search phrase "Family Law Act 1975 (Cth)" was typed into Google.Com's web site. The following is a reference that is a result from that search. REFERENCES Anon, 2008. Commonwealth consolidated acts: family law act 1975, sect 93. [Online] Available at: [Accessed 24 Oct 2009]. In an entirely different search on Google, the phrase "Australian case law child support paternity test negative" was entered and the following reference was garnered from it. REFERENCES Cannold, L.,...
8 Pages(2000 words)Essay

Legal Closed Memo Assignment Project

...MEMORANDUM Harold Murton Client/Matter # 320-68770 Sunday, October 5, 2008 7:30:29 p.m. QUESTION PRESENTED Does Mr. Merton have a valid cause of action to file suit against Barnett Productions for intentional infliction of emotional distress due to the “extreme and outrageous” conduct of the defendant under California tort law, based upon the facts presented, despite the context of the reality show within which the alleged offensive events took place? SHORT ANSWER Based upon the circumstances of the case and the application of case law, it appears that Mr. Merton may indeed have a cause of action against Barnett Productions, for the trauma he suffered... Harold Murton Client/Matter #...
8 Pages(2000 words)Essay

Legal Memo

...of the of the of the Legal Memorandum – Crisara Jones: Infliction of Intentional Emotional Distress To: Law Firm I.M. Portant, Senior Partner RE: Jones v. Meanie, Our file no. 11-1234 From: [Your Name] [Date] Rule If the claimant is not a direct witness to the tragic incident, the tort of emotional distress does not apply. In Donnie Norred and Wife, Shirley Norred and Arlen J. Guidry and Wife, Linda J. Guidry v. Radisson Hotel Corporation and Radisson Hotels International, Inc., 95 0748 (La.App. 1 Cir. 12/15/95); 665 So. 2d 753, the court held that the claimant should have undergone genuine and serious emotional distress, for claiming damages. If the mental anguish is due to witnessing the trauma of a close...
3 Pages(750 words)Thesis Proposal

A summery of Blue ocean strategy book

...Number] Blue Ocean Strategy; create your own market Some believe that the quickest way to become rich is to get lucky while doing business or investing in the markets. If that isn’t possible, then the way to the top is really slow and a lot of hard work is required. Basically, the book Blue Ocean Strategy – How to create uncontested market space and make the competition irrelevant by W. Chan Kim and Renee Mauborgne deals with the former idea of novelty and improvisation to generate such growth and profits one never knew was possible. New ideas are the key or the heart behind the book. The authors have claimed that a new idea will ensure enormous growth with zero...
4 Pages(1000 words)Essay

Blue ocean strategy book summery

...Blue Ocean Strategy Blue Ocean Strategy The blue ocean strategy is a book based on two types of business marketing strategies ly the blue ocean strategy and the red ocean strategy (Kim & Mauborgne, 2013). The idea behind the book is the advantages of the blue ocean strategy over the red ocean strategy. Consequently, it exclusively advocates for the blue ocean strategy and favors its adoption. With the business world growing bigger, many people are coming to terms with increased application of business knowledge. In addition, the emerging of companies are producing the same type of product or offering...
4 Pages(1000 words)Essay

Legal citations

...Legal Citations Assignment 5 Question A Jeffrey F. G. (1989). The fact that Gun was unloaded as Affecting Criminal Responsibility, 68 A.L.R. 4th 507. As the Law Division opinion in Spahle sets out, an empty weapon can be seen to be an inoperable gun. New York law and the courts have long been questioning the availability of a defense that has a basis in the unloaded nature of the weapon.   Assignment 5 Question B McLaughlin v. United States, 476 U.S. 16, 17 (1986). It is a case in which the Supreme Court of America said that an unloaded gun is a "dangerous weapon". The fact that he had a display of an unloaded handgun in a bank robbery, the petitioner had a conviction under 18 U.S.C. 2113 (d). The act...
2 Pages(500 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 Research Paper on topic Legal Memo with Blue Book formatted Citations for FREE!

Contact Us