Carson Versus National - Essay Example

There lacks a rule in Nebraska on the right of privacy. The Nebraska legislature has not stipulated a right of privacy by statute. The Nebraska court lacks the mandate in ruling over such a right unless the state’s legislature confers such a right to the state’s judicial legislature. Carson’s first cause of action would clearly state a claim in most state jurisdictions (OpenJurist). The Nebraska jurisdiction, however, does not provide a right to privacy. Judging by the Nebraska law, the plaintiff case would still get overruled.

            Due to the complexity of the case at hand pitting Carson and the National bank, the court finds it hard to provide a ruling but rather infer on past cases with similar complaints (OpenJurist). The court remains aware that there may be truth behind the plaintiff’s complaint regarding his right to privacy. However, the court lacks the mandate to make a ruling since there is a lack of legislation in regards to the right of privacy. The National Bank will likely win the case due to a lack of legislation in Nebraska. The case gets left for legislative determination (OpenJurist).