Legal Scenario Analysis: Liability in a Complex Situation
Tito, Mia, Omar, and Kashawn are involved in a series of incidents post a party, leading to varying degrees of injuries. Tito's red light violation causes a collision with a bicyclist, resulting in a subsequent car accident that leaves Mia severely injured. Omar suffers an allergic reaction to treatment, while Mia's internal injuries go unnoticed initially, leaving her quadriplegic. Legal complexities arise in determining liability and addressing the consequences of each party's actions.
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Draw a Matrix and Write an Outline List all the potential pairs in this scenario. Note that some parties might not be listed explicitly. Write an outline for your answer. Tito and Mia, his classmate, had been to a party where they had both drunk too much. Tito offers Mia lift home after the party. She accepts. On the way there, Tito runs a red light and collides with a bicycle ridden by Omar. Omar is wearing dark clothing and his bicycle has no lights. As Mia gets out of the car to assist the fallen Omar, a car driven by Kashawn some 10 miles per hour above the speed limit strikes her. Both Omar and Mia are taken to hospital where Omar is given a penicillin injection to which he proves allergic and suffers a severe reaction. Mia is given two paracetamol pills and sent home but a thorough examination would have revealed that she had suffered serious internal injuries. She is now a quadriplegic. Advise Omar and Mia.
Homework How many different pairs did you find? What were their concerns?
Journal Articles Correct Format: Paul Craig, Theory, Pure Theory and Values in Public Law [2005] PL 440 Fix the following: EJIL (2019), Vol. 30 No. 3, 721 751, The European Union and the Law of Treaties: A Fruitful Relationship, Paz Andr s S enz de Santa Mar a,
Journal Articles Correct Format: Paul Craig, Theory, Pure Theory and Values in Public Law [2005] PL 440 Fix the following: The Legal Effects of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ, European Journal of International Law (EJIL), Volume 16, Issue 5, November 2005, Marko Oberg
Online Articles Correct format: Graham Greenleaf, The Global Development of Free Access to Legal Information (2010) 1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010 Fix the following: Recent Developments in CITES Concerning the International Trade in Queen Conch (Strombus gigas) , (2006) 56th Gulf and Caribbean Fisheries Institute, 764, Nancy Daves and John Fields, http://aquaticcommons.org/13924/1/gcfi_57-54.pdf , accessed on May 27, 2019
Online Articles Correct format: Graham Greenleaf, The Global Development of Free Access to Legal Information (2010) 1(1) EJLT < http://ejlt.org//article/view/17 > accessed 27 July 2010 Fix the following: Bulletin of the World Health Organization 2013;91:533-539, Using TRIPS flexibilities to facilitate access to medicines (2013) < https://www.who.int/bulletin/volumes/91/7/12-115865/en/ > (accessed 29 November 2019) Dianne Nicol & Olasupo Owoeye
Online Newspaper Articles Correct Format Ian Loader, The Great Victim of this Get Tough Hyperactivity is Labour The Guardian (19 June 2008) <www.theguardian.com/commentisfree/2008/jun/19/j ustice.ukcrime> accessed 19 November 2009 Fix the following Young People not Ready for Work Barbados Today, 2019- 6-19 Marlon Madden https://barbadostoday.bb/2019/06/19/young-people- not-work-ready accessed on 2019-10-04
Being Concise Challenge Write a text message (250 words) explaining Independent Jamaica Council for Human Rights
What was the case about? Remember the Principle of Implied Entrenchment: if Constitutional provision A which is merely entrenched really affects provision B which is deeply entrenched , then it is as if Constitutional provision A is also deeply entrenched and the same process must be used as is used for B.
In your case from Constitutional Law class Independent Jamaica Council for Human Rights, A = Final Court of Appeal B = Process for choosing judges in High Courts. The final court of appeal was not deeply entrenched. However, it was argued that the method for choosing the judges in the highest court had to be equivalent to the deeply entrenched provisions in relation to the High Court. This implied that the Final Court of Appeal was also deeply entrenched. So the Rule from that case was that a referendum had to be used to change the Final court of Appeal. The Rationale from that case related to the principle of implied entrenchment.
Can we rely on that case in the event that aliens attack and we want to join the United World Federation? What about if we now want to appoint Oprah Winfrey as Commander-in-Chief? The role of Governor General is defined in section 27- 33. These provisions provide, among other things, that the Governor General must act according to the advice of Parliament. However, as far as I could tell from a quick reading of section 49, sections 27-33 are not very deeply entrenched. This means that Parliament can change it without a referendum, etc.
But you could see how it could easily be argued that giving Oprah absolute control, will really affect how Parliament and the Senate function (sections 34, 35), or some other section which is very deeply entrenched. Mind you, in researching this example, I notice that section 68 (which is very deeply entrenched) says: Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor- General So maybe the Jamaica founding fathers really did leave room for alien invasion ... [Possible research topic????] Of course you can also question whether the Doctrine of Implied Entrenchment is even a legitimate doctrine.
Challenge Write a text message (250 words) explaining Hinds.
