Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Can someone show me the proper way to write the appropriate OUTLINE the given Internal Office Memorandum below, please? INTERNAL OFFICE MEMORANDUM (IOM) I. Questions

Can someone show me the proper way to write the appropriate OUTLINE the given "Internal Office Memorandum" below, please?

INTERNAL OFFICE MEMORANDUM (IOM)

I. Questions Presented

  1. Under [type jurisdiction of this made-up law] law, did Ms Jennifer Aniston's act constitute reckless driving?
  2. Can Ms Aniston's admission to O&A be used to support a finding of guilt in case of reckless driving?
  3. Under [type jurisdiction of this made-up law] law, did Ms Jennifer Aniston's act constitute felony harm?
  4. Did Ms Jennifer Aniston's act constitute negligence?

II. Brief Answers

  1. Yes. As Ms Aniston was driving 10 to 30 miles over the posted speed limit of 25 miles per hour, and under the law, a driver who exceeds the posted speed limit by 10 to 30 miles, is guilty of reckless driving.
  2. No. To support a finding of guilt in case of reckless driving, the law states that the admission must be made to a police officer or in Court.
  3. Yes. Under the law, cargo must be held using the strongest means possible to prevent it from falling off the vehicle, which was contrary to Ms Aniston's actions.
  4. Yes. Jurisprudence defines negligence as a breach of a duty of care owed by one "by either failing to foresee the danger of his/her conduct, or through wilful, wanton, or reckless conduct causes, or directly causes harm to another in which damages result," which Ms Aniston breached in the case at bar by not securing the large cargo she was transporting, and speeding despite such, causing harm and damages to SJP and MB.

III. Facts

Defendant, Ms Jennifer Aniston, transported a 10x5 shelf unit on the back of her beat up pick up truck to her ex-husband's, Mr Pitt, home.

Defendant, Ms Aniston, failed to properly secure the cargo on the back of her pick up truck due to feelings of anger for having to move the unit that belonged to Pitt.

Defendant sped on the way to Mr Pitt's house, going at least 15 to 25 miles over the posted speed limit of 25 miles per hour.

A mile away from Pitt's home, the shelf unit fell off the back of Defendant's pick up truck, on to oncoming traffic, causing SJP and MB to crash into it.

SJP and MB sustained injuries during the crash despite wearing their seatbelts and the airbags deploying.

IV. Applicable Statutes

  1. Chap. 1 Sect. 100:Reckless Driving: when a driver exceeds the posted speed limit by 10 to 30 miles an hour. An admission of excessive speed toapolice officer or in courtcan be used to support a finding of guilt in a case of vehicular misconduct or reckless driving.
  2. Chap. 1 Sect. 100:Reckless Driving: when a driver exceeds the posted speed limit by 10 to 30 miles an hour. An admission of excessive speed toapolice officer or in courtcan be used to support a finding of guilt in a case of vehicular misconduct or reckless driving.
  3. Chap. 1 Sect. 340: Failure to secure cargo or load: (a) Felony damage to property or felony harm to a person occurs when there is any type of failure by a driver of a vehicle to secure cargo in or on a vehicle. (i) a Vehicle is defined as any motorized conveyance designed to travel on conventional roads and highways. (ii) Cargo is defined as anything not part of the vehicle at purchase. (a) Cargo must be held in place by the strongest means necessary to hold the cargo in place so the cargo does not fall from the vehicle.
  4. Washington v Jefferson defines negligenceas when "a person owes a duty of care and breaches that duty by either failing to foresee the danger of his/her conduct, or through willful, wanton, or reckless conduct causes, or directly causes harm to another in which damages result.

V. Discussion (Analysis)

  1. Under the law, reckless driving is defined as when a driver exceeds the posted speed limit by 10 to 30 miles. By Defendant Aniston's admission to O&A, that she had been going 15 to 25 miles over the posted speed limit of 25 miles per hour, Defendant clearly violated the law. This falls under the first sentence of Chap. 1 Section 100.
  2. Following the second sentence of the same provision stated in #1, while Defendant Aniston admitted to speeding, this admission cannot be used to support a finding of guilt, because the law provides that such admission must be made to a police officer or in court. O&A is neither. Hence, the admission, by law, cannot be used to support a finding of guilt.
  3. Chap. 1 Section 340 defines felony damage to property or felony harm to a person, as the failure of a driver to properly secure a cargo in or on a vehicle. When Defendant Aniston acted in anger and haste, she failed to ensure that the shelf unit she was transporting on her vehicle was properly secured. By failing to secure the shelf unit on the back of her pick up truck, Defendant Aniston violated Chap. 1 Section 340 of the law.
  4. Defendant Aniston's actions constitute negligence as defined by Washington v Jefferson. As a motorist/driver, she owes a duty of care to fellow motorists/drivers to drive safely and ensure accidents are prevented. This duty of care was breached when:
    1. Defendant Aniston failed to foresee that her actions of not securing such a huge cargo on the back of her truck, as well as speeding knowing that she is transporting an unsecured and large cargo, could case damage to others.
    2. That through Defendant Aniston's wilful decision to not secure the cargo on the back of her vehicle, others were hurt and property damaged.
    3. Defendant Aniston knew she was speeding but did it anyway, in wanton disregard for speed limits and the safety of others.

Defendant Aniston's actions directly caused harm to SJP and MB.

VI. Conclusion

  1. Defendant Aniston will most likely be found guilty of reckless driving for violating Chap. 1 Section 100 of the law., going 15 to 25 miles over a speed limit of 25 miles per hour.
  2. However, Defendant Aniston's admission to O&A that she knew she was speeding, cannot be used to support a finding of guilt as O&A is neither a police officer or the Court. The law provides that such admission must be made to a police officer or Court.
  3. With the injuries sustained by SJP and MB, as well as the damages they incurred on their property due to Defendant Aniston's failure to secure the shelf unit she was transporting, Defendant Aniston will most likely be charged with felony harm to a person, as stated in Chap. 1 Section 340 of the law.
  4. Finally, Defendant Aniston will also most likely be charged with negligence as all of Defendant Aniston's actions, under case law, constitute negligence.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Auditing Cases An Active Learning Approach

Authors: Mark S. Beasley, Frank A. Buckless, Steven M. Glover, Douglas F. Prawitt

2nd Edition

0130674842, 978-0130674845

Students also viewed these Law questions