Emmanuel Jasper is driving home to his Riverdale apartment in Bronx County when his car is struck Flushing, New York in Queens County by Diego Otieno of Garden City, New York.

Prosecutor Melinda Katz convenes a Grand Jury to determine if charges for Misdemeanor DWI can be brought against Diego Otieno of Garden City, New York.

Part of the evidence found by police at the scene were empty Seagram’s 7 bottles of Whiskey, a breathalyzer test result of .28 After stumbling out of his car, he exclaimed to Emmanuel Jasper and other individuals on the scene that he was coming from the engagement party of his sister where he downed five Seven and Sevens at the party. Emmanuel Jasper testified against Diego Otieno. Following the grand jury hearings on the matter, the grand jury hands down a Misdemeanor DWI charge but not a felony charge.

Emmanuel Jasper engages John Nash, Esq. to bring a negligence action in NYS Supreme Court, Bronx County where he seeks compensatory damages and punitive damages for the injuries incurred in the Queens County motor vehicle accident. Mr. Jasper sustained a fracture of the left ankle.

1. With respect to the venue of both the criminal and civil actions, what are the proper venues of both the criminal and civil actions, state why the venues are in fact proper or improper?

2. What is the burden of proof in both the criminal and civil actions?

3. Should both cases go to verdict, which case is tried first and do both verdicts have to be unanimous against Diego Otieno?

4. The statement by Diego Otieno regarding how much alcohol he consumed, is that an admission against interest and are the empty bottles of Seagram’s admissible against the defendant?

5. What is probable cause?

6. What is preponderance of the evidence and what are the four elements of negligence that must be established against the defendant by plaintiff?

7. John Nash, Esq. through discovery learns that Diego Otieno only has insurance with bodily injury limits of $100,000 per injured party. Nash demands $300,000 to settle it before trial in NYS Supreme Court, Bronx County. How many of the six jurors must John Nash, Esq. convince that his client was injured by James Otieno?

8. If John Nash, Esq. convinces a jury that his client was injured in the amount of $250,000; where will the settlement funds come from?