which of the following scenario would likely give rise to a criminal trial, a civil trial or both?

file criminal ? or Bath & SUBSTANTIVE AND PROCEDURAL ISSUES 111 Eplam yout Leadonmy ASSIGNMENT 5.1 termine which of the following scenarios would likely give rise to a criminal inal, a civil trial, or both. Explain your answers Tition boterben two cars, and 6) Curt is an attorney whose cient loses a case driver is ticketed for texting while cdriving in a state wi at trial The cont is incensed and believes the loss in solely the result of Curt's poor skills as an (2) Mark's car is crushed when a city hires a tree amoray. move a tree that is too close to a Parn is a paralegal (not a licensed attomey) who in doing so, the been trimmer cauint helps a fand save money by preparing all of the tree to fell onto Mark's car the documents for the brand's divorce At the (3 George is legally hunting on land owned by a last minute, the friend's soon-to-be no hires an Insend George is very near the property line attorney The inend thinks the matter wall ba denoting land that does not belong to his simple and relies on the papers that Par drew Fiend. The adjacent landowner seen George up and gave to her. She does not even bell approaching his property with a gun and thinks Pam about the development, At the hearing. The is about to cross the line to harm the level the friend loves custody of her children and is owner's family He shoots George, causing him ordered to pay child support to the ex-spouse to become paralyand The situation is the same as in 37, but now Consider the same facts as in #3, but add the assume that Pam is a licensed attorney fact that George has set up a deer stand in a Carol and Dominic decide to make money by tree that happens to be just across the landown- providing care to terminally ill persons who er's property Ine George is fading away from cannot afford nursing horne care. Families pay the adjacent landowner's property at the time of Carol and Dominic to live with and provide care the shooting and is using the fence to help him for their loved ones. After one such individual climb into the deer sand hidden in the trees dies, Dominic and Carol produce a document in 6 Kate is a well-taught tax preparer, She advertises which the patient agned over ownership to her tax preparation for low foes and does other poo- property to them. The document was registered ple's returns as a business to make extra income with the county recorder of dauds came week She makes no claims in her advertising or to prior to the death, The family refuses to honor clients that she has any particular type of educa the document because their loved one was tion or expertise with regard to the preparation. heavily medicated for the last several months of One of her clients is audited and found to have the illness, and there is a prior will granting all Sled a fraudulent return. The client is not only property owned by the individual at the time of fined heavily, but is also sentenced to 30 days death to her children, in jail. The client wants Kate to be held account 10 Sam is drunk and, as he attempts to leave his able for her preparation of the return, because house, he hits the car of a friend that is perked in the client relied on Kate's expertise. Sam's driveway Sam never leaves his own property. SUBSTANTIVE VERSUS PROCEDURAL LAW substantive law The law that creates For hundreds of years, substantive and procedural law have coexisted. Without pro- and resolves the Have cedural law, substantive law could never be created. Without substantive law, there between the parties, would be no need for procedural law. More than over in today's complex society, sub- legal standard that stantive law and procedural law play equally important roles in our legal system. guide conduct and are applied to determine Substantive Law whether conduct in a particular situation was Substantive law creates, defines, and regulates rights-as opposed to procedural, legally appropriate. law, which provides a method of enforcing rights.' Substantive law is exactly what its