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Read the simulation below and then answer Parts I and II on Civil Law Procedures.
Plaintiff Jane Lope is suing defendant John Canyon for a traffic collision that occurred on Camelback Rd. and 35th Ave. in Phoenix, Arizona several months ago. There were many witnesses to the collision, including video footage from a traffic camera at the intersection.
Part I – Relevant Evidence
Rule 401 of The Federal Rules of Evidence (2011) provides the following:
“Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.”
The states tend to have definitions substantially like FRE 401.
In 200-250 words, using the information provided in the short paragraph above, describe the relevant evidence you would gather in preparation for possible litigation. Why does the evidence have a tendency to make a fact more or less probable, and why would the evidence be of consequence to the action (i.e., lawsuit)?
Part II: Civil cases follow a typical set of procedures. Assuming you are now preparing for litigation in the matter described above, describe the procedures you would follow moving forward in the scenario described above. In 750-1,000 words, detail the procedures of the Lope v. Canyon case from first filing to final ruling. Provide citations throughout that demonstrate that the asserted steps in the civil case are accurate. You should provide five to seven citations at a minimum.
This assignment assesses programmatic competency 2.2: Explain the procedures of handling a civil case from occurrence of the incident to final ruling.
