Topic
Student’s name
Institutional Affiliation
Topic
Plaintiff’s meaning is the person, organization, or company that brings a complaint to a court of law about someone else or another company or organization (Ashworth & Redmayne, 2010). A claim, on the other hand, is a demand or to take ownership of something right. Paula, in a shop- cash mart innocently doing shopping is accused of stealing, she can file several level claims. The types of claims include the definition claim, which is ‘what is it/.’ On this claim mainly focuses on how the situation can be defined. The second claim is the fact claim which asks the question, ‘did it happen?’ or if the 1claim is valid or not. The cause claim- how it happened or what caused it. The third is the claims of value, which shows whether its right or wrong. Then the claims of policy which indicates what should be done.
Paula can claim against cash mart for accusing her of shoplifting is the claim of definition, which indicates what she had done or what she was being accused of. The second claim is the claim of fact which shows weather Paula shoplifted or not, the truth. The cause claim, Paula, would like to know what caused her to be accused of shoplifting. The last claim is the claim of policy that shows what should be done on Paula’s situation. The claims to Geoffrey from Paula include the claim of cause where shows he reasons the golf ball hit her. The claim of facts because its true she was hit by a golf ball at the parking lot (Shulman & Gifford, 2010). The last is the claim of policy what to be done, the judgement.
Tort claims that she would file, a tort file if a claim where one has suffered injuries or damages due to certain actions done, intentional tort. An intentional tort is something that is done knowingly, in this situation Geoffrey was aware that he hit his golf ball hard that it passed his backyard to the parking lot.
The element of claim includes the presence of duty, breach of duty, an injury and the results of the injury from the breach. The guard from cash mart had a duty to observe and be aware that Paula had not shoplifted. Geoffrey also had a duty to play or hit his golf ball according to the size of his backyard. All this would have prevented Paula from getting delayed and from getting hit. Geoffrey was being negligent he failed to take responsibility or care over is playing, he was aware when he decided break out his new driver (Xiao, 2014). The elements of negligence include the duty of care, breach of duty, causation a damage. Negligence was show from the guard where he had not been keen to notice Paula had not shoplifted. Geoffrey on the other hand was negligent for t being cautious therefore causing damages an injury to Paula.
Paula would file her case to a civil court where disputes are solved. The deference between civil court and criminal court is that the criminal court is for offenders against criminal law (Xiao, 2014). Civil courts are proceedings brought by one party against the other.
References
Ashworth, A., & Redmayne, M. (2010). The criminal process. Oxford University Press, USA.
Shulman and Gifford, D. G. (2010). Cases and Materials on the Law of Torts. West Publishing.
Xiao, C. (2014). Comparative Negligence and No-Fault Liability [J]. Science of Law (Journal of Northwest University of Political Science and Law), 1.