LAW

Law

A. Advise Cooper of his liability under civil law

The given situation involves two separate cases, one is based on civil law and another is on criminal law. Mr. Cooper has to face both cases simultaneously due to his careless driving that injured Watson and written off his car. Watson sued Cooper for his injuries in the court. On the mean time, Garda arrived at the place of accident, after taking a statement from both parties the police filed a case against Cooper for careless driving.

Two cases filed against Mr. Cooper, one is based on the civil law and another is based criminal law. Civil law is for the civilian cases, it follows the grievances of two private parties. The aggrieved party has to file a case under this law. The Watson sued cooper according to this law, and it is an example of it. On the other hand, criminal law is for civilian verses state cases. Under this law, state and law enforcing machinery file a case on the civilian due to the violation of rules and law enacted by state authorities. In the given situation police summoned Mr. Cooper to the court trial is an example of it.

(1) The procedures that should be followed in bringing a civil claim before the Court and the matters likely to be taken into consideration by the Court in making its determination on liability.

A 1)

Under civil law, the civil liability gives rights to a person to obtain redress from another person. This means ability to sue a person for damages which included personal injuries. There is also a right to obtain an injunction. There is an award of damages from the person who did offense. The balance of the probability is much lower than for criminal related matters (Supreme Court of Ireland, 2013). Under the civil court law, Cooper is liable to appear before the court because Watson sued him for his personal injuries as well as for his written off car.

In this situation, a court with reference to the Watson case file will summon cooper for the trial. This trial will be in the civil courtroom. Cooper is liable to appear before the court. If he fails to appear, it will be the contempt of civil court. The non-attendance upon summon from court in legal proceedings who is held in case. It is considered to be contempt in facia Curiae. On the other hand, non appearance in court for the trail is an insult of the court (Law reform, 2013, p.10). So cooper has to appear before the court for a trail along with his lawyer. His lawyer will defend him in accordance to the rule of law. Judge will hear the voices of both lawyers of cooper and Watson then drives conclusion of the case under the umbrella of law. Aggrieved party gets compensation or justice and sued party will bear the punishment with respect to the magnitude of the ...