Prof. Thomas Noto
TO: Senior Partner, Attorney for Plaintiff
FROM: Peter Vega, Paralegal
DATE: DECEMBER 26, 2015
RE: The Likelihood of a Successful Recovery by the Client
This case involves two minors namely Davis Hilary and Bobby Jones respectively.
Davis Hilary, a 10th grader student was threatened and eventually held down by Bobby Jones, an 11th grader on April 3, 2011 at 3:20pm. The said incident took place at school bus on the route homebound.
Davis Hilary sustained some cuts and was observed to be distressed both emotionally and psychologically from the incident which occurred.
One of the witnesses by the name of Melissa, was a younger
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DISCUSSION There are five elements that will prove that Bobby Jones had attacked Davis Hilary which caused both physical and emotional anguish. The first element is the sufficient evidence--it is likely that the adequate evidence will prove that indeed Bobby assaulted Davis. Another element is on the witness. A witness by the name of Melissa Jones who identified Bobby as the assailant. Third element is the presence of the incident report from Ron Clemmons the bus driver. Fourth element is the confession by Bobby Jones which he admitted on doing the act and lastly, the medical report which proved that Davis had been checked by the doctor with diagnosis on both physical and the degree of anxiety. Under the jurisprudence, parents can be held liable and accountable for the acts committed by their children. In this effect, the liability would fall on the parents of Bobby Jones to reimburse Hilary for the suffering which was caused by their son. Some states have taken action to hold parents liable and criminally responsible for the acts done by their children followed by neglect type statutes and civil liabilities. As of present, all states except New York and New Hampshire have provisions holding parents civilly responsible for the crime of the youth, with an average maximum recovery of $4,100 (Pearson, 1996)
Elizabeth Pearson, Parental Responsibility Laws: An Overview 62 (Aug. 6, 1996) (unpublished M. Public