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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a civil action for damages, plaintiff Mia Tan sues defendant Parkside Amusements, Inc. (owner) and Parkside Maintenance Co. (maintenance contractor) for injuries arising from a roller-coaster derailment at Parkside’s amusement park. The incident occurred at 4:05 p.m. on April 18, 2025. Plaintiff alleges negligent maintenance and failure to perform timely inspections caused the derailment and injuries. Defendants deny liability, contending the derailment was due to an unforeseeable manufacturing defect and that the ride had been tested and was in compliance at the time. Plaintiff offers: (i) CCTV footage from a security camera inside the ride plaza showing the car derailing and passengers being jolted; (ii) maintenance logs showing the last service was two weeks before the incident; (iii) a medical report detailing injuries; (iv) two eyewitness affidavits supporting plaintiff’s version. Defendants offer: (i) a signed statement from a technician attributing the derailment to a manufacturing defect; (ii) a recent inspection certificate stating the ride was in compliance at the time; (iii) an unsigned neighbor statement claiming the ride occasionally jolted but never derailed. The court must apply the civil standard of proof known as preponderance of evidence. (a) State the standard of proof in civil actions and which party bears the burden of persuasion. (b) Apply the facts to determine whether plaintiff has proven liability by preponderance of evidence and explain briefly.

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Clara

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