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Sample Essay on Assignment1

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Sample Essay on Assignment1

There are several documents required by the defendant for him to be in a position to prepare adequately for the case. One is the statement of claim used to file an affidavit of service in a court of law. In addition, documents such as the daily accounts records and sales books need to be perused in details. These documents in the appropriation of the damage caused to the business by the act of widening the highway. The reason as to why I will demand for these documents is to ascertain the damage as well as prepare my submission in a court hearing upon complainant consent to use the particular documents as evidence.

The examination for discovery will involve the AAA body shop limited lawyer and the manager in charge. This will be a fact finding mission in the sense that questions about the list of documents outlined will be asked. A court reporter will provide the facility to be used upon booking. The complainant lawyer will guide his client about the disclosure of information contained in the documents while answering the questions. The reason behind the examination is to familiarize myself with the documents presented as evidence in the court. The following represents the list of questions to be answered by the complainant (AAA body shop ltd manager).

  1. How much was your gross income per month before expropriation?
  2. How much profit was the business making on a daily basis before the expropriation?
  3. In what manner has your customers traffic been affected by the ordeal?
  4. Were you aware of the city’s plan to expand the highway before you acquired the land?
  5. How does flagging of traffic affect your business operation?
  6. Which additional costs have you incurred as a result of expropriation?
  7. How much loss have you suffered in the event?
  8. Was there prior notice as well as caution before the event took place?
  9. How did you prepare yourself for the ordeal before it happened?
  10. Are there any benefits you have achieved from the endeavor?

The information provided during discovery will be essential in preparing legal defense documents and submissions for the defendant who is the City of Surrey. Some of the arguments that arise from the discovery process include the appropriation of financial implication resulting results from the new initiative. This is because the complainant may give the wrong estimates about the loss incurred in regard to the matter at hand. On the other hand, there are new evidences about customer flow in and out of the premises. Fresh data collected will be applied in further discussion in counter attacking the claims by the complainant. The court reporter will issue out the transcripts upon payment of transcript fees and court reporter fee. The original transcript is kept for further evidence during trial. This is an essential step in the preparation of the defendant evidence that is applied for defence.

Lastly, arguments about the costs, revenue and damages caused by the expansion process will be determined through an appropriation method. This is where expert estimates the exact amount of loss AAA body shop ltd has incurred during the process. In case of any misrepresentation of such information, the defence finds grounds for argument in a case. This is because of the fact that the complainant may overestimate the damages caused thus submitting false evidence in a court of law.

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