Texas Judiciary Assignment
Texas has an unusual appeals process for judicial cases. District courts, where trials on matters of fact are held, are separated into different types according to the kind of cases they hear. You may notice when you vote in county elections, there are civil courts, criminal courts, probate courts, family courts, etc.
All these cases are appealed to a court that has jurisdiction in all of those areas. The First and Fourteenth Courts of Appeals, which meet in Houston, hear all kinds of criminal and civil cases.
After that, however, the process splits again. Criminal cases go to the Texas Court of Criminal Appeals. Civil cases go to the Texas Supreme Court.
Go the the Texas Supreme Court website: http://www.txcourts.gov/supreme/ (Links to an external site.)
Use the “case search” feature to find a case called “Mo-Vac Service Company v. Estate of Fabian Escobedo. (18-0852 ),” decided on June 12, 2020.
Fabian Escobedo was a truck driver who worked for Mo-Vac Service Company, a company out of Dilley, Texas, with a fleet of tank trucks servicing oil and gas drilling sites. Escobedo was killed when his rig ran off the highway and rolled over. His estate sued Mo-Vac, saying his death was caused by his falling asleep at the wheel due to fatigue from being “forced to work grueling hours,” and presented pretty strong evidence of reprehensible behavior by Mo-Vac. Because Mo-Vac participates in the state’s workers’ compensation system, though, a 1916 law says that Escobedo’s benefits payable through workers’ compensation are the “exclusive remedy” for this unless it can be proven that Mo-Vac basically wanted the accident to happen and believed that the his death was substantially certain to result from it – a nearly impossible standard for a plaintiff to prove in a lawsuit like this.
Write a 2 – 5 page essay explaining the facts of the case and how the court ruled. What did Chief Justice Hecht say about the court’s reasoning in his majority opinion? What is a concurring opinion, and what did Justice Guzman say in hers? Note the unusual step taken by Justice Guzman in urging the Texas Legislature to take a look at the workers’ compensation law next year. Is that an appropriate role for a judge? Most important: If you had been on the Supreme Court, how would you have ruled and why? [Interesting note: You’ll notice it says “Justice Lehrmann did not participate in the decision” – it’s because she was sick with COVID-19. She’s now recovering)
Here’s where you can find the official court opinions: https://www.txcourts.gov/supreme/orders-opinions/2020/june/june-12-2020/ (Links to an external site.)
JDSupra explains the case: https://www.jdsupra.com/legalnews/texas-supreme-court-clarifies-standard-48737/ (Links to an external site.)
Landline, a truckers’ publication, has a nice article about the case: https://landline.media/texas-supreme-court-rules-on-workers-compensation-wrongful-death-case/ (Links to an external site.)
BusinessInsurance.com has this article: https://www.businessinsurance.com/article/20200615/NEWS08/912335117/Exclusive-remedy-bars-family-from-suing-in-Texas-truck-driver%E2%80%99s-death-Mo-Vac-Ser
Why Work with Us
Top Quality and Well-Researched Papers
We always make sure that writers follow all your instructions precisely. You can choose your academic level: high school, college/university or professional, and we will assign a writer who has a respective degree.
Professional and Experienced Academic Writers
We have a team of professional writers with experience in academic and business writing. Many are native speakers and able to perform any task for which you need help.
Free Unlimited Revisions
If you think we missed something, send your order for a free revision. You have 10 days to submit the order for review after you have received the final document. You can do this yourself after logging into your personal account or by contacting our support.
Prompt Delivery and 100% Money-Back-Guarantee
All papers are always delivered on time. In case we need more time to master your paper, we may contact you regarding the deadline extension. In case you cannot provide us with more time, a 100% refund is guaranteed.
Original & Confidential
We use several writing tools checks to ensure that all documents you receive are free from plagiarism. Our editors carefully review all quotations in the text. We also promise maximum confidentiality in all of our services.
24/7 Customer Support
Our support agents are available 24 hours a day 7 days a week and committed to providing you with the best customer experience. Get in touch whenever you need any assistance.
Try it now!
How it works?
Follow these simple steps to get your paper done
Place your order
Fill in the order form and provide all details of your assignment.
Proceed with the payment
Choose the payment system that suits you most.
Receive the final file
Once your paper is ready, we will email it to you.
No need to work on your paper at night. Sleep tight, we will cover your back. We offer all kinds of writing services.
No matter what kind of academic paper you need and how urgent you need it, you are welcome to choose your academic level and the type of your paper at an affordable price. We take care of all your paper needs and give a 24/7 customer care support system.
Admission Essays & Business Writing Help
An admission essay is an essay or other written statement by a candidate, often a potential student enrolling in a college, university, or graduate school. You can be rest assurred that through our service we will write the best admission essay for you.
Our academic writers and editors make the necessary changes to your paper so that it is polished. We also format your document by correctly quoting the sources and creating reference lists in the formats APA, Harvard, MLA, Chicago / Turabian.
If you think your paper could be improved, you can request a review. In this case, your paper will be checked by the writer or assigned to an editor. You can use this option as many times as you see fit. This is free because we want you to be completely satisfied with the service offered.