Question
1. Donald and Gloria hosted a late afternoon cookout at their home. Justin, who was 19 attended. Alcohol was served at the party and Justin
1. Donald and Gloria hosted a late afternoon cookout at their home. Justin, who was 19 attended. Alcohol was served at the party and Justin consumed it at the party. Justin went home with one of the other guests to sober up and then attempted to drive home. On his was home he had a fatal car accident and died. An autopsy revealed that he had a blood alcohol level more than the state's legal limit. Justin's mother filed suit against Donald, Gloria and other guest alleging negligence. a) Considering the facts posed above, what are the arguments in favor of and opposed to holding Donald and Gloria (social hosts) liable for Justin's death? b) The states vary on the liability of social hosts. In other words, justice is not equal for social hosts who serve alcohol at their events, especially to minors. Why? What is New York's position? See the case of Marcum v. Bowden, 732 SC 452 (2007) for assistance with our answer.
2. What is an intentional Tort? Defamation is an intentional tort. What are the elements of defamation? In the case of N.Y. Times v. Sullivan,376 U.S. 254 (1964) defamation regarding a public person was defined by the U.S. Supreme Court. Please provide the following: a. Facts of Sullivan Case b. Relevant law in Sullivan Case c. Holding of the court in Sullivan Case The Sullivan case has been used in many holdings regarding "public people"; using shepherd's citations or any other means: find any case where Sullivan has been used as a precedent and provide: d. Facts e. Law f. Holding of the case g. How did the case you are affect the holding in Sullivan?
3. Define the concept of Negligence providing and explaining its various elements In your own words provide an example of negligence you have experienced and also provide the liability for your negligence example. What are the defenses to negligence In the case of Pals graph v L.I.R.R., Pals Graf v. Long Island R.R. Co., Ct. of App. of N.Y., 248 N.Y. 339, 162 N.E. 99 (N.Y. 1928). the Court provided the concept of "proximate causation" a. What are the facts, the law and the holding of the court in Pals graph? b. What is "Proximate Causation" and how is it applied in everyday life? c. What is your opinion of the Court's decision in Pals graph? Define: Strict Liability Using Lexis or any other legal search tool, or the footnotes in your textbook, research any case in which the court applied strict liability and brief the case providing the Facts, Relevant Law, Holding of the Court and your opinion of the Court's holding.
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