1 Wendy stole a credit card. She bought goods at a department store and paid for them by

presenting the credit card to the sales clerk and forging the owner's name. The clerk became

suspicious of the signature and called Rory, the security guard. Rory detained Wendy, telling her

she had to wait until the police arrived. When Wendy tried to leave, Rory raised his fist and said,

"if you move one inch I will hit you." Rory also took Wendy's bag and locked it in a closet,

where he kept it for two weeks. While Wendy was detained, Melissa, another security guard,

called Wendy names and ridiculed her. The police did not arrive for an hour and another hour

elapsed while she was questioned. To deter future credit card fraud, the department store

published Wendy's name online and said she was a thief. Wendy filed a civil suit against the

store. Will Wendy prevail? Why or why not?

2. Mrs. Palsgraf was standing on the LIRR platform in Rockaway, next to a large scale that was

used to weigh luggage. As a train pulled into the station, a man descended the stairs at the

opposite end of the platform, several hundred feet away. He was carrying a large bag. Two

conductors tried to help him get on the train, one pushing and one pulling him. He dropped the

bag, which was full of fireworks. The fireworks exploded, causing the scale at the other end of

the platform to fall and injure Mrs. Palsgraf. If you were Mrs Palsgraf's attorney, would you sue

anyone for her injuries? If yes, which legal theory would you use and whom would you sue? If

no, why not?