Question
A young man named Koffman, in his first year of organized football, was placed on the defensive team under the defensive coach, Wilson Garnett. To
A young man named Koffman, in his first year of organized football, was placed on the defensive team under the defensive coach, Wilson Garnett. To demonstrate proper tackling technique at practice one day, Coach Garnett, without warning, thrust himself into Koffman, picking him up and throwing him to the ground, thereby breaking Koffman's arm.Koffman filed a civil action and sued in tort for compensatory damages alleging that Garnett committed both an assault and a battery upon him.
A. Set forth the correct elements of the civil action of assault.(2 points)
B. Explain whether Koffman wins his case against Garnett for civil assault and why/why not.(4 points)
C. Set forth the correct elements of the civil action of battery.(2 points)
D. Explain whether Koffman wins his case against Garnett for civil battery and why/why not.(4 points)
E.Find the NJ statute that addresses whether a coach can be sued for his players injuries, review it and explain whether the statute would change your analysis or result reached under the common law torts of assault and battery above.(3 points)
The right of publicity is intended to protect the rights of persons, including celebrities, to profit from their "brand" and identities.Clearly, a supermarket that publishes an advertisement with the image of Michael Jordan, along with a red jersey with the number 23 emblazoned upon it can be held to violate Jordan's right of publicity if done without his consent.Does a person or celebrity, however, have a protectable interest in a song or catch phrase that may publicly be associated with, even though the image or likeness of the person/celebrity is not used?Read the case ofJohnny Carson v. Here's Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir. 1983) and answer the following questions:
A. Did the trial court, i.e., the U.S. District Court, dismiss Appellant Carson's tort case based on his alleged right of publicity or did the trial court allow it to proceed to a jury.Explain why. (5 points)
B. Did the Circuit Court of Appeals agree with the trial court's ruling?(2 points)
C. Explain why the Circuit Court of Appeals agreed/disagreed with the trial court's ruling. (3 points)
News outlets are generally protected against civil liability when practicing their First Amendment rights.The First Amendment recognizes the right to a free press, as well as the right to free speech.However, neither right has been interpreted by the U.S. Supreme Court to provideabsolute protections and national news outlets have been sued successfully in tort for violating individuals rights.Beef Products, Inc., George Zimmerman, andNicholas Sandmannare three such Plaintiffs who have successfully brought suit against these national media outlets.Choose one of these Plaintiffs, research their actions and write summary of the claims asserted and the resolution of the case chosen.Be sure to explain the reason(s) for their lawsuits, the nature and elements of thetort or torts that they alleged were committed, any defenses raised by the Defendant media outlet(s) and how the lawsuit was resolved.
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