Artificial Intelligence Assignment # 2 - Torts - Negligence

Background Facts

David Bogus attended a pledge event at the Pi Kappa Alpha fraternity house at Mexico State University (MSU). The MSU chapter officers planned an evening of hazing, during which the pledges were required to consume vodka provided by the members.

By the end of the night, David's blood alcohol level was more than five times the legal limit. He lost consciousness. The chapter officers failed to seek medical attention. David died during the night. His father, Gary, filed a complaint in an New Mexico state court against the MSU chapter and its officers, on a theory of negligence.

The plaintiff alleged that the defendants required the pledges, including David, to participate in the pledge event and to consume excessive and dangerous amounts of alcohol. Unfortunately, the State of New Mexico is one of six states that doesn't have any type of anti-hazing legislation. David's father plans to bring a cause of action in the appropriate New Mexico court for wrongful death under a theory of negligence.

Create

• Take a position representing either the fraternity chapter at MSU or David's father Gary. Using resources in the MSU Library or free online resources such as FindLaw, Google Scholar, and the New Mexico Compilation Commission, research the issues presented for this assignment and draft a brief legal memorandum comprised of five sections:

(1) FACTS: Use the background facts in the Bogus case (set forth above) which are associated with a hazing incident at MSU resulting in the death of a student and subsequent cause of action for wrongful death. First step, simply cut and paste the facts into to ChatGPT query window using the following prompt" can you spot the issues for this torts law fact pattern".

(2) ISSUES: Second step, Build upon the issues ChatGPT spotted in step 1, turning them into issue statements . The topic headings for each issue are as follows: 1. Hazing and Negligence; 2. Duty of Care; 3. Failure to Seek Medical Attention; 4. Wrongful Death; 5. Anti-Hazing Legislation; 6. Causation; 7. Standard of Care; and 8. Immunity. An issue statement is the question presented to the court for purposes of sorting out the legal rights between the parties to the lawsuit.

(3) LEGAL RESEARCH.: Third step in an attempt to Identify the rules, statutes and case law establishing common law doctrines applicable to the various issues, type the following prompt into the ChatGPT query window, "can you cite any rules, statutes, and/or cases from the State of New Mexico in support of the following fact pattern" (once again use the fact pattern for MSU hazing incident set forth above). Notice - ChatGPT is unable to provide primary sources of law judges require of attorneys but rather suggests that you consult legal data bases. Please know without citing primary sources of law in a courtroom, (i.e. merely relying upon ChatGPT) the judge would most likely scold you, adjourn the case, and send you back to your law office to conduct legal research. For instance, attorneys use expensive computer assisted legal research platforms such as Westlaw Next or LexisNexis to find primary sources of law in support of their client's position. However, free legal resources are available, and so for this step use either FindLaw,Links to an external site. Google Scholar,Links to an external site.New Mexico Compilation CommissionLinks to an external site.to locate any primary sources of law on point to support the secondary sources of law or legal principles ChatGPT located in answer to the legal issues raised in this fact pattern.

(4) ARGUMENTS: Fourth step to answer the issues, type the following query in the ChatGPT query window, "can you answer this hazing and negligence law fact pattern" (once again use the fact pattern for Bogus set forth above). Notice ChatGPT merely provides brief legal principles in answer to the issues without citing any primary sources of law or rationale for the answers. As a result, you must now draft persuasive arguments applying the law you located to the facts of this case. Craft arguments in support of a legal cause of action against the fraternity chapter or arguments in support of affirmative defenses relieving the fraternity from legal liability. (WRITE AN ACADEMIC OPINION, which means.... AVOID 1^st person pronouns like "I," "me," "my.")

(5) CONCLUSION.: Focus on the overall solution to the problem, namely your focus which party will prevail and why? If you were able to find any law in conducting legal research under step 3, cite the rule(s), statute(s), or case(s) that are on point allowing for application as legal precedent. Thinking about the ethical issues raised and answered, what are some possible solutions you would recommend for attorneys in representing prospective clients.

• The memorandum for this assignment will amount to, approximately, a two (2) to four (3) page paper (written in single-spaced, 12-point font with spaces between numbered sections).
• See the sample rubric/formatting for this assignment which is also attached as a resource file.
• The writing work associated with this memorandum is to be 100% your own work, however, you may quote and cite from the materials your professor recommended you employ such as quotations and citations from ChatGPT, statutes, cases, and any other materials you were able to locate through your research efforts using eitherFindLaw,Links to an external site. Google Scholar,Links to an external site.New Mexico Compilation Commission