Question
Identify the legal requirements (elements) that a Plaintiff in a defamation lawsuit must prove to succeed. Is it more or less difficult to win a
- Identify the legal requirements (elements) that a Plaintiff in a defamation lawsuit must prove to succeed. Is it more or less difficult to win a defamation case as a plaintiff if the plaintiff is a public figure and why?
(2) Helen was driving her vehicle 3 miles over the speed limit when she drove through a red light and hit Mike on his bicycle while crossing the street. Mike was crossing the street by riding his bicycle through the pedestrian crossing path and did not see the vehicle Helen was driving because he was too busy typing a text message on his cell phone. Mike suffered extensive injuries and sued Helen for negligence. What Mike must prove to succeed in the lawsuit? What defense(s) Helen may provide to defend herself in this negligence case? Does it make any deference in which state the case arose and filed and why?
(3) Please determine for each of the following if there is a conversion to chattel or trespass to chattel or no tort and why?
(a) Bob borrowed his friend's BMW to pick up his girlfriend from the airport and return it back to his friend by 5 pm. Due to a major accident on the way back home, Bob waited in traffic for 3 and half hours which caused Bob to return the vehicle at 8 pm.
(b) Jim left his two-year-old dog with his neighbor Ken so he can watch it for two days while Jim was on business trip. Ken lost his patience when the dog was barking all the time and he started hitting the dog with his broom causing some trauma on the dog's body.
(c) Mike installed his sprinkler at the corner of his property so he can water his grass. Because the sprinkler was too close the property line, when Mike turned on the sprinkler some of the water started falling on the neighbor's property.
(d) Kim loves the outdoors and especially her flower garden. The neighbor's cat is a frequent visitor of the garden and likes to sleep on the plants and flowers which often cause damages. Kim is sick of the cat and upset about the damages and one day she poisoned the neighbor's cat.
(4) Nick was recently diagnosed with HIV after having multiple affairs with some local prostitutes. Because he did not want to destroy his marriage he kept it secret from his wife, Pam. Six months later, Pam found her husband in their bed with a prostitute so she filed for divorce. While the divorce was pending, Pam became ill and upon further medical tests she was diagnosed with HIV. Since she was faithful to her husband, she blamed her husband for her illness and filed a separate lawsuit for negligence, battery, and intentional infliction of emotional distress. Please explain her arguments for each claim and the likelihood outcome of the case.
(5) Aaron and Megan were dating for 14 months until one day she terminated their relationship. Aaron is still in love with Megan and cannot accept her decision so he is repeatedly calls her and visit her home and trying to talk to her. She does not want to continue their relationship and told Aaron never to call or attempt to see her again. Aaron did not listen to her demands and actually increased his attempts to see and talk to Megan. Megan is afraid that Aaron will snap and become aggressive. Further, his behavior has caused great distress on her and she lately spends her days locked in her home. She decided to file a lawsuit for infliction of emotional distress and false imprisonment and asking for actual and punitive damages. Can she recover and why?
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