Question
On a Saturday night in mid-October, Sarah and her friend Namita met up to experience The Haunted Witch Trials, a Halloween attraction in which the
On a Saturday night in mid-October, Sarah and her friend Namita met up to experience The Haunted Witch Trials, a Halloween attraction in which the Salem Witch Trials were re- imagined into a haunted house type of attraction that took place on a 100-acre plot of land. Sarah paid her admission fee at the front gate and was handed her entrance ticket: Namita, however, didnt pay the entrance fee and slipped past the gate attendant while he was busy with other patrons. As the two friends traveled down the path, they were impressed with the level of authenticity in recreating the 17th century village. There were several small village houses, each of which had real fires burning several feet in front of the structure over which were large boiling cauldrons. Hidden fog machines and lighting added to the eerie effect. Curious as to what might be in the cauldron, the friends walked closer to see inside. Suddenly, an actress dressed in 17th century apparel came running out of the woods screaming that she was not a witch, startling Sarah who fell against the cauldron and was burned by the hot metal. Injured and wanting to get quick medical attention, Sarah and Namita looked around for an employee but didnt see anyone other than a few other patrons. The actress who had run out of the woods just moments before was nowhere to be found. Namita said, This is over 100 acres! Lets just cut through the woods to get back to the entrance. Although there was a sign posted near the tree line to the woods that said Employees Only Beyond This Point, they decided to disregard it. Namita started to use a GPS-enabled app on her phone to guide them back to the entrance, but, in the darkness of the unlit woods, didnt see a fallen tree and tripped over it, landing hard on her knee and scraping her hands. She also dropped her phone, cracking the screen.
Page 4 of 5 Angry and frustrated, the two friends finally made their way back to the entrance gate where they found several of the attractions employees. Sarah asked where they could find a first aid station, but the employees told them that the attraction didnt have one. The friends got into their car and drove to the local emergency room. Sarah was diagnosed with a second degree burn on her hand and Namita was diagnosed with a torn tendon in her knee.
What is the legal question which must be answered? What are the parties fighting about, and what are they asking the court to decide?
Rule(s): What legal authorities (case law, statute, regulation, ordinance) govern the question which must be answered. There may be more than one relevant rule of law to a case: for example, in a negligence case in which the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of assumption of risk as a defense.
Application/Analysis: How are the legal rules applied to the facts of the case? The court will have to examine the facts in light of the rule and consider all sides and arguments presented to it. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures?
What is the answer to the legal question(s) which must be answered?
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