• Research: a minimum of 1 statute, two cases, and two secondary legal authorities (legal article/encyclopedia/restatement of torts/ALR) for each tort (total: 2 statutes, four cases, four secondary authorities)
• Analysis of research: Properly and completely explained how the facts are given are similar/different to the authorities used and how the authorities apply to the facts (impact the law has on the facts). There must be a discussion of whether the authorities are mandatory or persuasive (jurisdiction is Florida).
  • Discuss each authority in a separate paragraph (bullet each source)
  • Example:
    • Florida Statute xx: Defines the tort of assault as.... (citation). This statute applies to our facts....discuss each key fact that matches the language of the statute. The Statute does not .... therefore, case research is necessary to determine ......
    • X v. X (citation): The court held ..... This case applies to our facts..... The difference in this case to our facts are .... and can/will not change the possible outcome. This case is mandatory because .....
    • etc. etc.
• Citations and Key Cite: All resources are current, good (constitutional/law still applies) and citation format is proper using ALWD
• Research Maps - also known as Research Trail or Research History (must show the authorities used in your outline)
  • LexisNexis
  • Westlaw

ASSAULT AND BATTERY HYPO

Intentional Act(s) by the Defendant

Intent to create a reasonable fear of imminent harmful or offensive contact The Plaintiff imminently fears harmful or offensive contact as a result Battery Elements

act(s) by Defendant that causes harm to the plaintiff

Intent to cause harmful or offensive contact to plaintiff

Harmful or offensive contact occurs

HYPO:

Miami Dade College Wolfson/Kendall Campus Paralegal Studies Program

Two parties, going on simultaneously at Blue Martini. Both have booked private areas; both are being serviced by waitstaff designated for the parties and are being served pre-selected catered menus with an open bar.

Party One, the Capulet's are not enjoying their party. The staff provided is new and they are making rookie mistakes and they are growing angrier as the night passes as they being to manifest the belief that their party is ruined. Specifically, the staff they prefer is working another event and they are not happy about it. They can see their usual servers smiling and seamlessly entering with full platters and drink trays and exiting with empties and cannot figure out why they got stuck with the rookie staff. One member of the party, Tybalt, finally storms over to the other private area and demands to know why they are getting substandard service. Party Two, the Montague's are stunned into silence by Tybalt's rudeness. Mercutio is the first to recover and tells Tybalt to leave before he finds himself in a world of hurt while standing up from the table and reaching for the hem of his shirt as if to show he is armed. His cousin Benvolio is in no mood for a fight and pulls him back to his seat and again tells Tybalt to leave before he gets hurt. Tybalt leaves but promises that they will finish this later.

Both parties end and everyone makes their way to their cars. Some via the valet stand and some in a nearby parking garage. Tybalt, Gio and Alex are leaving the garage when they spot Mercutio

and Benvolio at their car. Tybalt stops the car and gets out and demands that they finish what they started at Blue Martini. He says he told them it was not over and that he does not appreciate the threats they made back at the lounge. Mercutio says that no one was threatened and that Tybalt needs to get out of his face because he is in no mood. Tybalt closes the distance between them and, pointing his finger in Mercutio's face says that he was told to leave before he got hurt and that when he left, he said it was not over. Mercutio demands that Tybalt get his finger out of his face and step back. Instead, Tybalt, believing that Mercutio is armed based on his actions at the Lounge, throws a punch. Mercutio blocks the punch and responds with a punch of his own and the two begin fighting. Gio jumps out of the car and jumps in to help Tybalt and Alex shouts encouragement to his friends as they begin to get the better of Mercutio. Benvolio, seeing his friend trying and failing to fight off two jumps in and helps. Shortly after the police arrive and break up the fight.

QUESTIONS:

How does the Restatement of Torts define an "intentional act?" How does the Restatement of Torts define "reasonable fear?" How is "harmful or offensive contact" defined?

What are the key facts for assault in this hypo?

What are the key facts for battery in this hypo?

Using the grid below match the elements for assault to the key facts

Using the grid below match the elements for battery to the key facts

What is/are the issue(s) presented for assault? What is/are the issue(s) presented for battery? Using Florida law find the following

a. A statute that addresses assault

b. A statute that addresses batter

c. A case that addresses assault

d. A case that addresses battery

e. Two cases that are on point for this scenario.