Section Three

Answer the questions belowbased solelyon the information provided in Chapter 5,The Big Three: Categories of LawinParalegal Career for Dummies,and Pgs. 10 and 11 inWorkbook.

Remember to properly cite these sources and the corresponding page number to fully support each response.Do not conduct any outside research or consult any other sources for this assignment.

1.While pulling out of her driveway, Bethany becomes distracted by a bee and strikes Melanie, who is riding past on a bicycle.Bethany suffers serious injury as a result of the accident while Melanie is uninjured.Do these facts provide a basis for a valid negligence claim?Why or why not?

2.Bases are loaded and K.C.'s at bat during Company B's annual picnic.K.C. pops a fly ball deep into left field and Larry springs from third base, knocking Mary off her feet as he slides home safe.Mary suffers a severe fracture as a result.Is Mary's claim for assault and battery likely to succeed?Why or why not?

3.During a Sigma Pi Rho fraternity party, inebriated Marty passes out. Practical joker Jake ties Marty to the bed, applies heavy make-up to his face, photographs the scene with his cell phone, and then promptly passes out himself.Marty awakens early the next morning with an urgent need to use the restroom, but is unable to rouse Jake from his drunken stupor until late in the afternoon.A humiliated and hysterical Marty soils the bed and destroys the bed frame trying to get loose.Can Marty file a tort claim?If so, what type of tort would this involve?If not, please explain your answer.

4.Stuart and Lewis are enjoying dinner at Stuart's apartment when an argument ensues over an incident that took place back in high school.In his anger, Lewis yells, "You're a sniveling coward, Stuart!You've always been a coward!"Does Stuart have a valid claim for defamation?Why or why not?

5.Becky's neighbor's barking dog, Butch, is left outside for 8 hours daily while the neighbors are at work.Butch barks when he's ready to go inside and continues barking until someone lets him in. Butch barks when he hears a loud noise, when he sees or hears someone walking or talking.When Butch's owner is at home, he constantly yells at Butch to shut up.Due to the relentless yapping and shouting, Becky cannot tolerate spending any time in her yard.As a result, her once-beautiful garden is nothing but weeds, her pool sits unused in the sweltering summer heat, her tenant has given notice, and Becky has become anxious and depressed.Identify the tort most closely associated with this fact pattern, and discuss any potential remedies Becky may seek through the courts.

6.Stanley fears for his life when Victor, his life-long enemy, threatens to pull out a gun and shoot both Stanley and his dog.Is there a valid tort here?Why or why not?

7.A city ordinance stipulates that all bicycle riders must wear a helmet.Bethany decides to enjoy a cigarette during a leisurely Sunday morning bike ride.As she goes to light the smoke, the chin strap on the helmet pops loose causing her to crash into Melanie, who is enjoying an enormous lead in the annual town-sponsored 5K run.No one is seriously injured, no property is damaged, and the 5K does not offer any sort of prize, but Bethany later learns that the bicycle helmet has been recalled due to a defective chin strap lock which has caused several hundred serious injuries throughout the country, including 22 fatalities.Does this scenario present a valid tort claim involving Melanie and/or Bethany? Why or why not?Please base your answer solely on the facts provided, and what you've learned about negligence, strict liability, product liability, joint and several liability, and contributory and comparative negligence from this week's assigned reading.

8.The neighborhood wizard persuades local hobbit, Frodo Baggins, to travel across the country and cast an evil, magic ring back into the fiery chasm from whence it came.Samwise, employed by Mr. Baggins as a gardener, will accompany Frodo, providing assistance, support and moral fortitude along the way.Sam chooses to forego his normal gardener's salary of 2 pennies paid bi-weekly, and instead, joins the quest out of loyalty and friendship.After a long, arduous and often harrowing journey, Sam and Frodo find themselves at the very fires of Mount Doom.During a vicious fight for Frodo's innocence, and the very freedom of Middle Earth, Sam causes the death of Smeagol.As Samwise's employer, and more significantly, heir to the estate of one Bilbo Baggins (rumored to be worth a fortune and approaching 130 years of age) Frodo is named as co-defendant when Smeagol's surviving family members file suit against Sam for negligence, wrongful death, and emotional distress.Is Frodo likely to be held liable under the doctrine ofrespondeat superior?Why or why not?

9.While riding her bicycle without a helmet, a bee flies into Melanie's ear.As a result, the bike swerves off course and runs into Bethany's car as she is backing out of a driveway.Both women are injured severely enough to require medical attention and to preclude their ability to work for at least six weeks.Discuss the elements of negligence (duty, breach of duty, proximate cause and damages) as they pertain to each party in this situation.

10.A bengal tiger has been removed from a carnival owner due to neglect and mistreatment. A local petting zoo agrees to temporarily accommodate the tiger - affectionately named Benny - until the SPCA can clear out and repair their only appropriate shelter. Veterinary student, Peter, promptly volunteers to care for Benny, providing food, water, and some limited, and badly-needed, medical and dental care. Based on what we have learned about torts this week, please discuss factors that should be considered by the petting zoo consider before accepting Peter's offer?

tort would be one of strict liability. Another example would be the manufacture and sale of a prescription drug that ultimately causes injury or death resulting from "side-effects." grows livio s er not Assi Com Doctrines: Res ipsa loquitur---fault is so obvious from the evidence that there is no doubt of it., e.g., 1. surgical scissors left in the patient's abdomen. Last Clear Chance---Contributory negligence of Plaintiff does not bar recovery if 2. Defendant had a last chance to avoid the accident. Negligence per se---Negligence while violating the law, violating a statute designed to 3. prevent such accidents. Contributory negligence---what a reasonable and prudent tort victim would have done or 4. not done. sviewtini 5. Comparative negligence---degree of responsibility of each party. 6. Respondeat superior---Company responsible for the acts of its employees or agents. An attorney is responsible for torts of paralegal if within the scope of employment. 7. Assumption of risk---voluntarily agreeing to do something dangerous. 8. Strict liability---liability may be imposed when there is no proof of carelessness. 9. Danger Invites Rescue---No liability attaches to a rescuer when the situation is so dangerous that a rescue may be foreseen. The tortfeasor may be liable for the injuries to all parties. 10. Lost Chance---When someone fails to come to the aid of another, or in medical malpractice, when a health care provider fails to treat a patient. Remedies for Torts Remedies include money for: a Compensatory damages (medical bills, etc.) Lost earnings Lost profits Injury to personal property Personal injury Pain and suffering g . Emotional distress h . renoT ollidnil torne Loss of consortium Exemplary or Punitive damages-when malice/criminal intent was present for vilidail 15 11