The scene: Begins at approximately 10:30 p.m. on a Friday night in a crowded Karaoke Bar.

The facts: Biceps and his finace, Princess, arrive at the bar at about 10:30 p.m., accompanied by their male friend, Steroid. Biceps and Steroid are both approximately 5'9" tall and weigh approximately 180 pounds. Princess is 5'4" inches tall and weighs approximately 130 pounds. They are all in their mid-thirties. Before arriving, the men drank "a couple of Coors lights" and the Princess drank "a glass of white wine." After arriving they each had a Margarita.

Mullet and his wife, Queenie, arrive at approximately 11:00 p.m. Mullet is 6'3" in his stocking feet and weighs approximately 230 pounds. He is wearing a cowboy hat, brand new alligator kind cowboy boots, and skintight Wrangler jeans. Queenie is 5'5" inches tall and weighs approximately 135 pounds. Before arriving, Mullet had been at the bar and had a drink when Queenie walked in. They left immediately in a heated discussion. Later, at home, they "drank some wine." Upon arrival at the bar later that evening, due to the crowd of approximately 50 people, they took separate seats, she near the dance floor and he at the bar. Mullet intends to show off his best Toby Keith renditions.

Meanwhile, Biceps, Princess and Steroid are seated at a table across the dance floor next to the stage. They are approximately 30' from Queenie. As seated, Princess has her back to Queenie, Queenie is to Biceps's left and Steroid's right. Queenie and the others are about equidistant from the center of the dance floor on opposite sides. Mullet is behind a wall and out of view of the others.

Biceps has to take a leak and, in order to get to the men's room, must walk past Queenie. Spying her on the way into the men's room, on the way out (inasmuch as Steroid is a third wheel) Biceps asks Queenie if she would like to join them, saying nothing more. Queenie tells Biceps to "f**k off."Biceps returns to their table and tells Princess and Steroid that he asked Queenie if she would like to join them and she told him what she told him. Princess goes over to Queenie and, poking in the left shoulder with her right index finger, asks, "Did you tell my boyfriend to f**k off?"Queenie responds, "No, he asked me to dance and I said, 'no thank you.'" Princess responds, "oh," and returns to her seat.

Princess tells Biceps what Queenie said. Biceps laughs, looks over his left shoulder, and flips off Queenie. Queenie flips off Biceps back, who flips her off back. Queenie also contends Princess flipped her off.Unbeknownst to Biceps, Princess or Steroid, Queenie motions to Mullet. Suddenly, Biceps notice Mullet standing next to Queenie thrusting his arms in the air and yelling, an angry look on his face. Biceps thinks Mullet is saying, "Come on, you want some?", however, it is very loud in the room. Mullet moves forward a few steps continuing with his gestures, his apparent yelling, and with the same angry look on his face. Mullet is now about 10' in front of Queenie and 20' from Biceps. Biceps says, "okay, here we go."

Biceps rises from his chair and turns toward Mullet. They advance toward one another and meet in a clinch in the middle of the dance floor. Biceps strikes Mullet in the head three times with a closed fist, however, due to the clinch and close proximity without much leverage or force.

Steroid leaves his chair and, in an attempt to be peacemaker,grabs Mullet from behind at the neck. The three fall to the center of the dance floor, Steroid on his back, Mullet's back to steroid's front and Biceps's front to Mullet's front , with Steroid's legs wrapped around Mullet's legs.

Biceps wiggles free and pulls his arm back with a fist to punch Mullet while Mullet is restrained by Steroid. About to launch the blow, Biceps right arm is locked up by the intervention of Doorman.

Steroid hears a crunching sound as Mullet make a gurgling noise and discontinues Mullet's resistance. Steroid thinks he may have crushed Mullet's trachea. In reality, Mullet suffers multiple fractures to his leg and contends he was kicked karate style by Biceps.Doorman, after pulling Biceps off Mullet, states that Biceps had no further involvement. No other witnesses saw anyone kick anyone. From the initial clash to Doorman pulling Biceps off Mullet, elapsed time was some twenty seconds.From the first words spoken by Biceps to Queenie, to the time Biceps, Princess and Steroid leave, the total elapsed time is about four minutes.

Doorman is the only security presence at the bar that night.

Biceps, Princess and Steroid leave before the cops arrive.

Mullet's medical bills are $35,000. He misses four months of work at $5,000 per month. Due to his injury, Mullet contends he had to abandon his former job because of its physical requirements and take a job that pays $4,000 per month. Queenie contends she had to quit her job as a cosmetician to run the household and care for her husband. She had just started her job as an independent contractor after graduating from beauty school. Average earnings over the two months prior to quitting were $200 per month.

Despite his request to the contrary, rather than remove his brand new alligator skin boot from his broken leg, the boot was cut off in the emergency room for fear of exacerbating the injury in removing the boot normally. Mullet had just paid $250 for the pair of boots.

Dr. Dufus is the emergency room surgeon that night. He sets Mullet's leg with pins and a screw during emergency surgery, but accidently leaves the screw loose in the leg and sews up the wound. The screw causes an infection that forces Mullet to undergo a future surgery some three months later at the cost of $100,000. Mullet misses two more months of work and is fired because his employer could not wait for him to return.

Dr. Dufus just joined the surgery general partnership of Nix, Cutts and Skars a month before the Mullet surgery. All four are general partners. Skars is about to go bankrupt. Cutts just inherited $5,000,000. Nix is penniless, and took the partnership money intended for paying the medical malpractice insurance and used it to buy a diamond ring for his girlfriend, thereby causing a divorce in which he will lose it all. The premium unpaid, the medical malpractice insurance lapses unbeknownst to Dufus, Skars and Cutts.

The surgery partnership has privileges at Our Ladies of Perpetual Virginity Hospital. Perpetual Virginity Hospital is operated by a cloister know as "The Nones." The Nones exist under the auspices of the Vatican in Rome, Italy. The surgery partnership uses Perpetual Virginity Hospital staff during surgeries.

Biceps got a bump on his head.

Steroid is a former wrestling star who has dabbled in the martial arts.

Local police records indicate that in the preceding three years the police had been call to the bar to break up fights on three occasions.

During the fight and melee, Opportunist pickpockets Sucker and snatches Queenie's purse from Queenie's shoulder. Observing this, Goodguy pulls out a pistol to prevent Opportunist from leaving. Opportunist turns and runs, followed by Goodguy who shoots Opportunist from behind from about 100'. Opportunist suffers a permanent injury that causes him to noticeably limp for the rest of his life.

YOUR TASK:

1. IDENTIFY AT LEAST 10 CIVIL ISSUES AND 10 CRIMINAL ISSUES. EACH OF THESE IS ONE SENTENCE ENDING IN A QUESTION MARK. YOU CAN IDENTIFY AN ENTIRE CRIME OR TORT, FOR EXAMPLE "DID PRINCESS COMMIT THE TORT OF BATTERY WHEN SHE POKED QUEENIE?" OR, YOU CAN IDENTIFY AN ISSUE WITHIN THE CRIME OR TORT, FOR EXAMPLE "IS A POKE IN THE CHEST WITH AN INDEX FINGER AN OFFENSIVE TOUCHING?"

2. CHOOSE THREE CRIMES AND THREE TORTS AND, USING THE "IRAC" FORMULA DESCRIBED BELOW, ANALYZE THEM. FOR EACH CRIME, SET FORTH THE ELEMENTS OF THE CRIME AND ANY DEFENSES TO THE CHARGES. FOR EACH TORT, SET FORTH THE ELEMENTS OF THE TORT, ANY SPECIAL DOCTRINES OF RECOVERY THAT MAY APPLY, ANY DEFENSES TO THE CAUSES OF ACTION, AND GENERALLY SET FORTH THE RIGHTS, DUTIES AND LIABILITIES OF THE PARTIES.

3. YOU MUST USE, AND MAKE OBVIOUS THROUGH BOLD LETTERING, CAPITALIZATION AND/OR UNDERLINING, THE "IRAC" FORMULA. THAT IS, IN ORDER, STATE THE FOLLOWING:

Issue:

Rule:

Application:

Conclusion: