You answered the question in complete sentences with sound reasoning, and cited at least one applicable authority, case, or well-explained legal principle to support the answer, with minimal or no writing errors.

Facts for Questions 3- 6

Simone Parks went shopping on Black Friday. To avoid the holiday parking madness, she used Uber. She used the Uber app to get a ride to the front of Macy's. She went through Macy's to the interior of the mall. When she was done shopping, she stopped for lunch, and she took a to-go order of her favorite beverage, a large, vanilla latt. When she ordered the Uber ride home, the driver was Joel Walker. Mr. Walker seemed to be in a big hurry; he drove quickly, frequently swore out the window at other drivers, and honked the horn repeatedly.

They then picked up another rider, John Royce, who reeked of alcohol. Mr. Royce said he had just been to his office's party, and he had decided to leave his car and take Uber because of "too many trips to the punch bowl."

While they were stuck in traffic, Mr. Royce started to get out of the car, saying, "I'll just walk." Mr. Walker locked the doors, saying, "You're in no condition to be out walking by yourself." Mr. Royce then said, "I'll keep busy another way," and he reached over and grabbed Ms. Parks' breasts. Ms. Parks threw the remaining contents of her latt in Mr. Royce's face. He threw up on the floor of the vehicle.

Mr. Walker rolled down his window and called over to a police officer who was directing traffic. The officer called for back-up. Mr. Walker and Mr. Walker told the police that Mr. Royce said he took Uber because he had been drinking, and that Mr. Royce had grabbed Ms. Parks' breasts. Mr. Royce denied grabbing her breasts, and he said that he was the one assaulted, pointing out that he was covered in the latt she had thrown at him. However, the police told Mr. Royce to get out of the car, and they took a sample of the vomit. The police then put him in handcuffs, gave him a Miranda warning, and notified him that they were taking him into custody for assaulting Ms. Parks.

The police tested the vomit for its contents. Upon establishing that the contents were sufficient to show intoxication, Mr. Royce agreed to a plea deal in which he pleaded guilty to being drunk and a danger to others in public, in exchange for the dismissal of the assault charges.

Excerpt from Uber Terms of Service (section numbers added for ease of reference)

Section 2. The Uber Platform provides a marketplace where persons who seek transportation to certain destinations ("Riders") can be matched with persons driving to or through those destinations ("Drivers"). Drivers and Riders are collectively referred to herein as "Users," and each User shall provide a User account that enables access to the Uber Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the "Services." Any decision by a User to offer or accept Services is a decision made in such User's sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons...

Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a "Damage Fee" of up to $250 depending on the extent of the damage (as determined by Uber in its sole discretion), towards vehicle repair or cleaning. Uber reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged...

Section 3. Restricted Activities

With respect to your use of the Uber Platform and your participation in the Services, you agree that you will not:

• impersonate any person or entity;
• stalk, threaten, or otherwise harass any person, or carry any weapons;
• violate any law, statute, rule, permit, ordinance, or regulation;
• interfere with or disrupt the Services or the Uber Platform or the servers or networks connected to the Uber Platform;...
• transfer or sell your User account, password and/or identification to any other party
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or
• cause any third party to engage in the restricted activities above...

Uber is not responsible for the conduct, whether online or offline, of any User of the Uber Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Uber Platform and participating in the Services, you agree to accept such risks and agree that Uber is not responsible for the acts or omissions of Users on the Uber Platform or participating in the Services...

5. If Simone Parks sues Uber, what would be the result? (10 points)

6.Did the police have the right to test the vomit? (10 points)