...Synopsis of Tort Cases In this paper, you will find synopsizes of four tort cases. Each scenario will include the type of tort actions in the case, potential plaintiffs and defendants, elements of the tort claim that constitute the plaintiff’s claim as well as any defenses that the defendant may assert. Additionally, you will find the writer opinion as to how they believe the claim will be resolved along with the legal reasons for their belief. Scenario One The torts actions, elements, potential plaintiffs, defendants, and claim resolution arise from a series of actions that took place at a football game. Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and sending the ball into the stands, injuring a fan. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the aisle steps, knocking out two of his front teeth. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel’s boss...
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...Synopsis of Tort Cases Paper BUS/415 Business Law Scenario 1: There are two tort actions found in the first scenario. The first tort action is Ruben for pushing Daniel and knocking out two of his teeth. The second tort action is owner of the ball field for poor maintenance and improper weight restriction limits on the railings of the stands. The potential plaintiffs in this case are the injured fan, Malik and Daniel. The stadium owners would be potential defendants in cases brought on by the fan injured from the football, by Malik for the faulty railing, and by Daniel for the diabetic coma (University of Phoenix, 2011). Daniel could be a potential defendant for assaulting Malik after spilling the beer on Daniel’s son. Daniel’s boss could be a potential defendant because he wrongfully fired Daniel. Daniel might be a potential defendant for shooting Malik, but being this was in self-defense (if Daniel did not know the gun was not loaded) the case would probably be decided in Daniel’s favor. The elements of the tort claim that constitute the plaintiff’s claim Daniel could say he was trying to protect his son Ruben’s pride for Malik spilling the beer on him. So he shoved Malik to let him know this type of behavior was not acceptable. Daniel defense against the woman he could sue her for defamation of character. The woman did not see the incident so to jump to conclusion was wrong. Daniel defense against the boss is wrongful termination. He was going on hearsay and...
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...Your Name Karen Romine Instructor Name Professor Joshua Dalrymple Class/Section LS100-01 Interview Project Proposal Legal Studies Professional Interviewee Who: Candy Inman of Daniels Law Firm Why: Candy is a paralegal. She has worked for the Daniels Law Firm for 15 years. I have talked with her a few times. She is pleasant, respectful, kind, and a good personality. She was very helpful. I chose Candy Inman. She has worked for Daniels Law Firm for 15 years. I have used that Law Firm before and she was very pleasant and helpful. I liked her a lot. I have called a couple of times and she was very knowledgeable. List of Potential Interview Questions What was your Education/Training? Candy has had no formal training. She has learned everything on your own or from what Mr. Daniels has taught her. She would get other files and see how something was written. It took her a while to understand the law but she said it clicked one day. Do you have a license or certification? She has no license or a certification. Mr. Daniels taught her what she knows. She went to court with him and learned a lot from there. She taught herself a lot of what she knows about writing wills, estate, and court documents. Why did you pick this career? She applied for this job and Mr. Daniels and Candy got along really well at the interview. He hired her on the spot. She has really enjoyed the job and sees herself working there as long as the office is open. They handled all aspects...
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...Synopsis of Tort Cases Paper Matt Howze, Kim Woodard, Anthony Fennell, Mario Hauser, Mike Anson BUS/415 Mrs. Pamela Weddell June 12, 2011 Introduction Throughout this reading, we have evaluated several scenarios and made legal decisions based on the information that we know and the information that we have learned in the previous chapters. Our goal is to determine the tort actions seen in the scenarios identify potential plaintiffs, identify potential defendants, why they are defendants, the elements of the tort claims that constitute the plaintiffs’ claims, any defenses that the defendants may assert, and how the case will be resolved with legal reasoning. Scenario 1 What tort actions do you see? Intentional: Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of eminent of harm. Battery an unauthorized and harmful or offensive physical contact with another person Duress/distress a person whose extreme an outrageous conduct intentionally or recklessly cause severe emotional distress to another person is liable for that emotional distress. Defamation false statement made by one person about another in court the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff. Also the statement was intentionally or accidentally published to a third party. Slander oral defamation of character Unintentional torts: Negligence a doctrine that says a person is liable for...
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...Synopsis of Tort Cases Team C: Michael Colschen, Christina Thomason, and Shawn Glover BUS/415 April 5, 2011 Carol De Muth, Facilitator Torts and Liability Torts arise when negligent activity by one individual to another individual results in injury or liability from the action. The negligent party owes a duty of responsibility to provide recourse in the form of reimbursement through monies or other court appointed determinations as restitution for the negligent act. Tort cases are mostly negligent acts that involve suits heard in civil court. Tort cases are brought forth by private citizens, whereas criminal acts involve prosecution by the government. The tort acts demonstrated in this scenario involve bodily harm from negligent acts, defamation of character, and negligence for safety, medical malpractice, and broken promissory note. Scenario One Synopsis The scenario one contains several torts that involve damage, injury, and wrongful acts that involve potential civil lawsuits for strict liability. The scenario begins with a Daniel and his eight year old son Reuben attending a football game. The quarterback receives an injury from a player on the opposing team. The quarterback could file a lawsuit against the opposing team member for the injury as an act of bodily harm but the defendants defense states a circumstance that comes with the occupation of playing football. The quarterback can file a workman’s compensation claim against...
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...tackle the quarterback. The plaintiff in this case would be the quarterback. The opposing player would be the defendant because he is the person who intentionally tried to hit or tackle the quarterback. The quarterback has the right to sue the opposing player because the hit was an intentional battery. This claim will be difficult for the plaintiff to win in court because football is a dangerous sport that consists of many risks. Malik vs Quarterback Malik is the fan who got injured by ball that was thrown by the quarterback. Malik is considered to be the plaintiff while the defendant is the quarterback. The quarterback is the defendant because he unintentionally assaulted Malik. Malik will sue the quarterback because he was injured by the football. The quarterback in this case owed a duty of care to the plaintiff by carefully throwing or aiming the ball away from the stands. Malik vs Daniel Daniel got really upset at Malik because he spilled cold beer on his 8 year old son Ruben. Taking matters into his own hands, Daniel shoved Malik causing him to fall and hit the aisle steps, knocking out two front teeth. Malik will sue Daniel. In this case, Malik would be the plaintiff and Daniel would be the defendant because he intentionally used assault and battery through actual cause. Malik will have the strong case against Daniel. Daniel vs Lady Standing in Line Daniel who would be the plaintiff in this case can sue the lady standing in line at the concession...
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...Torts Cases Nathaniel Brown, Maxine Holley, Jacinta King, and Cheryl Williams BUS415/Business Law June 25, 2012 Monique Peebles Torts Cases A tort is “the French word for a ‘wrong’. Tort law protects a variety of injuries and provides remedies for them. Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or to the party’s property.” (Cheeseman, 2010, p. 95). Tort laws are enforced under civil law and help individuals recover damages incurred related to property damage or loss, medical expenses, restitutions for pain and suffering, and mental anguish. Team A will identify the tort actions in four scenarios, potential plaintiffs, potential defendants and why each one is viewed as a defendant. The team will also identify various elements of the tort claim that constitute the plaintiff’s claim, defenses the defendants may assert, and provide hypotheses as to how the claims might be resolved and the legal reasoning behind the hypothesis. Scenario One Daniel and Ruben are enjoying the day at a football game when Malik, a fan, reacts unexpectedly spilling beer on Ruben when the referee’s calls an incomplete pass. Daniel shoves and injures Malik when he falls against the railing, which gives way causing Malik’s face to hit the steps in the aisle knocking out two teeth. When leaving the game, Daniel, a diabetic, stops to buy diet drinks and a lady waiting in line smells beer on Ruben and begins shouting at Daniel, accusing...
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...Insanity Defense is one of many defenses to criminal liability that falls under the Excuse defense. When a person pleads excuse they admit that what they did was wrong, but under the circumstances they were put in, they aren’t responsible and shouldn’t be held responsible. Excuse defenses are presented after the prosecution has proved their case beyond a reasonable doubt, and when the defendant has yet to prove that their conduct was justified. When using the insanity defense, the defendant has to carry some of the burden of proof, proving that they have an excuse in order to avoid criminal responsibility. Insanity is a legal term used that refers to a mental disease or defect which would impair a person’s reason or will to control their actions. Much of the public...
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...Synopsis of Tort Cases Team C will analyze the synopsis of four scenarios. The team will identify tort actions, potential plaintiffs, potential defendants, and which elements of the tort claim constitutes the plaintiffs claim. Team C will also identify any defenses the defendant may use in each scenario. Each synopsis is evaluated on how the claim will be resolved with team C stating legal reasons for the resolution. Football Game Scenario A potential lawsuit is torts of past and future medical expenses, pain and suffering, and mental distress from the plaintiff quarterback whose arm was broken. The defendant in this case is the opposing player. The defense here will be there was no breach of duty or evidence of intentional assault. This case may be dismissed because football contracts will state the possibility of various injuries for football players. Malik a plaintiff against the stadium was injured when the railing could not support his weight. Daniel is a potential defendant for pushing Malik resulting in assault and battery. The defense in this situation is the random act of getting pushed made the railing support more wait than it normally bears. This case could result in damages paid to Malik by the stadium and by Daniel. Ruben, a minor, had beer unintentionally poured on him is a plaintiff against Malik for mental distress. Ruben may also seek damages for future medical expenses, pain and suffering, and mental distress against the concession...
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...misused and in most cases it is. At times that tort law includes the protective barrier over criminals, and in many cases it is used as exactly that. This paper examines the lives of varied individual in four different cases in which tort law is used, and quite possibly abused. The Scenario Paper In any courtroom across the country, and more than likely, across the globe, a person can find the use of tort. Over the years, the governing bodies in tort law have transformed it from its common law origins. Tort, as with any law, is forever changing and evolving by the use of lawyers and judges, alike. Despite certain efforts for the reform of tort, it is still difficult to overlook the use of modern torts and fail to see the convoluted system of rules and laws covering the main purpose of tort law. According to the Cornell University Law School website (2010, para. 4), “torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products).” This paper will examine a few of these types of torts and their possible outcomes. Scenario One In scenario one, there are several intentional and unintentional tort actions that are displayed. The torts that clearly stand out are battery and intentional infliction of emotional distress. Actional battery existed when Daniel came into physical...
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...Synopsis of Tort Cases In this assignment Team B is writing a synopsis for four tort cases in which we will try to identify specific areas of the case. In each case we will identify the tort action in each case, which is the wrongdoing within the scenario. We will also identify the plaintiffs in the scenarios along with the defendants in each case. The identification of the elements within the tort claim will also be identified for each scenario. The defense that the defendants may assert will be addressed to show how the defendants plan on pleading their case. After each scenario is evaluated the decision on how each case would be resolved will be stated with legal reasoning for each answer. Scenario #1 In the scenario presented, many things occur. Some of these are intentional actions and some happen by accident. From a legal perspective, these are referred to as tort, which is considered to be a “civil wrong.” Generally, these are not covered by law or statute. A plaintiff has the can be compensated for damages that were sustained as a result of the tort. There are several tort actions present in the case, these include: battery, defamation, wrongful termination, and negligence. There are several potential plaintiffs in this case. First there is Malik, who can claim battery at the hands of Daniel for the fall that breaks his teeth. Malik might make a civil case for being shot. Daniel could also be subject to criminal charges. Second, Daniel could pursue defamation...
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...An alibi defense is when the accused person will state a claim that it was impossible for them to have committed the alleged crime because they were somewhere else at the time the crime occurred. A very famous example of an alibi defense would be the 1995 criminal trial of the People of the State of California vs. Orenthal James Simpson ( O.J. Simpson murder case). Whereas in his initial defense Mr. Simpson claimed he was at home alone packing before he traveled to Chicago. He even had a witness named Rosa Lopez who claimed she saw his car parked outside his house during the time of the murders. Unfortunately for the defense her testimony was never able to reach the jury because his alibi fell through when Ms. Lopez was cross examined by the prosecutor on videoand could not account for the exact time she saw his car parked outside his home. A justification defense is when the accused accepts responsibility for the crime they are accused of, but then argues that the act the committed was justified due to the circumstances. This was the reason no charges were filed to Sarah McKinley. On New Year’s Eve 2011, two intruders armed with a 12 inch hunting knife threatened the lives of her and her infant child. She called 911 and before the police arrived at the scene the two men tried to make entry into the house through a barricaded door. With all lesser means exhausted she was forced to defend herself by means of shooting the first intruder as he made his way into the house. Upon...
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...Chad Chambers BUSI301 Professor Martin September 25, 2011 Courtroom Observation The court case White vs. Patrick Gibbs and O’Malley’s Tavern took place in the United States District Court in the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern are pursuing a summary judgment. Summary judgment is the resolution of a case without trial if the judge deems that there are no disputes to the material facts of the case. The Defendants in this case claim there is no evidence to support that bartender John Daniels saw any visual signs of intoxication from Edward Hart and only contextual knowledge can be proven. If the defendants can prove there were in fact no visible signs of intoxication then they will not be subjected to any legal wrong doing based off the 1988 Indiana Supreme Court Case which stated that contextual knowledge alone will not suffice. The plaintiff, Deborah White, is requesting that the court denies the defendant’s request for summary judgment. The plaintiff claims to have sufficient evidence which will prove bartender John Daniels did see visible signs of intoxication from Edward Hart. Edward Hart had consumed 11 drinks within a two hour span while at the Tavern. Regardless of body type, shape or size that amount of Alcohol consumed by a single individual can reasonably infer that he had shown visible signs of intoxication. Edward Hart had been observed falling off of his stool as well as tripping over a pool stick by another...
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...Synopsis of Tort Cases Paper A synopsis is a summary of the text or subject, and in each scenario there are tort actions that need to be identify, and to make out who are the plaintiffs and defendants in these scenario cases. We will explain which claim got resolved by taking legal actions for the reason’s they were put in these different dangerous situations that could have been avoided. Scenario One Scenario one deals with intentional tort, unintentional torts and strict liability tort. The first intentional tort is the battery by Daniel on Malik for accidently spilling cold beer on his son Ruben. Daniel shoved Malik which caused him to fall. Malik tried to break his fall and grabs the railing which didn’t support the weight of Malik. The railing broke and Malik hit the steps and knocked out two of his front teeth. This will fall under strict liability tort. Malik can file a law suit against the owners of the football stadium for not ensuring the railing was safe for everyone in the stadium. This fall under product liability “The liability of manufacturers, sellers, and others for the injuries caused by defective products.” Cheeseman (2010). “Defamation of character false statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally” Cheesesman (2010). Daniel can suit the woman in court for intentionally making...
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...loan and offered Holly Hill’s promissory note as collateral. (Daniel F. Hinkel, 2008) Charter Bank has to go every extent to recover its loan from Rogers and Blythe and in this perspective, Holly Hill acres has to bear the brunt literally speaking. Under normal circumstances, it is not expected that a lender sues any third party but in this instance, the reference to the mortgage in the note seals the fate of Holly Hill. Chapter 23.8 The Angelini’s wins the case. When General was entering into an agreement, they knew for sure that Lustro was not only nearly insolvent but also that they had engaged in questionable business practices in the past. It is not legal to enter into a business agreement, more so a promissory note, with a dubious company. This means that General should bear full responsibility of entering into a dubious deal. (Daniel F. Hinkel, 2008) Lustro on the other hand did breach the law by assigning the note to General way before it had even matured. It’s totally inexplicable on the side of Lustro to use the note a mere 10 days after it was signed. It’s totally unjust to lay fault on the Angelini’s since the terms and conditions of the note we not followed accordingly. Chapter 24.13 Five Star Solar Screens Company did not act ethically act ethically in this case. This is due to the fact that they never lived up to fulfill...
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