Midterm Essay
Tort Law
Torts and Defenses
FACTS:
Teenage Son has borrowed parent’s car one evening. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last possible moment, barely escaped injury when he finally jumped aside.
Unbeknownst to either your son or his girlfriend, her younger brother had crawled into the back of the car during the fracas with the father. Once your son pulled out of the
…show more content…
The Little Brother screamed to be released from the care. Once the Teenage Son was aware of the brother being in the car he (1a) acted to keep boy in the car for several miles, (1b) this action by the Teenage Son directly kept the Little Brother in the confinement of the moving vehicle before releasing him, and (1c) the little brother wanted to be out of the vehicle. The elements for false imprisonment have been met. The third intentional tort committed was by the teenage son for trespass to land. A person who enters or wrongfully remains on another’s land has committed the tort of trespass to land, (Tort Law for Legal Assistant, pg 39). One is liable to another for trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally (a) enters the land in the possession of the other, or causes a third thing or person to do so, (b) remains on the land or (c) fails to remove a thing he is under a duty to remove (Lectric Law 2009). When the Teenage Son drove the car on the Property Owner’s land, he did so without permission. Trespass still has its validity, whether the teenage Son had done so by
The client’s younger sister recently had an accident where she almost fell through thin ice while skating with her brother and cousin. She told her parents that Henry pushed her towards the thin ice and was laughing as the ice began to crack. As the parents questioned their son about the incident, Mark, came forward and explained that Henry had been doing things that he should not be doing. Mark accused Henry of torturing and killing a neighborhood dog, throwing a stuffed dummy off of an overpass and causing an accident, plotting to kill his younger sister, and had even threatened him if he told on Henry. The client’s mother at first did not believe that her son could at all be capable of such things and had dismissed the incidents as sibling rivalry.
Summary: Marie-Claude operated a bowling alley in a commercial area that was adjacent to a residential area. Many small children used the parking lot near the bowling alley as a playground, and Marie-Claude was constantly tell these children leave the parking area maybe they will get injured. However, one six years old boy climb onto the flat roof of the bowling alley and while he is running, tripped and fell to the ground. But Marie-Claude continued to order the child off the roof by several times when he was on the roof.
In this case study, the main focus of our interest is to evaluate the non traditional incentive system. But before going into the detail of Non-traditional incentive system, let us summarize the case study first.
Kent State University (KSU) is a college campus in Kent, Ohio that has over 28,000 students enrolled, many who enjoy the various restaurants throughout downtown Kent. Team 2, as students of KSU, have noticed a lack of information regarding drink specials, menus and prices at bars in or near KSU and saw the benefits of the availability of such information. Our team has requested the feedback of other KSU students, using both a Google Forms Survey and face-to-face interviews, and the feedback of bar managers, via face-to-face interviews, to collect information on their various opinions of how, if, and why bars market this information to students. This survey yielded 51 responses and 5 different bar managers agreed to interview with us at
Background checks are a useful tool for employers to determine the fit of a candidate to the organization. They pull up any issues or discrepancies that may not have been provided by the candidate during the interview. It is very important that during the interview, the candidate is advised that there will be a background and reference check conducted so that they cannot say they did not know. After the background check has come back, the interviewer needs to decide whether or not to hire the candidate.
Youth reported that on 03/09/16 he and his parents had a disagreement in the home. He stated that while he was attempting to clean out his animal cage his mother asked him to stop. He reported that he told his mother that he wanted to finish because it had to be taken care of. The youth noted that it was then, when his stepfather also insisted that he stopped. He reported that his stepfather became angry, grabbed him by his arms and spanked him on his calves with his hand. He related that he hit the ground, which left bruises
The scenario describes a hypothetical incident which involved Marcus Young, a young boy who was hit by a speeding vehicle while riding his bicycle, and his mother Angie Young, who was motivated to seek redress from the city in the form of newly installed safety measures such as speed bumps. Angie was subjected to intense mental anguish when her son Marcus was struck by a speeding driver, initially believing the badly injured boy to dead, before remaining by his bedside through an extended hospital stay and inpatient care process. Marcus suffered a multitude of painful injuries, including "a pelvic fracture, a right leg fracture, a left leg laceration, and a left arm laceration," but he eventually recovers to the point that he is discharged for home care. For his part, Marcus neglected to provide his mother with the full context of his nearly fatal encounter, failing to mention that his own reckless riding and swerving into the street placed him directly into the path of a speeding car. After initially writing to her Congresswoman to lodge her complaints over the street's speed limit, Angie was informed that action on the state level would be unfeasible, and she began to explore the options available to her through the local political process. When she discovered that there were no viable means through which the speed limit could be lowered, Angie circulated a petition in the neighborhood and organized a signature campaign with the goal
Under the Transferred Intent Torts Doctrine, it can be concluded that my son’s original intent tort, Tort of Trespass to Chattels (the taking of my car), as the onset to his injurious liability to all the parties harmed throughout this case, intentional or not. However, the injuries sustained by the passerby from some other actor, are consequential and too far remote to hold my son liable for those injuries or the damages suffered thereafter.
The reading materials in Week 6 explore the impact of international law on states, and more specifically, state behaviors. The idea is not to oversimplify the influence of international law but to understand in what circumstances (under various theories) would the legal framework and rules of international society shape and limit the behavior of nations and their alternatives. And these include many scenarios that constitute a change in state behavior – such as abstaining from invasion to imposing tariffs. One notes that state actions are primarily motivated by state interests. A state might uphold international law or norms because it is advantageous to its interest or even when it comes as a great sacrifice. The
I started out my session making some small talk with my client, Shaindy. We discussed how things went the previous week and what we’re looking forward to accomplish in the upcoming week.
SPIRITUALITY: Describe a tenet or practice of your faith tradition or spirituality that has allowed you to experience the Divine. How has that connection to the Divine changed you and your daily life?
Science Instructional Analysis and Methods class has afforded me countless learning experiences which I have taken into my intern classroom. I have several take away for this fall’s science methods course. The first being, in Methods class I learned to work in distinct groups of with peers of various levels. My peers who are experiencing classroom teaching for the first time and the graduate interns. Surprisingly, I learned from working with both of these groups. From the graduate level students, I was able to actually make a connection with the content we read about in our text and experiences I had everyday in internship. I appreciate the opportunity, as I felt safe and free to ask questions about the experiences they had in teaching science. I commend you on the way you had broken up the class groups, and afforded us to work with different groups. During this process, I feel I have started to find my voice as a professional. This opportunity allowed me to be more confident to voice my ideas to the teachers I worked with in internship, as I contribute to my PLC group.
I feel that there is a great divide within my life at its current point. I live in two different spaces depending on the time, and while they are a great distance from each other geographically, they are at an even greater distance culturally. I grew up in a small town in New York State that was majority conservative and I now live on a college campus that is extremely liberal. Before I arrived at college I felt that I had already grasped an understanding of my various privileges as an individual on the micro level. However, being here and having to face them head-on through the meso level Swarthmore community is a completely different experience. Because I identify as a pansexual, neuroatypical woman there are certain power structures such as patriarchy and heteronormativity that I tend to concern myself more with. However, despite my various privileges (or perhaps because of them), I should focus an equal amount of attention on those power structures that benefit me. It would be foolish and hypocritical of me to call out men or heterosexuals to fight against their own privileges without in turn doing the same of my own. Therefore I would like to reflect on those privileges in order to better understand how they interact in my daily life on the micro, meso, and macro levels in order to better understand myself and to “think not only beyond privilege, but beyond the sense of self that claims privilege.”
By the age of seven, I was sick of school and I wanted out by any means.
When I was nine years old I learned a lesson that everyone should learn at some point. It was that I do not always know best. One sunny day as I was sitting in the backyard of my grandparent’s house, I watched as the neighbor’s daughter mowed their lawn. She was about my age at the time but I thought that that made her look much older. I decided that I wanted to try too and asked my grandfather if I could drive his lawn mower. He said that he thought I was too young and I would not be able to do it but I continued to beg and he hesitantly let me. I rushed inside, took the keys from the key holder on the wall, and sprinted back outside to the shed. As I sat on the lawn mower, I remember feeling grown up and proud. After I put the key in the ignition I could feel and hear the soft rumble underneath me. I pushed down the break, grabbed the gear shift, moved it to drive, and began driving. I started off slow at first just to make sure I had the feel of things. After a couple of minutes I felt comfortable enough to pick up speed and transition between the front and back yard. I did this a few times and I was feeling extremely sure of myself now. It was then that I decided to make the tragic turn.