carolyn watching “ glee ,” dancing around L a w
For each fact pattern, specify the essential legal issue(s) involved, describe the legal concepts from the text, decide which side should win, and explain your reasoning and how you used the legal concepts to arrive at your decision.
- During class on Wednesday, while showing a movie, Professor saw smoke and smelled odor of marijuana from the back of the class. When she turned the lights on, she could not tell who had been smoking, and no one confessed to smoking it. She told the class that no one could leave until the perpetrator was identified. Professor locked the doors. Four hours went by, and when still nobody confessed, the students began to get anxious. Tyler grabbed Professor by the arms and shook her, shouting “I’m not staying in here any longer!” Joseph helped him kick down the door and the entire class followed them out. While leaving, Ron grabbed a piece of the door and threw it at Professor, who ducked out of the way. The piece of the door instead hit Diana, injuring her leg. Describe any and all torts you observe, and identify who can sue whom and why.
- Remember our friend Ana? You may recall she attempted to rob the bank, but mistakenly grabbed the duffel bag of the person next to her and ran out of the bank. When she got back to Summer’s car, she opened the bag and discovered it held $100,000 and a gun. The tag on the bag read “If lost, return to Liz” along with an address and phone number. Ana’s great attorney managed to have the case dismissed, and she used some of the money from the bag to pay him, buy a brand new Jeep Wrangler, and pay her tuition. She then spent the rest partying with Jennifer, Felicia, and Katie. The group decided to go to Club Disco to hang out. Alexis, the bartender, got a great tip by serving them Long Island Iced Teas all night. She was even nice enough to help them to the car safely since they were stumbling and falling. Ana sped off and hit Kurt’s car, which he was driving on the wrong side of a two-way road with the headlights off. His car was totaled. Upon impact, Katie, who was not wearing her seatbelt, fell out the back of the Jeep and hurt herself. Describe any and all torts you observe, and identify who can sue whom, and why. Include any defenses you see.
- Rich is an avid duck hunter. One day, he spotted a beauty flying over his neighbor Kim’s house. He aimed, fired, and shot the duck, which fell onto Kim’s roof. Matt hopped over the fence into Kim’s yard then climbed on her roof. While retrieving the duck, Matt slipped and fell off the roof, but luckily landed on the balcony outside of Kim’s window. Matt peeked in and saw Kim and Carolyn watching “Glee,” dancing around and lip syncing to the songs. He took some photos with his cell phone and uploaded them to YouTube the next day. Describe any and all torts you observe, and identify who can sue whom, and why.
Each fact pattern must include
The main issue. Identify and write (in your own words, at least 50% original) the central issue to be decided. As much as possible, set the issue in legal terms and concepts.
2. Relevant legal concepts quoted from textbook court opinions. Search the assigned chapter for legal concepts that will help you decide and justify your decision. Once you find the quotations you wish to use, copy them into the appropriate places in your analysis. (example Procedural Due Process – 14th Amendment – Section 1. “…nor shall any state deprive any person of life, liberty, or property, without due process of law; …” (pp. 23 & A-2) Relevant Liberty Definition: “…a vast scope of personal rights. It also infers the absence of arbitrary and unreasonable government restraints. (p. 24)
3. Relevant case law quoted from the textbook. (example Melinda Speelman v. Bellingham Housing Authority “Finally, … both the parties and the public have an interest in ensuring that BHA administers its programs lawfully, Contrary to … contention, Speelman is not asking for an exception to be applied to her case. She is asking that she be given the process due her and everyone else in her situation. Therefore, the equities favor granting Speelman a preliminary injunction.” (p.38)
4. Rationale. Write (in your own words, at least 50% original) a complete explanation about how you used the legal concepts you cited to make a decision about how the case should be resolved.
5. Ruling. Describe (in your own words, at least 50% original) what should happen to the parties involved as a result of your decision