Elements of a Legal Claim
A. John is not a resident of Washington State. In June of 2009, John was using his parent’s vacation home in Washington State and was involved in a vehicle accident with local resident Stacey. Stacey’s car was damaged and she was out of work for an extensive period of time. Stacey is seeking over $120,000 in damages. Stacey filed her action in King County District Court Court. More than 100 days later, Stacey had John served. At the time service was attempted, John’s neighbor was housesitting and appeared less than sober when he answered the door.
When John filed his response, he made a counter claim for $15,000 and sought to remove the case to federal court. John is raising a defense that is recognized under Idaho law, which his state of residence. Stacey’s cousin, outraged about the accident, is also bringing a suit against John. (Assume the Statute of Limitations is three years from the date of incident.)
Identify and address five (5) of the various legal/jurisdictional issues presented in this fact pattern. You must identify the issue presented (2 points); the legal principle/rule that governs this issue (1 point); and the specific facts relevant
to the issue identified (2 points). This question is worth 25 points.
Elements of a Legal Claim-B. Glen noticed Miguel and his pregnant wife Jacki walking down the street and drove his car within inches of Miguel as a joke. Police and medics responded to the scene. Miguel wasn’t injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy. About an hour before this incident, officers had cited and released Glen for driving under the influence. As police were escorting Glen into the back of the patrol car, Miguel approached with his fights waived angrily in the air and yelled, “I am going to get you. You better hope they keep you locked up this time.”
Prosecutors ultimately dropped the charges against Glen after evidentiary issues precluded them from successfully proceeding. When Miguel learned of this, he was outraged and started making phone calls to the local newspapers, asking them to do a story on Glen, who he characterized as a drunken murderer. Stacey, a new reporter, immediately jumped on the story and wrote a full three page spread based on the information she obtained from Miguel. After reading the article, Glen located an address for Miguel and Jackie and confronted Jackie as she was just arriving home. Jackie’s neighbor heard the commotion, as he was out walking his “pet bull,” who has freely roamed the neighborhood without incident for nearly five years. However, upon hearing Jackie scream at Glen, rushes over and bites him in the leg. The commotion has just about settled down, when another neighbor arrives with his shot gun and threatens to shot Glen. Law suits are filed.
Identify and address five (5) of the various tort issues presented in this fact pattern. You must identify: which party has a claim against whom (2 points); what legal claim the party has (2 points); the elements of the legal claim (2 points); the facts supporting the legal claim (2 points); and at least one potential defense (2 points). This question is worth 25 points.
C. Professor Tickle has been asked by Twlight Community College to attend a training in Eastern Washington. She has been provided with a state car for transportation. While in route, she visits a fellow professor who just retired from teaching at TCC. They have a glass of white wine. As she leaves this professor’s home and heads back to the freeway to continue on to the training, she is involved in an accident. As she was approaching the on ramp and entering the freeway, another vehicle, going 15 miles over the speed limit, raced passed her, and they collided. The other lane of travel had been clear such that the driver, even though he was speeding, could have simply changed lanes. Professor Tickle is later fired and after several unsuccessful attempts to obtain employment, she contacts a private investigator.
The private investigator suspects that her former employer may not be providing a good reference and contacts TCC disguided as a potential employer seeking a recommendation for Professor Tickle. He is informed that Professor Tickle was fired because she was a “lazy” employee is “drank too much.” The employee also suggests that Professor Tickle might be having a nervous breakdown because her husband and her five cats ran away. He’d happened to overhear her making an appointment to see a therapist. Outraged upon hearing this information from, Professor Tickle speeds to this employee’s home, where she confronts him at his front door. When he attempts to move past her to leave his home for work, Professor Tickle blocks his path.
The employee’s neighbor is out walking his pit bull. His dog has only bitten one person in the past and it was only because the person was unknown to him. He knows everyone who visits the neighborhood and since no one is home today, he had decided to walk his dog. The dog is running ahead of him, seeings Professor Tickle and immediately launches at her. Another neighbor, just arriving home sees the attack that has left Professor Tickle with nasty bite to her left leg and a few scratches.
In an effort to help, she immediately drags Professor Tickle in the back of her vehicle, bumping her head. She then speeds off to the nearest hospital. While in route, she takes a phone call which requires her look down and when she looks up, she has to come to an abrupt stop which causes Professor Tickle to bang her head on the back of the seat, resulting in a cut to her forehead.
Identify and address ten (10) of the various issues presented in this fact pattern. You must identify 1) Which party has what claim 2) against whom; 3) the elements of the legal claim/defense; 4) the facts supporting the legal claim; and 5) a potential defense. This question is worth 50 points.
Answer Preview-Elements of a Legal Claim
