What argument(s) on Chloe’s behalf has the greatest chance of success? Why? The defendant’s best argument is that a 10-year-old child is privileged to commit this kind of touching (pushing) while playing tag. The defendant did not intentionally mean to harm the plaintiff as the defendant could have felt the need to step out of the game. According to Pozgar (2016), an unintentional tort is a type of accident that leads to personal injury, typically because he or she was not being careful. What arguments on Karl’s behalf have the greatest chance of success? Why? The plaintiff is bringing an action against the defendant for battery because the plaintiff believes that the defendant meant to intentionally push the plaintiff without consent.
If you contend that the Plaintiff has made an admission, or declaration against interest, please state the substance of the alleged admission or declaration together with the time and place of the alleged admission or declaration and the names and addresses and telephone numbers of the persons, if any, who were present.
Plaintiff: The plaintiff believes that the defendant had knowledge of her husband illegal activities on her property; she had numerous opportunities get away, or call the police about her husband selling drugs and violence towards her.
When I was present, the plaintiff and defendant were each giving their precedent. The plaintiff’s representative talked James King sent a threatening letter to Judge Seel’s house. In which, he explained descriptive evidence on how King made “threats” to Judge Seel in his argument. James King, on the other hand, was a man with a lot of “problems”. He stated that he was not in the right state of mind when he made the threat to Judge Seel. Also
The plaintiff, James Davis Rowland, Jr., was a guest in the apartment of the defendant, Nancy Christian. The plaintiff requested to use the bathroom, where he injured his hand on a broken water faucet handle. Although the defendant had complained to the landlord about the broken handle, she did not warn the plaintiff.
The plaintiff sued the defendant, claiming that it was vicariously liable for his assault by Cerantonio. The defendant argued that since Cerantonio was engaging in unauthorised conduct, the defendant could not be liable. The matter in contention was whether the assault was conducted in the course of employment.
David Peterson will likely not be held liable for the actions of his son. Courts have determined that a person should not be held liable when an event is not reasonably anticipated. In Smith v. Allen, a child, age eleven, injured the plaintiff, age nine, while swinging a golf club that was left in the backyard by his father. The plaintiff claimed that the father was negligent and liable due to knowing the club was left outside, that his child would play with it, there was no warning against using the club, and improper use could lead to injury. The father demurred claiming the complaint was not sufficient. This demurrer was later sustained as the court held that the action was “not reasonably to be anticipated at all” making the father not
On December 16, 2016, the complainant reported that on December 9, 2016 that she and Aaron Whitington hereinafter referred to as the defendant were involved in an argument that escalated in to a physical altercation. The complainant reported that the defendant pushed her down the steps; he then grabbed her and pushed her against the wall. The complainant and the defendant have been romantically involved and have one child in common.
or threatened use of physical force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). The Court also assumed that the lower courts were correct in concluding that DUI involves conduct that “presents a serious potential risk of physical injury
The act of the defendant, Moore, was intentional and harmful contact took place causing apprehension among the plaintiff. The apprehension was not caused by negligent behavior. The apprehension the plaintiff felt started with a threat following a previous meeting between the two teams and escalated into a physical altercation (Cotten, 2013).
A. The Plaintiff must prove unreasonable force was used to make a prima facie showing of battery.
The defendant was too drunk to strike the officer although he did attempt. The defendant did not also call for substantial force to overcome the resistance. The defendant stumbled and fell on his face and this showed that although he attempted to assault the officers he did not successfully qualify to be charged with this
I can relate to Cassie’s frustration with what she sees as confusing directions. She has a use first level in precision, which makes it difficult for her to begin any task without first having clear, thorough instructions. Cassie also has an avoid level of technical reasoning, which causes her to have a hard time taking on a challenge and figuring out a solution on her own. My advice to Cassie would be to tether her precision, and forge her technical reasoning so that she will be able to size up the situation and handle the problem. She also has a hard time organizing her words and thoughts, and gets over whelmed by the information she gathers. I think intensifying her level of sequence may help her handle this problem. Making an outline
(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to
The appeals court based it’s the case Nabozny v. Barnhill (1975), 31 Ill.App.3d 212, 334 N.E.2d 258. In this case, the court decided that a player can be held liable for his actions if they were deliberate, willful or a reckless disregard for the safety of the other player so as to cause injury to that player. However in this incident, that is not the case because it cannot be proven that Mr. Robertion deliberately or willfully hit Mr. Savino with the puck nor can it be proven that Mr. Robertson was reckless in his
In a small town in upper Vermont, down the road a little ways up from the pond, there lives a former lawyer with his wife and children. He has two children, Chloe and Caleb. They both have caramel blonde hair and chocolate brown eyes. They are both very active with Chloe being a part of the dance team for her local dance academy, and Caleb being a strong player for the town 's soccer team. Even though they are devoted to their sports, they want to be kids too. This has proved a little hard since their mother 's passing a few years back.