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Elliot wanted to throw a pass to Columbia during a baseball game in the street. Harm foreseeable to someone? Columbia ducked instead of catching the ball. Negligent self interest? It struck Mr Woodlawn's artificial windows and broke them. Negligence or trespass to land/trespass to property/conversion? A piece of artificial glass dug into Mr Woodlawn's face. Negligence or battery? He was in a stooped position engaged in pushing clothing into his laundry machine when the ricochet piece struck him from the side. No assault? Later that year Mrs York borrowed Mr Woodlawn's laundry machine, saying she needed to take it to her mother's home for use for a few days. No trespassory taking? Mrs York used it to clean all the camping outfits of her mother's 273 girl scouts. Excessive? exceeds consent? When she returned the laundry machine to Mr Woodlawn he realized that he needed to put a new motor into it. Conversion?
An Essay Hypo
January 'gave her life to Jesus' at a religious camp meeting attended by the county government Chief Executive. When she found new employment her employer told her that her faith made her trustworthy and promoted her. Clara and Anna, fellow county employees, have brought suit in federal disrict court alleging that the promotion given to January has caused them injury as they have no religious faith.
Answer the following questions:
1. What injury or injuries have the plaintiffs plausibly suffered under the provisions of the United States constitution?
II. How might such injury or injuries be redressed by the court?
Are the plaintiff's burdened in the exercise of their faith by this promotion? Has the county established religion by this promotion? Have the plaintiffs been discrimminated against? What levels of review on each issue?
A maker or seller of a product is liable for injuries and property damage caused by the product without privity. Liability can be imposed under 1) Strict liabilty 3) Negligence 3) Warranty liability 4) Others depending on jurisdiction.
When you use an argument as your heading be sure to state the issue right afterwards because there is an "I" in IRAC).
The structure - the seat belt - matters more to her than the substantive fact that you're actually safe at 4 mph.
When you don't know what to write it usually means you don't know how to reach the conclusion you think is correct
The answer to your writer's block is: Get back to IRAC and write a proper essay
A correct conclusion alone does not pass
Proper and detailed IRAC is what passes no matter what the conclusion turns out to be at the end of your issue, rule and detailed application
Multi Choice Tips
1. Be suspicious of all 4 answers
2. Assume that each one is wrong
3. Then pick the least wrong answer
If you do not have this attitude you will be fooled very often and pick too many incorrect answers because you're looking for exact quotes from your outlines
1. Never leave a bubble unfilled
2. If you have not yet chosen an answer color a bubble anyway and then mark that question so that you will erturn to it
3. If you leave bubbles unfilled hoping to return to them you will inevitably end up filling wrong bubbles with wrong answers down the line
63. Allan stabbed Berry and called the police. He was charged with voluntary manslaughter and convicted. Which of the following is most likely to be true?
(a) Alan's call to authorities was not a mitigating factor in the mind of the jury
(b) Alan presented a viable murder defense
(c) The prosecution could not prove intent to kill or seriously injure
(d) All of the above
Best answer: (a)
78. Local authorities have stopped Talkie from posting flyers promoting his upcoming tax resistance march. The flyers had been posted on a supermarket wall. Can Talkie get damages against the local authorities for abridging his free speech rights?
(a) A supermarket is not a free speech forum
(b) Yes - a supermarket is a free speech forum
(c) No - the march is illegal since it advocates unlawful tax resistance
(d) None of the above
Best answer: (d)
99. Olney asked Pharoah to buy him a pair of shoes. Olney paid for the shoes and gave them to Olney. Olney is:
(a) A third party beneficiary
(a) An intended third party beneficiary
(c) An incidental third party beneficiary but also an assignee
(d) An offeror who made an accepted offer
Best answer: (c)
Errol and Brown formed a Limited Liability Corporation with Errol as the manager. Errol ordered $5,000 worth of office supplies and negligently told Brown that he spent $18,000 on them instead of the $13,00 figure he had planned to say. He spent the extra $8,000 on a mini office party for himself and the secretary. Brown's next official check was returned unpaid. He and the LLC may reclaim the $8,000 under which of these?
(b) Negligent misrepresentation
(c) Intentional misrepresentation
(d) Any of the above
Best Answer: (c)