1. 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 dog, a “pit bull,” who has freely roamed the neighborhood without incident for nearly five years. However, upon hearing Jackie scream at Glen, the dog rushes over and bites Glen 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. This question is worth 25 points.
2. Rebecca S. Dukat arrived at Mockingbird Lanes, a bowling alley in Omaha, Nebraska, at approximately 6 p.m. to bowl in her league game. The bowling alley’s parking lot and adjacent sidewalk were snow and ice-covered. Dukat proceeded to walk into the bowling alley on the only sidewalk provided in and out of the building. She testified that she noticed the sidewalk was icy. After bowling three games and drinking three beers, Dukat left the bowling alley at approximately 9 p.m. She retraced her steps on the same sidewalk, which was still ice-covered and in a condition that, according to Frank Jameson, general manager of Mockingbird Lanes, was too “unacceptable” for the bowling alley to be open to customers. As Dukat proceeded along the sidewalk to her car, she slipped, attempted to catch herself by reaching toward a car, and fell. She suffered a fracture of both bones in her left ankle as well as a ruptured ligament. Dukat sued Leiserv, Inc., doing business as Mockingbird Lanes, alleging that Leiserv was negligent in failing to keep the sidewalk in a reasonably safe condition, in failing to warn her of a dangerous condition, and in failing to take adequate and reasonable measures to protect her. Dukat files a law suit three years after the date she slipped. She files her suit in district court, alleging damages in the amount of $150,000. The firm representing Mockingbird Lanes sends a letter to Dukat’s attorney requesting a request for a medical examination. Dukat’s attorney send Interrogatories and Request for Admissions to the other side and after 35 days, note that they have not received any response.
Identify and discuss five (5) of the various tort/negligence and discovery issues presented by this fact pattern. This question is worth 25 points.
3. The police obtained a search warrant based on an affidavit that contained the following allegations: (a) Donald was seen crossing a state line on four occasions during a five-day period and going to a particular apartment; (b) telephone records disclosed that the apartment had two telephones; (c) Donald had a reputation as a bookmaker and as an associate of gamblers; and (d) the FBI was informed by a “confidential reliable informant” that Donald was conducting gambling operations from the apartment. The affidavit did not indicate how the informant knew of this information nor did it contain any information about the reliability of the informant. When a search was made based on the warrant, evidence was obtained that resulted in Donald’s conviction of violating certain gambling laws. After Donald was arrested, he was interrogated and made incriminating statements which were admitted into evidence at trial. Donald challenged the constitutionality of the search warrant. Were Donald’s constitutional rights violated?
Identify and discuss five (5) of the various issues presented by this fact pattern. This question is worth 25 points.
4. 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 pet 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, sees Professor Tickle and immediately launches at her. Another neighbor, just arriving home sees the attack that has left Professor Tickle with nasty bit 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 five of the various issues presented in this fact pattern. This question is worth 25 points.
You must identify each the issue presented (2pts); the legal principle/rule that governs this issu (1pt); and the specific facts relevant to ths issue identified (2pts).