Introduction to law: 200

SECTION II: APPLICATION-SHORT ESSAY RESPONSE

The following questions are designed to evaluate your APPLICATION (CRITICAL READING AND ANALYSIS) of the legal principles as applied to various fact patterns and scenarios. Refer to each specific question for the associated point value. You may select any combination of questions to reach 50 points. Please be sure to clearly identify which question(s) to which you are responding. So for example, if you select “A,” please be sure to write “A” on your paper next to and/or at the beginning of your response.

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.

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.