week5 tort and remedies discussion

Discussion Question 1: Intrafamily Torts and Immunities: Domestic Violence

The following discussion question features a female victim of tortious conduct.

Ursula is married to Dave. Ursula comes to you and tells you that Dave has been beating her for five years. She says she has had enough, and she wants Dave arrested. She also wants to sue for civil damages in tort.

After reviewing assigned course materials and conducting brief research, answer whether there are any limitations on her ability to sue for civil damages in tort. Why?

Discussion Question 2: Unauthorized Biography

The following discussion question also features a female victim of tortious conduct but in a different context.

Paulina was formerly a call girl known as Mimi in Miami. She served prison time for beating up one of her clients and changed her name when she was released from prison. She moved to Atlanta, married someone who knew nothing of her past, and lived a ‘normal’ life. Derek, a former client of Mimi’s in Miami, wrote a book that was described as the unauthorized biography of Mimi in Miami.

After reviewing assigned course materials and conducting brief research, answer the following questions:

• What cause of action does Mimi or Paulina have against Derek, if any?
• What remedies are available to Paulina, if any?
• What defenses does Derek have, if any?