Law

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.

Introduction to Law

Final Exam Instructions

Instructor: A. Jarmon

Final Exam

Page 10

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.

C. 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

Introduction to Law

Final Exam Instructions

Instructor: A. Jarmon

Final Exam

Page 11

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 pit 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, seeings Professor

Tickle and immediately launches at her. Another neighbor, just arriving home sees

the attack that has left Professor Tickle with nasty bite 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 ten (10) of the various issues presented in this fact pattern.

You must identify 1) Which party has what claim 2) against whom; 3) the

elements of the legal claim/defense; 4) the facts supporting the legal claim;

and 5) a potential defense. This question is worth 50 points.