(Special direction to instructor: Give each student a copy of the facts in Case I, Chapter 1.) Referring to the facts on the attached sheet (Case I) and the elements and defenses to negligence, discuss whether there may be a cause of action for negligence and defenses thereto.?
What will be an ideal response?
• Duty: It is clear that Mr. Hart had a duty to avoid unreasonable risk to Ms. Forrester, a pedestrian.• Breach of duty: Investigation would have to reveal whether Mr. Hart was inattentive, reckless, speeding, or had obscured vision. There is a good possibility of such a breach.• Cause of injury: It would seem highly likely that Ms. Forrester's injuries were the actual and probable consequences of Mr. Hart's conduct. There is room, however, for the fact that the most natural cause of the injury was Ms. Forrester's own carelessness in crossing the highway.• Injury: Because Ms. Forrester was hit by the van it is likely that there would be some injuries.?Defenses: • Contributory negligence: If Ms. Forrester failed to check for traffic and/or kept her head tucked into her coat such that she could not see, there is a good possibility of contributory negligence. • Last clear chance: If it can be demonstrated that Mr. Hart had a chance to avoid the accident despite any carelessness of Ms. Forrester; Ms. Forrester should be able to recover. • Comparative negligence: Possibility for this as indicated in contributory negligence response. It may also be possible that Ms. Forrester's own negligence could be so great as to bear 51 percent
of the fault. • Assumption of risk: It seems unlikely there will be evidence of this.
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The most widely used guide for citing legal sources is?
A. ?The Bluebook: A Uniform System of Citation. B. ?The Redbook of Citation. C. ?The Harvard Law Review Guide to Citation. D. ?Legal Citation for Dummies.
Agreements to accept a client's representation should include all of the following except:
A) What services the law firm will and will not provide B) How fees for services provided are calculated C) A draft of the initial pleadings for the client to review D) The signature of the lawyer and the client
An agency may not maintain a record of how a person exercises his or her rights under the First Amendment of the Constitution unless authorized to do so by statute or such information is within the scope of a law enforcement activity
a. True b. False
T or F The settlement agreementin this caseis valid without consideration.
Answer the following statement true (T) or false (F)