Every Good Boy Does Fine
This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.
Yes, focus on torts. It's not as simple/easy as it seems. I came out of my first torts exam (about 2 months ago) thinking I aced it, and ended up with a solid C, 79%. I just finished my torts midterm last night, 3 hours, but only 2 essays. Thank god I had no multiple choice but it was still a race horse.
I'm not a law student yet, but isn't a C in law school supposed to be bad?
It went something like this and it was on Negligence, per se, and res ipsa loquitor. This question pertained more to negligence and per se.
Fact pattern: A hotel was within a certain distance from a private school, and there was a statute that said it would be illegal to serve alcohol within that distance because of the school kids. They went ahead and served drinks to a hotel guest, who visibly drunk, went to valet and drove off. He then hit a parked car, someone was in it, which hit a light post, when caused a blackout, which then scared a child in their home which attended that private school, she ran out of the house and got hit by another driver, who was not drunk.
My question involves the duty and breach, not to the drunk driver, but to the lady in the parked car in regards to the hotel and to the school child in the house in regards to the hotel. If you say there is duty and breach established for the child against the hotel, would you argue Per sae? I know that you can argue if proximate cause or maybe even actual cause is or is not satisified, but I needed to first get past duty and breach.
Let's also assume that we already argued that there was duty and breach and negligence was established for the drunk driver against the hotel.
Thanks for any input.
I have a question.
Suppose student A attempts to hit student B, (which would be misdemeanor assault) but much to the surprise of student A, a teacher shows up out of no where, steps in and gets struck by A's fist. Under the state statute, assaulting a teacher is a felony. Does the doctrine of transferred intent make A's punch a misdemeanor or a felony?
Assault = Knowingly causing or attempting to cause physical harm to another.