Legal Analysis

 

Shelly has been awakened every night this week by a pack of barking dogs in the alley behind her apartment building. Finally fed up, she grabs a BB gun her nephew left at her apartment and shoots out of the window at the dogs. Just as she is shooting, Carol, one of her neighbors, comes out from behind the building, right where the dogs are. Carol shrieks and falls to the ground, holding her arm. The dogs run away. Carol looks up and sees Shelly holding the gun in the window. Carol presses criminal charges against Shelly and contacts the firm where you work because she wants to sue Shelly civilly as well.

Based on the above information and after reviewing assigned course materials and conducting brief research on any pertinent laws and cases in your jurisdiction, answer.

Can Carol sue Shelly? Why or why not?
Analyze the possible claims and any defenses available.
Discussion Question 2: Legal Analysis – Practical Joke Consequences

In the following discussion question, you must study a personal injury scenario to analyze the tortfeasor’s conduct to determine whether the victim has any viable tort claims (to include identifying the elements of each relevant tort) and what remedies might be most appropriate. Additionally, you must identify whether the defendant has any defenses, privileges, or immunities available to eliminate or mitigate any tort liability he or she may have.

Kelly has worked for a construction company for a few months. One of her coworkers, Ken, is a practical joker, and everyone is fair game. Someone mentions to Ken that Kelly is afraid of slasher movies. Thinking it will be hilarious, one day Ken shows up at work wearing a mask of one of the slasher movie characters and hides in the locker room waiting for Kelly. As Kelly enters, Ken jumps at her, wearing the mask. Kelly screams, faints, and hits her head against a locker.

Kelly is not seriously injured and attempts to carry on as usual with her work. Every time she tries to go to the lockers, however, she starts to tremble, her stomach knots up, and she feels sick. This goes on for several days. She goes to the doctor, who prescribes antianxiety medication. Kelly is convinced Ken is going to try something else and is afraid to return to work. She files a lawsuit against Ken and the employer for intentional infliction of emotional distress.

Sample Solution

he next transformation in communications tools would be the emergence of mass market television two decades later, and this too would alter the character of presidential political communications. Television not only had live news coverage but had the capability to visually stimulate and inform the viewer. This meant that public expectations of presidents changed, being now distinguished by the way they looked, what they were said, and the way that they said it. The television became an official tool of presidential communication when Harry Truman publicly addressed Americans through the medium in 1943 (Morgan 2016). From the period of the end of World War II and over the succeeding 40 years television would enter into more and more people’s homes. As access to television increased “survey evidence from the 1950s-1970s shows that roughly twice as many people chose television as their most important source of information about presidential campaigns as chose newspapers” (Gentzkow et al. 2986). Television was pivotal in the 1960 presidential contest, when the image of a sweating and stubbled Richard Nixon contrasted with that of John F Kennedy during the Presidential debate. The telegenic Kennedy thereafter used television as a nationwide platform to bring the president and the people closer together and garner support for controversial policies like the Bay of Pigs, the race to the moon, and the Vietnam war. When the far less telegenic Lyndon B. Johnson regularly used television as a tool of presidential political communication, it indicated that this form of media was now the pre-eminent tool of political communication. Television allowed the president to seemingly directly speak to the people and be able to communicate important policy decisions such as Johnson’s decision not to seek a second term – the first time such an announcement had been made. To this day “American U.S. consumers watch more TV at an average of 3.8 hours per day” (Miller and McKerrow 68) and its impact affects the political landscape, due to television’s widespread ability to showcase information and present the president live. However, despite the appearance of a direct line of communication between the president and the public through television, such is not the case. As with radio, television appearances by the president are heavily scripted by speechwriters whose r

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