Torts/Criminal Law

Description

Writing Assignment

Torts/Criminal Law

Annie, an 18 year old college freshman, attended an off-campus party. She consumed several alcoholic drinks at the the party. Someone at the party said they needed more ice. Annie volunteered to go to the store. She got in her car and began driving to the store.

Annie arrived at the store, Quick-E-Mart. She was stumbling while walking around the store due to her alcohol consumption. She walked to the ice box and slipped and fell on water on the ground. Annie was badly injured. The water on the ground was due to the ice box being unplugged causing all of the ice to melt and pool on the floor. The water had been melting onto the ground all day and the store owner knew it but didn’t put a sign in the area because he only had one sign and needed it for another area of the store.

Annie left the store and began driving to another store. She was snap chatting and not paying attention and was speeding. She crashed into another vehicle injuring the other vehicle’s occupants (The Craig Family).

Police arrived to the scene. The police smelled alcohol on Annie’s breath. The police officer asked to search Annie’s phone. She agreed, and the police officer reviewed her phone and found evidence of recent snap chatting. The police officer also found a video of Annie doing a 25 second keg stand approximately 15 minutes prior to the collision. The police officer handcuffed and arrested her. They then searched Annie’s body and found no further evidence. Prior to being put in the police car, Annie cried out, “I shouldn’t have been drinking.” Police then transported Annie to the police station. At the police station, the police officer read the Miranda warnings to Annie. Annie refused to answer questions, and said, “I demand to speak with a lawyer.” Police continued to question Annie. She then said, “I’m glad those people were injured, I actually was going to punch all of the members of the Craig Family in the face tomorrow.”

Annie is criminally charged.

The Craig family files a civil lawsuit against Annie alleging Negligence and the intentional tort of Battery.

Annie files a civil lawsuit against Quick-E-Mart for her injuries suffered due to the fall at the store.

Annie’s Criminal Liability:

Analyze whether the searches of Annie’s phone and her body were constitutional and whether the evidence found in Annie’s phone would be admissible. Discuss whether the two statements made by Annie would be admissible or inadmissible in Court and why.

Annie’s Civil Liability to the Craig Family:

Analyze whether Annie would likely be found civilly liable to the Craig Family for the tort of battery or for the tort of negligence. Describe all elements of each tort and discuss whether they were present at the time of the offense. Discuss whether any defenses would apply.

Quick-E-Mart’s Civil Liability to Annie:

Analyze whether Quick-E-Mart would likely be found civilly liable to the Annie for the damages she suffered as a result of the fall. Discuss all elements of the tort of negligence and discuss and whether any defenses would apply.

Criteria
Professional / Organized – IRAC Method
Professionalism / organization of report: complete sentences, proper sentence structure, proper grammar and punctuation, appropriate usage of paragraphs.

Usage of the IRAC Method Format – Issue, Rule, Analysis, Conclusion

Content – Analysis of Annie’s Criminal Liability

Content – Analysis of Annie’s Civil Liability to the Craig Family

Content – Analysis of Quick E Mart’s Civil Liability to Annie