IRAC Assignment
Week 3 IRAC Assignment
Micah Flores
LAW/421
January 7, 2014
Dr. Mark L. Pugatch, BS, MBA, JD
Week 3 IRAC Assignment
Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery?
Rules:
Li
Intentional infliction of emotional distress
False imprisonment
Negligence
Li’s Parents
Respondeat Superior
Scienter
Mr. Billups
Assumption of risk
Superseding, intervening cause
Contributory negligence
Scienter
School District
Respondeat Superior
Analysis:
Li
Intentional Torts
Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups. At school, Li was placed in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will accuse Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an unreasonable amount of time, and being put in the cage with the other foreign born students from her class will show emotional distress.
Negligence
Li will attempt to prove the four elements of negligence against Mr. Billups for his previously stated actions. The elements required are duty of care, failure to protect from harm, cause of the harm, and damages, which in this case are psychological and physical. After review of the actions taken by Mr. Billups, it seems Li will be able to show the four elements required for negligence.
Li’s Parents
Respondeat Superior/Scienter
Li’s parents will attempt to attach liability to the school district which employs Mr. Billups, claiming respondeat superior. Li’s parents will claim that Mr. Billups’ inappropriate and harmful actions were performed within the course and scope of his employment at the school, therefore leaving the district which employs him partially responsible or at fault. As Mr. Billups’
Micah Flores
LAW/421
January 7, 2014
Dr. Mark L. Pugatch, BS, MBA, JD
Week 3 IRAC Assignment
Issue: Has there been a violation of Li’s Constitutional rights? Have there been any tort offenses committed? Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery?
Rules:
Li
Intentional infliction of emotional distress
False imprisonment
Negligence
Li’s Parents
Respondeat Superior
Scienter
Mr. Billups
Assumption of risk
Superseding, intervening cause
Contributory negligence
Scienter
School District
Respondeat Superior
Analysis:
Li
Intentional Torts
Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups. At school, Li was placed in a cage for the day to reenact how Americans reacted to the events of Pearl Harbor. Li will accuse Mr. Billups of intentional infliction of emotional distress and false imprisonment. Being placed in a cage for the day will be considered an unreasonable amount of time, and being put in the cage with the other foreign born students from her class will show emotional distress.
Negligence
Li will attempt to prove the four elements of negligence against Mr. Billups for his previously stated actions. The elements required are duty of care, failure to protect from harm, cause of the harm, and damages, which in this case are psychological and physical. After review of the actions taken by Mr. Billups, it seems Li will be able to show the four elements required for negligence.
Li’s Parents
Respondeat Superior/Scienter
Li’s parents will attempt to attach liability to the school district which employs Mr. Billups, claiming respondeat superior. Li’s parents will claim that Mr. Billups’ inappropriate and harmful actions were performed within the course and scope of his employment at the school, therefore leaving the district which employs him partially responsible or at fault. As Mr. Billups’