question archive 1) As review A prospective client has come into your office with the following story: A tense situation with my neighbor has erupted into a serious problem
1) As review A prospective client has come into your office with the following story: A tense situation with my neighbor has erupted into a serious problem
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1) As review A prospective client has come into your office with the following story:
A tense situation with my neighbor has erupted into a serious problem. It all started weeks ago when his daughter started a retro-punk band, The Sex Rifles, and he allowed them to rehearse in the back yard; they play extremely loud music, through a PA system, for hours and hours a day, several times a week. I can no longer enjoy my backyard in peace.
I wrote him a polite letter, asking that they make efforts to keep the noise down, and limit the hours a day that they play outside. In response, he came to my house, where he knows he is not welcome, and banged on my door. When I opened my door, he began screaming at me, in a threatening manner, and shaking his fist in my face; I was seriously frightened. He then turned to go, but spun around, and punched me in my face.
2.)You decide that you will start preparing the research before taking the story to the attorneys. To that end, you want to find out what the elements are for any potential tort claims. To do that, you (smartly) decide to research the jury instructions, and write them up, in a clean, organized manner, ready to be inserted in a court pleading.
There are four torts Use CACI to find the jury instructions.
The party names are:
Plaintiff: Jimmy Page
Defendant: Ronny James Dio
This is Review for my final exam which will take place on December 15th I already have found four of the four torts but wanted to ask on here to see if the tutors and my torts align as I need to see if my knowledge is correct. Also
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The torts in this scenario are:
Nuisance; this is a result of the noise by Ronny's daughter's band which plays loud music for many hours and the noise has prevented Jimmy from enjoying his backyard in peace.
Trespass; this tort is committed by Ronny when he goes to Jimmy's house in which he is not welcome.
Assault; which includes a threat that causes another person to be apprehensive of imminent bodily harm. For example when a person pulls their fist back as if they were going to punch someone, and that person believes that they are going to be punched. In this scenario, Ronny committed the intentional tort of assault by screaming at Jimmy in a threatening manner and shaking his fist in Jimmy's face, an act that frightened Jimmy.
Battery; this is an intentional tort that involves intentional touching of, or application of force to, the body of another person in a harmful or offensive manner and usually preceded by assault. Ronny committed a tort of battery when he punched Jimmy in the face.
