Criminal Law Chapter 11 (the Law of Case Study

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Criminal Law

Chapter 11 (The Law of Torts) Factual Scenarios for Case Analyses

During class on Wednesday, while showing a movie, Professor sees smoke and smells odor of marijuana from the back of the class. When she turns the lights on, she could not tell who had been smoking, and no one 'fessed up to smoking it. She tells the class that no one leaves until the perpetrator is identified. Professor locks the doors. Four hours go by, no one has confessed, and the students get anxious. Tyler grabs Professor by the arms and shakes her, saying, "I'm not staying in here any longer." Joseph helps him kick down the door and the entire class leaves. While leaving, Ron grabs a piece of the door, and throws it at Professor, who ducks, and the piece of door hits Diana, injuring her leg.

Describe any and all torts you observe, and identify who can sue whom, and why. Don't forget to include definitions or case law in your answer, with rationale.

In this wild scenario, there are several instances of civil liability. First of all, the Professor isn't qualified to handle a criminal investigation, such as the act of smoking marijuana. Interestingly, there are now a couple states in which this practice may no longer be illegal; however, it would still likely be against school policy.

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Furthermore, the professor does not have the right to hold the children against their will or violate their right to remain silent. Instead he should have involved the appropriate authorities. Therefore the students could possibly have the grounds to sue the professor for misconduct. Diana would most probably be best off suing Dan directly since he was responsible for her injury. Although Dan could potentially also file a suit against the Professor for causing his state of emotional duress and injuring Diana.

2. Remember our friend Ana? You may recall she attempted to rob the bank, but ran out of the bank, mistakenly grabbing the duffel bag of the person next to her. When she got back to Summer's car, she opened the bag and discovered it held $100,000 and a gun. The name on the bag read "If lost, return to Liz" and an address and phone number were also there. Ana's great attorney managed to have the case dismissed, and she used some of the money in the bag to pay him, buy a brand new Jeep Wrangler, paid her tuition, and spent the rest partying with Jennifer, Felicia, and Katie. The group decided to go to Club Disco to hang out. Alexis, the bartender, got….....

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