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Now you will apply that knowledge to each question.
Now you will apply that knowledge to each question. Evaluate and determine whether each of the following situations represents a court's application of (1) a statute or administrative regulation, (2) application of stare decisis, or (3) creation of common law. You must also explain your answers for full credit.
20 points
1. A young woman under treatment for a chronic medical condition is prescribed a new medication. No tests have ever shown the drug to produce any side effects of impairment. As a result there are no restrictions with the use of the medication. On the first day she has taken the drug she is driving home from work when she suddenly and without warning loses consciousness and causes a massive accident. She is sued by several individuals involved in the accident claiming she was driving under the influence and thereby caused the accident. As it turns out, her loss of consciousness was caused by the effects of the drug on a previously undiscovered brain lesion. In a normal individual, the drug would not have affected consciousness in the way it did in this young woman. Even though the patient's conduct did not meet the intentional element of the statues regarding driving under the influence statute, the court finds that anyone taking a medication for has a responsibility to monitor the effects of the medication for a reasonable period before operating any motorized equipment.
20 points
2. The owner of a sporting goods store has a large display of live fish. Although some of the fish are carnivorous, the owner has not placed a cover over the tank. A customer's child reaches into the tank and is severely bitten. The customer sues the store owner. The judge holds that failure to take appropriate precautions with known dangers on one's property, with regard to invited customers, has
long been held by the judiciary as a basis for liability, and that this principle has been applied in other cases when injuries arose from the danger. HINT: There are two applicable areas of law.
20 points
3. As a prank, a high school senior writes on a bathroom wall: "I'll be glad the last day of school when I blow this place sky high and out of existence in my life." She is arrested and charged with terrorism. She pleads not guilty and claims, in her defense, that she meant no threat of bombing, but merely referred to leaving the premises as a graduate. Nevertheless, the court found the language specific
enough to be interpreted by others as a terroristic threat. Hint: There are two applicable areas of law.
For each of the following two situations, you should also explain how legal analysis could help. Be as specific as possible in your explanation for full credit.
20 points
4. A 17-year-old man away at college gets drunk and is involved in a traffic accident. He is taken to a local hospital where he signs a consent for medical care for non-life-threatening injuries. He later develops medical complications and subsequently dies. His parents sue the hospital, claiming that their son was a minor and did not have legal capacity to consent to care. The suit also claims that he was drunk and unable to give informed consent to the treatment. The hospital claims that the young man lied about his age, likely to avoid charges of underage drinking. They also claim that he passed their standards to determine capability to give consent to medical care. Is the court likely to apply a statute or administrative regulation, stare decisis, or create common law in making his ruling? HINT: There are two applicable areas of law.
20 points
5. A 14-year old who has suffered abuse at the hands of his drug-addicted parents reacts during a beating by his parents and kills them with a knife he had previously hidden under his bed. The young man, who is of average intelligence, is found to have serious psychological problems as a result of the years of abuse. His attorney claims that he has the emotional maturity of a young child. The state argues that his actions demonstrate premeditation and he should be tried as an adult. Is the court likely to apply one or more of the following: a statute or administrative regulation, stare decisis, or create common law in deciding the case?
