Introduction
In this assignment, you’ll need to decide whether Paula Plaintiff
has any legal claims arising from a series of unfortunate events. After
reading the scenario, answer the questions that follow, making sure to
fully explain the basis of your decision.
Paula Plaintiff is shopping at her favorite store, Cash Mart. She is
looking for a new laptop, but she can’t find one she likes. Then,
realizing that she is going to be late for an appointment, she attempts
to leave the store, walking very fast. However, before she can leave,
she is stopped by a security guard who accuses her of shoplifting.
Paula, who has taken nothing, denies any wrong doing. The officer
insists and takes Paula to a small room in the back of the store. The
guard tells Paula that if she attempts to leave the room she will be
arrested and sent to jail. At this point, the guard leaves the room.
Paula is scared and waits in the room for over an hour until the manager
comes in and apologizes and tells Paula that she is free to go.
About this same time, Geoffrey Golfer is hitting golf balls in his
backyard. Geoffrey decides to break out his new driver and hits a golf
ball out of his backyard into the Cash Mart parking lot. The golf ball
hits Paula Plaintiff on the head and knocks her unconscious just as she
is leaving the store.
What types of legal claims could Paula make against Cash Mart and Geoffrey? Consider the following:
What are the possible tort claims that Paula can make against
Cash Mart? Discuss the elements of the claim and how those elements
relate to the facts in the scenario.
Was Geoffrey negligent when he hit the golf ball that injured
Paula? Discuss the elements of negligence and use facts from the
scenario to support your decision.
If Paula files a negligence claim against Geoffrey will she file
in civil court or criminal court? Explain the difference between civil
court and criminal court.
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