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Pages:
2 pages/≈550 words
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Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
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Topic:

Paula Plaintiff's. Answer the questions. Law Essay

Essay Instructions:

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.
Instructions
In a 6–10 paragraph paper, Using the Ecree Link provided at the end of these instructions, answer the following questions:
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.
You will create and submit your assignment by using the ecree link. Just click on the link and start writing. Your work will be saved automatically. You’ll see some feedback on the right-hand side of the screen, including text and videos to help guide you in the writing process. When you’re ready, you can turn in your assignment by clicking Submit at the bottom of the page.
Click the assignment link to start your assignment in ecree. Please note that ecree works best in Firefox and Chrome.
Ecree Link> https://blackboard(dot)strayer(dot)edu/webapps/osc-BasicLTI-bb_bb60/tool.jsp?course_id=_269958_1&content_id=_31431898_1

Essay Sample Content Preview:

Paula Plaintiff's
Student's Name
Institutional Affiliation
Paula Plaintiff's
Question 1
Based on the happening and facts within the case, Paula is eligible to make a case against Cashmart defamation. The happening within the case, the defamation lawsuit, is capable of succeeding because Cash Mart accused her without evidence. Based on the law, in order to succeed in a defamation case, Paula must prove that Cash Mart made false claims about her personality. Further, the claims must directly touch her, which in this case is true because the guard accused her of shoplifting. Thirdly, the claims made must damage the reputation of Paula, the plaintiff. Being accused as a shoplifter demeans her dignity and reputation. Hence Paula can validly sue Cash Mart for falsely accusing her. Every person within the store, including the managers and workers, knew about the false claims made against her (Legal Career Path, n.d.).
In the subsequent events, the manager proved that the claims were wrong and never valid. The reputation of Paula was harmed by the fact that she was not able to meet with the person they had an appointment with. In this regard, there are reasonable facts that validate the accusations for defamation against her by the guard, who was working for Cash Mart. Therefore, the case can be filed against the store because the offense was committed when the guard was still on duty. His responsibilities towards Cash Mart determined all the actions. Based on provisions in vicarious law, Cash Mart is responsible for the offense against Paula because the guard was acting in the interests of the store (Legal Career Path, n.d.).
Question 2
When considering tort law, Paula can sue Geoffrey for negligence because she acted irresponsibly. The law mandates that the accused must have a duty to care for...
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