5.
2 Think Critically about Evidenc
Instructions: Study each of the situations below, answer the questions in 2-3
complete sentences, and then prepare arguments to support your answers.
Document all resources utilized for this assignment.
• 8. Betty was at a baseball game seated one row behind a famous movie star. When
Betty stood up to cheer, she was bumped by the person beside her. She lost her
balance and fell into the lap of the movie star. He sued her for the tort of assault.
Who prevails
Betty would prevail because she did not intentionally fall into the lap of the movie
star, she was bumped by the person beside her. The tort of assault is only valid when
someone intentionally tries to threaten you will harmful or offensive touching
URL: [Link] [Link]/injury/torts-and-personal-injuries/what-are-intentional-
[Link]
• 9. Every morning on the way to work, Sharon rides an elevator up 14 oors.
Sometimes, when it is crowded, the elevator operator intentionally bumps into her
in an offensive way. What can Sharon do legally? What would be a likely defense
for the operator
Sharon can sue for sexual battery. The likely defense for the operator was that it
wasn’t intentional and was an accident
URL: [Link]
sectionNum=243.4.&lawCode=PEN
• 10. Bonnie asked to borrow Sosa’s laptop to check her class assignment is
sociology. Sosa agreed to let her but said, “Only check your assignment. My
biology paper is on that computer and I need to print it off today.” Bonnie checked
her assignment and then went on a social networking site where she picked up a
virus that wiped out Sosa’s hard drive. What tort has Bonnie committed? What type
of damages could Sosa receive if she sued Bonnie for her actions
Bonnies has committed the tort of negligence. Sosa could ask for the amount of
the laptop
URL: [Link]
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• 11. Ashleigh has a pet boa constrictor named Pauline. She keeps it in the most
expensive, escape-proof cage she can nd. Regardless, the boa escapes and kills
the neighbor’s famed show cat which was valued at more than $5,000. Will
Ashleigh be liable
Yes, because a boa is considered a dangerous animal, and a cat is not. It will be
classi ed as a tort of negligence since the cage wasn’t secured properly
URL: [Link]
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