Refer to page 123 of your textbook, questions 6 and 7 under “Assignments and Practical Applications.” Select one of the cases listed (list provided below as well) and provide a case brief in your own words. (Refer back to chapter 1 for instructions on how to brief a case.)
(questions 6 and 7 on page 123 below)
Read and brief the following cases involving self-defense and the reasonable use of force: Roberts v. Am. Employers Ins. Co., 221 So.2d 550 (La. Ct. App. 1969) (on self-defense and the reasonable belief that one is under attack); now compare that case to Taran v. State, 186 A.D.2d 794 (N.Y. App. Div. 1992) (the force used must be equal to the threat).
7. Read and brief other intentional tort defense cases: Ploof v. Putnam, 71 A. 188 (Vt. 1908) (on the defense of private necessity and the protection of human life); Vincent v. Lake Erie Transp. Co., 124 N.W. 221 (Minn. 1910) (necessity and the right of a plaintiff to receive compensation); Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (10th Cir. 1979) (whether a player in a professional football game consents to harmful or offensive contact by another during the game); Mohr v. Williams, 104 N.W. 12 (Minn. 1905) (battery and the issue of patient consent); Kirby v. Foster, 22 A. 1111 (R.I. 1891) (when a property owner may use force to recapture a chattel); Gillett v. Gillett, 335 P.2d 736 (Cal. Dist. Ct. App. 1959) (the reasonable scope of discipline of a child by a caregiver).
1. Roberts v. Am. Employers Ins. Co.
2. Taran v. State
3. Ploof v. Putnam
4. Vincent v. Lake Erie Transp. Co.
5. Hackbart v. Cincinnati Bengals
6. Mohr v. Williams
7. Kirby v. Foster
8. Gillett v. Gillett
Select one of the case briefs posted by a classmate (try not to select the same case you briefed). Now write a response to the following question:
1. Do you agree with the court’s decision and their application of defenses or remedies? Why or why not? (Use appropriate terminology and concepts from the chapter or outside research to support your decision.)
Word Count: 200
I added a sample provided by the textbook