Written Assignment #1 (IRAC)
Greenacre High School (GHS) and Yellowacre High School (YHS) have been rivals for over 30 decades. Every April the there is a tournament at GHS were teams from across the state play for the coveted “County Trophy”, in which the winning team is crowned the state champions. This year the final game is between GHS and YHS.
Bob is an all-star player on the GHS basketball team. Bob is jealous of Jack (YHS) because Jack has already been offered basketball scholarships at two separate Division I universities. Bob works as a barista at Starbucks in Greenacre.
The day morning of “game day”, Jack enters into Starbucks and orders a hot Carmel Macchiato. In an attempt to injure Jack before the game, Bob makes sure that the drink is extra hot, and lid isn’t securely fastened on the cup. Bob is hoping that the hot coffee would fly out of the cup and burn Jack. As Bob hands the drink to Jack he pretends to slip, and although Jack attempted to move out of the way of the flying coffee, he’s unable to avoid the hot coffee. The coffee causes 1st degree burns to Jack’s hands. Jack is rushed to the hospital and misses the championship game. Jack has brought a lawsuit against Bob for assault and battery.
Based on above scenario (facts), students should prepare an IRAC on assault (IRAC #1) and a separate IRAC on battery (IRAC#2).
Follow these instructions!
Discuss the legal issues pertaining to Bob’s actions. You need to prepare a separate IRAC for each of the Issues (Assault and Battery). Which means you must prepare an IRAC for Assault (Issue, Rule, Analysis and Conclusion) and then a totally different IRAC for Battery (Issue, Rule, Analysis and Conclusion). This is true with every issue. NEVER discuss more than one issue at a time and never state more than one rule at a time.
Please see below for additional instructions on how to complete an IRAC. Also review the supplemental material in the rear of the textbook.
Rules (I’m giving students the rules to use. Don’t use any other rules!!!!)
- Assault – An intentional act causing a person reasonable apprehension or fear of an immediate harmful or offensive contact.
- Battery – An intentional act causing harmful or offensive contact to another person.
This is how you get started! (You MUST copy the IRAC template that I have completed below and finish each sentence. When I say, finish each sentence, I mean the sentences that have the ellipsis (. . .) I highlighted the template in yellow ). You will notice that in the analysis, I have start with the first element followed by the word “because”. This is how every IRAC will be analyzed throughout the semester. (Elements followed by “because” or why)
Issue: Did Bob commit assault?
Rule: An intentional act causing a person reasonable apprehension or fear of an immediate harmful or offensive contact.
Bob’s committed an intentional act because . . .
Jack had a reasonable apprehension or fear of an immediate harmful or offensive contact because . . .
(If you don’t think that Bob’s act was intentional, you would say, Bob did not commit an intentional act because . . .)
Conclusion: Therefore Bob is/isn’t liable for Assault (Based on your analysis you must indicate one or the other – is or isn’t)