Assignment 2- Hilary Case - Running head Hilary Case...

This preview shows page 1 - 4 out of 8 pages.

Running head: Hilary CaseAssignment 2: Hilary CaseJamie BalchinProfessor Thomas NotoLegal 107- Introduction to ParalegalStudiesFebruary 25, 2015
2A Legal Memorandum MEMORANDUMTO:Senior Partner, Attorney for Plaintiff’sFROM:Jamie Balchin, ParalegalDATE:Feb. 25, 2015.RE:The Likelihood of a Successful Recovery by Hilary The case involves two minors, Hilary Davis and Bobby Jones.FACTSBobby Jones, an 11th grader held down and threatenedHilary Davis, a 10thgrader onApril 3rd2011. The incident took place on the occurred on the School Bus as it was onthe homebound route. Hilary Davis sustained cuts and was seen to observed to be emotionally distressedfrom the incident.A younger student named Melissa, who was among those who witnessed the incident,claimed that she observed a knife in Bobby’s hand during the assault.No weapon was recovered from the scene.During questioning, Bobby said that he attacked Hilary because he had been throwinghim bad looks for weeks.Hilary Davis visited the doctor on April 4 2011, who confirmed that he had sustaineda 2.5-centimeter scalp wound. He also diagnosed Hilary with anxiety 300.08 andcranial abrasions and contusions, which he linked to beating by classmate.
Hilary CaseQUESTION PRESENTEDUnder Iowa law, can Hilary Davis, a minor who was attacked by his schoolmate, Bobby Jones, recover for assault infliction of physical and emotional distress?ANSWERYes. The law defines assault as any act that is intended to cause pain, injury or impart fear to another. Bobby Jones actions may or may not have been intended to hurt Hilary but it is apparent that he wanted to instill fear. DISCUSSIONThere is sufficient evidence, witnesses, an incident report, a confession, and a medicalreport, to prove that Bobby attacked Hilary causing both physical and emotionaldistress. In most states, parents can be held accountable for the acts of violenceperpetrated by their children. Consequently, Bobby’s parents would be liable forreimbursing Hilary for the suffering caused by their son Bobby (Hyman, Black &Silver, 2014).

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture