LEBExam1LectureandBookNotes - LEB 320F Exam 1 Lecture Textbook Notes Cases SOLDANO V ODANIELS(CH 1-Wrongful death action close relatives sue those who

LEBExam1LectureandBookNotes - LEB 320F Exam 1 Lecture...

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LEB 320F Exam 1 Lecture & Textbook Notes Cases: SOLDANO V O’DANIELS (CH 1) -Wrongful death action, close relatives sue those who caused a death Tort- negligence or assault and battery -Case from 1977 where Soldano got in a fight with Villanueva. Villanueva pulled a gun. Guy runs out of the bar where this fight occurs, across the street, to use the phone to call police. bartender across the street refuses!! Villanueva shoots and kills Soldano. Family of Soldano is SUING bartender & owner of bar for refusing to let person use the phone. -Defendants: Bartender and owner -Bartender refused to call police or let someone use the phone -Family of the victim are suing the bartender and owner for not letting a third party use the phone that might have prevented the shooting -Agency- the bartender’s employer also can be held liable since the bartender was acting in the scope of his employment -The bartender owed a duty to the plaintiff’s decedent -See Gold's notes for more GONZALES v RAICH (CH 5) How federal courts analyze whether congress has acted within the scope of its constitutionally granted legislative power.
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