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LEB 320F Exam 1 Lecture & Textbook NotesCases:SOLDANO V O’DANIELS (CH 1)-Wrongful death action, close relatives sue those who caused a deathTort- 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 fightoccurs, across the street, to use the phone to call police. bartender across the street refuses!! Villanueva shoots and killsSoldano. 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 preventedthe 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 moreGONZALES v RAICH (CH 5)How federal courts analyze whether congress has acted within the scope of its constitutionally granted legislative power.