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

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Running head: Hilary CaseAssignment 2: Hilary CaseBarbara McNairProfessor Thomas NotoLegal 107- Introduction to ParalegalStudiesMay 22, 2017
Hilary CaseA Legal Memorandum MEMORANDUMTO:Senior Partner, Attorney for Plaintiff’sFROM:Barbara McNair, ParalegalDATE:May 22, 2017.RE:The Likelihood of a Successful Recovery by Hilary The case involves two minors, Hilary Davis and Bobby Jones.FACTSBobby Jones, an 11th grader at the time forcibly pinned down and verbally threatenedHilary Davis, a then 10thgrader on the date of April 3, 2011. This action took place onthe School Bus during it’s afternoon homebound route. Hilary Davis received multiple cuts and bruises she seem to be very emotionallystressed from the said incident.Another student named Melissa, who was present at the time witnessed the incident,stated she observed that Bobby had a knife in his hand at the time of the assault.Although no weapon was discovered from the scene.During questioning, Bobby said that he attacked Hilary because she had beenthrowing him mean looks for several 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. 2
Hilary CaseQUESTION PRESENTEDUnder Iowa law, can Hilary Davis, a minor who was attacked by her 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 cause great fear. DISCUSSIONThere is more than enough evidence, witnesses, an incident report, a confession, and amedical report, to prove that Bobby attacked Hilary causing both physical andemotional, and mental distress. In several states, parents can also be held accountablefor the acts of violence committed by their children. Sub-Consequently, Bobby’sparents would be responsible for compensating Hilary for the suffering caused bytheir son Bobby (Hyman, Black & Silver, 2014).

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