LEG 107 ASSIGNMENT 2 ROUGH DRAFT PART 2.docx - Hilary Case...

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Hilary Case MEMORANDUM TO: Senior Partner, Attorney for Plaintiff FROM: Kaitlin Payne, Paralegal DATE: May 25, 2018 RE: The Likelihood of a Successful Recovery by the Client This case involves two minors namely Davis Hilary and Bobby Jones respectively. FACTS Davis Hilary, a 10th grader student was threatened and eventually held down by Bobby Jones, an 11th grader on April 3, 2011 at 3:20pm. The said incident took place at school bus on the route homebound. Davis Hilary sustained some cuts and was observed to be distressed both emotionally and psychologically from the incident which occurred. One of the witnesses by the name of Melissa, was a younger student who said she saw the incident and claimed that she watched Bobby Jones holding a knife during the latter's assault to Davis Hilary. No weapon was recovered at the scene however. During the interrogation, Bobby confessed that he had attacked Davis because of what he did: throwing bad looks at Bobby Jones for how many weeks. Davis Hilary visited the doctor on April 4, 2011 who confirmed that Davis had sustained a scalp wound with a diameter of 2.5 centimeter. The doctor also diagnosed Hilary with 300.8 anxiety including cranial abrasions and contusions. QUESTION PRESENTED ON THE CASE
Hilary Case Can Davis Hilary, a minor, recover for assault of both physical and emotional distress, who was attacked by his schoolmate Bobby Jones? ANSWER Yes. Under the law, assault is defined as an act carried out to cause threat together with the ability to cause the harm.

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