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Each essay should be one page of text (exclusive of cover sheet and reference list), APA style citation (only where necessary), single spaced, 1 inch margins, and times new roman font. Students must achieve a green score in Turnitin before submitting it to the Professor. This mid-term is about using your critical thinking skills and applying the law. You may not need to cite any journals or other resources making APA citations unnecessary. However, if you opt to cite to other sources then please employ APA citations where needed. Citations to law (case law and otherwise) should remain in legal citation format not APA.
ESSAY ONE
Apply the elements of negligence (duty to care, breach of duty, injury and causation) to the facts in the case: Niles v. City of San Rafael, 116 Cal. Rptr. 733 (Cal. Ct. App.1974). Include a link or PDF of the actual court case with your answer. After applying the elements comment on the court's decision. Do you agree? If so, why? Do you disagree? If so, why? Describe the strongest argument in the case. (Note: There is information in your textbook that can assist with this process).
ESSAY TWO
Find and read the case, People v. Diaz, 834 P.2d 1171 (Cal. 1992). Include a link or PDF of the actual court case with your answer. How did the evidence show when there was no eyewitnesses that the defendant was the one who killed the 12 patients?
An unqualified litigation clerk was given the matter to handle, but his incompetence over an 11- month period created further embarrassment for Henrietta. Has Henrietta any claim against the firm for ‘mental distress and upset'?
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