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Structure of Squibs Start either with something like, “This case deals with the intent element of the IIED tort. The defendant...” or Start with facts.

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Presentation on theme: "Structure of Squibs Start either with something like, “This case deals with the intent element of the IIED tort. The defendant...” or Start with facts."— Presentation transcript:

1 Structure of Squibs Start either with something like, “This case deals with the intent element of the IIED tort. The defendant...” or Start with facts of the case, e.g., “A woman [The plaintiff] sued a finance company for IIED based on the company’s actions in trying to collect a debt she owed. The finance company called... This case will be used when discussing the “outrageous conduct” element of IIED. In Ms. Weiss’s situation, the parents...”

2 Citation Form, Legal Encyclopedias Bluebook R 15.8 11 Ill. Jur. Torts § 79 (2003)

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5 Suggested Structure for Discussion Section of Laura Weiss Memo IV. Discussion Topic Paragraph A. Extreme and Outrageous Conduct by Mr. and Mrs. Weiss or, if you would prefer to make it a question: A.Was the Defendants’ Conduct “Extreme and Outrageous?”

6 Suggested Structure for Discussion Section of Laura Weiss Memo IV. Discussion Topic Paragraph A. Extreme and Outrageous Conduct by Mr. and Mrs. Weiss 1.Factor # 1 2.Factor # 2 3.Factor # 3 4.Factor # 4

7 Suggested Structure for Discussion Section of Laura Weiss Memo B.Intent to Cause, or Conscious Disregard of a High Risk of Causing, Severe Emotional Distress or, if you would rather make it a question B.Did the Defendants Intend to, or Consciously Disregard a High Risk that their Conduct would, cause Severe Emotional Distress?

8 Suggested Structure for Discussion Section of Laura Weiss Memo C. Severe Emotional Distress [suffered by Laura Weiss] or, if you would rather make it a question or, if you would rather make it a question C.Did Laura Weiss Actually suffer Severe Emotional Distress?

9 Suggested Structure for Discussion Section of Laura Weiss Memo IV. Discussion Topic Paragraph A. Extreme and Outrageous Conduct [by Mr. and Mrs. Weiss] 1.Factor # 1 2.Factor # 2... B. Intent to Cause, or Conscious Disregard of a High Risk of Causing, Severe Emotional Distress [by Mr. and Mrs. Weiss] Factors (if any) C. Severe Emotional Distress [suffered by Laura Weiss] Factors (if any)

10 Suggested Structure for Discussion Section of Laura Weiss Memo IV. Discussion Topic Paragraph A. Was the Defendants’ Conduct “Extreme and Outrageous?” 1.Factor # 1 2.Factor # 2... B.Did the defendants Intend to, or Consciously Disregard a High Risk that their Conduct would, cause Severe Emotional Distress? Factors, if any C. Did Laura Weiss actually suffer Severe Emotional Distress? Factors, if any Factors, if any

11 Citation Exercise II, Problem 1 Lyons v. Fairmont Real Estate Co., 77 S.E. 525 (W. Va. 1912) or, if the Local Rules include the parallel cite: Lyons v. Fairmont Real Estate Co., 71 W. Va. 754, 77 S.E. 525 (1912)

12 Citation Exercise II, Problem 2 Grain Dealers Mut. Ins. Co. v. Porterfield, 287 Ark. 287, 695 S.W.2d 833 (1985)

13 Citation Exercise II, Problem 3 Kelley v. R.G. Industries, Inc., 497 A.2d 1143 (Md. 1985)

14 Citation Exercise II, Problem 4 Elsome v. Elsome, 601 N.W.2d 537 (Neb. 1999) or, if you must include the parallel cite: Elsome v. Elsome, 257 Neb. 889, 601 N.W.2d 537 (1999)

15 Citation Exercise II, Problem 5 Haw. Rev. Stat. §§ 329-79, 328-83 (Supp. 2005)

16 Citation Exercise II, Problem 6 Cal. Civ. Code § 1632(a)-(c) (West 1985 & Supp. 2006)

17 Citation Exercise II, Problem 7 Id.

18 Citation Exercise II, Problem 8 Cal. Civ. Code § 1559.

19 Citation Exercise II, Problem 9 id., § 1556.

20 Citation Exercise II, Problem 10 N.Y. Arts & Cult. Aff. Law § 35.01 (McKinney ____).

21 Short Form, Cases See B5.2: McGrath v. Fahey, 533 N.E.2d 806 (Ill. 1988) can become: McGrath, 533 N.E.2d at 808, or 533 N.E.2d at 808, or id. at 808

22 Concordance of Bluebook Rules No indication of which state court decided the case in parenthetical if it is clear from the reporter cited: B5.1.3 & R.10.3.1. Typically parallel cites include only reporters, not looseleaf reporting services: B5(iv), (v), R10.3.1(b). T.1 for how to cite State Statutes Use of commas to separate different sections of the same code: R3.3(b) Use only one “§” when dealing with multiple subsections: R3.3(b). Use of “id.” B5.2, R4.1 -period after “id.” is always underlined or italicized, id. Short form Citation: B6.2. (statutes); B5.2 (cases)

23 Question Presented/Short Answer Exercise, Problem 1 Question Presented The residential burglary statute requires the robbery take place from a “dwelling place.” The question presented is thus: Whether a detached garage with no plumbing facilities is a “dwelling place” for purposes of the residential burglary statute, when the garage has been converted into a retreat for the owners’ college age son who studies and sleeps, but does not eat, there several weeks a year? Short Answer Yes. A detached garage can serve as a dwelling place for purposes of the residential burglary statute where, as here, it is used for the normal emoluments of living by the owners’ son, such as working, sleeping, and shelter.

24 Question Presented/Short Answer Exercise, Problem 2 Question Presented Whether a niece can recover for negligent infliction of emotional distress if she hears, but does not see, a negligently caused automobile accident involving her uncle and arrives at the scene within a half-minute after the accident occurs and observes her uncle’s severe injuries, a result of which she suffers persistent and severe nightmares, headaches and phobias? Short Answer Yes. A niece who suffers severe emotional distress resulting from the contemporaneous and direct emotional impact of hearing a negligently caused automobile accident involving her uncle, and who views her uncle’s grave injuries within 30 seconds of the accident, is likely to be able to recover for negligent infliction of emotional distress.

25 Question Presented/Short Answer Exercise, Problem 3 Question Presented Is an employer liable under Title VII of the Civil Rights Act of 1964 for an unlawful employment practice when he repeatedly asks women employees out on dates long after the women have expressed their discomfort with such advances and shows them unwelcome pornographic pictures in the workplace after being asked to stop doing so? Short Answer Yes. An employer is liable under Title VII when its supervisory employees alter the conditions of employment by making unwanted advances to women employees and showing them pornographic pictures because such acts create a hostile work environment such that the women themselves, as well as any reasonable woman, would believe she were being singled out for disparate treatment as a result of her appearance and gender.


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