For the Unit 3 paper, respond to the following hypothetical situation. Identify the intentional torts and available defenses involved, if any, and support your answers.
Leroy McPhillen frequented a pub called Bottom’s Up! Late one Saturday night, an intoxicated man named John began shouting obscenities at a woman sitting at the table next to Leroy’s. The woman, Jane, ignored the man and continued to drink her beer. John approached Jane, looking ominous.
Leroy stood and asked the fellow over to the bar for a drink. John grumbled that Leroy should mind his own business. John reached out and grabbed Jane’s wrist, and Leroy neatly twisted John’s other arm behind his back while restraining him with a neck hold. John protested vehemently, but Leroy did not let go. Leroy placed John firmly into a chair and told him not to move, or else Leroy would have to punch him. That’s when Jane told Leroy that the man was her husband.
You should cite at least three different sources in your paper. You can use the course text as one source, as well as cases or law review articles available on Westlaw. Westlaw is available in the Library and there is also a link under the Academic Tools tab in each unit.
In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:
- Your paper must be at least 2–3 pages in length, not including the cover and reference pages.
- Include a cover page and references page in 10–12 point font (Arial, Courier, and
- Times New Roman are acceptable.
- You must use APA or Bluebook citation.
- Viewpoint and purpose should be clearly established and sustained.
- Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
- Writing should be well ordered, logical, and unified, as well as original and insightful.
- Your work should display superior content, organization, style, and mechanics.
- Appropriate citation style should be followed.
The Case of the Rejected Check
Read the case of Estiverne v. Sak’s Fifth Avenue beginning on p. 204 in Chapter 7 and then respond to the following questions:
- Why do you think Sak’s Fifth Avenue’s employee requested a consumer report before accepting Mr. Estiverne’s check?
- Is it an invasion of privacy for a store to request a consumer report?