Court of Appeals of The State of Fiction Case Assignment

Court of Appeals of The State of Fiction Case Assignment

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

Court of Appeals of The State of Fiction Case Assignment

No. 00-00001

MARCIA HANSON,

Petitioner,

v.

JOHN and RITA SMART,

Respondent.

ON APPEAL TO THE COURT OF APPEALS OF

THE STATE OF FICTION FROM

THE FICTITIOUS TRIAL COURT

BRIEF OF PETITIONER

Some Lawyer

Attorney for Petitioner

4567 Any Lane

Anytown, Fiction 37214

TABLE OF CONTENTS

Index of Authorities …………………………………………………………. X

Statement of Jurisdiction …………………………………………………….. X

Statement of Issues …………………………………………………………… X

Statement of Facts ……………………………………………………………. X

Argument …………………………………………………………………….. X

Conclusion ……………………………………………………………………. X

Relief ………………………………………………………………………….. X

INDEX OF AUTHORITIES

Cases

Party A v. Party B, _ _ XX _ _ _ (Fict. 199_)

You v. Me, _ _ _ XX.2d _ _ (Fict. 197_)

Statutes

Fiction State Statute § XX-X-XXX

STATEMENT OF JURISDICTION

This Honorable Court has jurisdiction pursuant to Fiction Code Annotated § xx-x-xxx

QUESTIONS PRESENTED

DOES Fiction State Statute§ XX-X-XXX PROVIDE FOR A DISMISSAL BASED ON A

FIRST BITE DEFFENSE?

STATEMENT OF THE FACTS

On April 23, 2008, at approximately 4:00 AM, Marcia Hanson was delivering

newspapers for The Smalltown newspaper in Anytown, Fiction. As Ms. Hanson approached the

home of John & RITA SMART, their dog, a male pit bull named Spot, ran barking from the back

of the house and approached Ms. Hanson on the sidewalk. Spot then charged Ms. Hanson, biting

her on the right leg, ankle and foot. Mrs. SMART unsuccessfully attempted to call Spot off of

Ms. Hanson. Hearing the commotion, Mr. SMART came out of the house and commanded Spot

to “hold down,” at which time the dog immediately released Ms. Hanson’s foot and ran to Mr.

SMART. Mrs. SMART called 911 and within minutes the Anytown Fire Department and

paramedics arrived at the scene. They staunched the flow of blood from Ms. Hanson’s foot and

transported her to Smalltown Hospital where she was sedated and received 140 stitches in her

right leg, ankle and foot. She was given a tetanus shot and admitted for overnight observation.

Smalltown Police Department arrived at the scene where they took a report from Mr. &

Mrs. SMART, recorded Spot’s rabies number, and informed them that Spot would have to be

impounded for 10 days as required by county ordinance. The SMART’s informed the police that

they would take Spot to their veterinarian for the period of impoundment. The police attempted

to interview Ms. Hanson at the hospital, but she was heavily sedated and could not speak at the

time.

Trial was held in Fictitious Trial Court on December 19 th

, 2008, Honorable Judge Noble

Judge presiding. Judge Judge ruled that while Ms. Hanson was in fact bitten by Spot and was

required to have 140 stitches, the Defendant’s would not be held liable under the “first bite”

doctrine. The first bite rule exempts dog owners from liability for damages incurred if the dog

has not previously bitten anyone.

ARGUMENT

A DOG OWNER WHO IGNORES THE DUTY TO KEEP THE DOG UNDER

CONTROL IS LIABLE FOR DAMAGES TO SOMEONE WHO IS NOT TRESPASSING.

Fiction State Statute§ XX-X-XXX – Injury caused by dogs; civil liability; exceptions; limitations

provides the following in part:

(1)(a) The owner of a dog has a duty to keep that dog under reasonable control at all

times, and to keep that dog from running at large. A person who breaches that duty is

subject to civil liability for any damages suffered by a person who is injured by the

dog while in a public place or lawfully in or on the private property of another.

(1)(b) The owner may be held liable regardless of whether the dog has shown any

dangerous propensities or whether the dog’s owner knew or should have known of the

dog’s dangerous propensities.

(2) Subsection (1) shall not impose liability upon the owner of the dog if:

(2) (b) The injured person was trespassing on the property of the dog’s owner.

Pursuant to the above, the owner of a dog has a duty to keep that dog under reasonable

control at all times. Neither Mr. nor Mrs. SMART had Spot under their control, as evidenced by

the fact that he was able to reach Ms. Hanson at the sidewalk before she had even crossed the

property line. If the dog was unleashed, it can be considered “at large.” Subsection (1)(b) also

clearly states that the owner will be held liable regardless of any dangerous propensities, known

or unknown, thus invalidating any first bite provisions.

Subsection 2 above relieves the owner of liability if the person was trespassing. Hanson was

delivering the paper at the request of the SMART’s as they subscribe to home delivery of the

paper. Hence, she was in no way trespassing.

The trial court, therefore, erred in dismissing Hanson’s claim and the SMART’s should be held

liable for damages.

In Party A v. Party B, _ _ XX _ _ _ (Fict. 199_) Party B lived in a rural community and allowed

his Doberman, Muffy, to run free each night between the hours of 1 and 2 am. Party A was

bitten by Muffy while walking down the road at 1:30 am after his vehicle had run out of fuel.

The Court awarded Party A damages, ruling that if the owner of a dog allowed the animal to run

at large, the dog owner was liable for damages resulting from the dog’s biting a person.

Allowing Spot out of the house without a leash constituted the dog’s “running at large” and the

SMART’s, therefore, are liable for Ms. Hanson’s damages.

In You v. Me, _ _ _ XX.2d _ _ (Fict. 197-) You was awarded damages when Me’s off-duty

police dog bit her while she was delivering a pizza to the Me household. The Court held that the

owner of a dangerous dog, kept on the owner’s property, owed guests the duty of ordinary care

while the guest was on the premises. Mr. and Mrs. SMART subscribed to The Smalltown

newspaper and knew that it was delivered early each morning, as it had been for nearly 3 years

prior to the incident. While Spot is not a trained police dog, he was known to occasionally lunge

and growl without provocation and the inherent dangerous nature of the breed should have

caused the SMART’s to be more cautious. On the morning in question, Spot did bite Ms.

Hanson causing her great bodily injury.

CONCLUSION

The trial court erred in dismissing Ms. Hanson’s claim for damages. The SMART’s are

liable for not keeping the animal under their control and allowing it to run at large which resulted

in harm to the Petitioner, Marcia Hanson.

Court of Appeals of The State of Fiction Case Assignment

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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