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The following scenario contains a number of potential TORTS.

The following scenario contains a number of potential TORTS.
Based on the information in the text as well as our class discussion, do the following: Identify each tort, discuss the elements of the tort, and state if the tortfeasor (person who committed the tort) would be held liable or if a defense exists. Please list them tort by tort (not a paragraph listing all torts, then a paragraph discussing the elements of each tort, etc.). Feel free to number them and use bullet points. Remember to discuss TORTS and NOT CRIMES. (25 points)

Nathan and Bryan, roommates, are hanging out at the Food Court. Bryan tells Nathan that last night he went in to his ex-girlfriend Nicki’s room while she was not home and took a bunch of DVDs. Bryan said it was dark, but he thought most of the DVDs belonged to him. Chrissy, a friend of Nicki, overhears the conversation. She walks to the table and tells the men that they cannot leave until Nicki arrives. When they try to leave, she puts the death grip on them which forces them to remain seated. Chrissy calls Nicki and tells her to come to the Food Court. Nicki comes over and hears what Bryan did. Nicki slaps Bryan and walks away. Bryan, angry about the interaction, makes a poster and puts it up in his residence hall room. The poster states that Nicki is a “druggie” and sleeps around. Nicki, Bryan, Chrissy and Nathan all end up in court suing each other for the potential torts that were committed.
The following scenario contains a number of potential CRIMES. Based on the information in the text as well as our class discussions, please do the following: Identify each crime, discuss the elements of the crimes, and determine whether the suspect is guilty or if a defense exists. Remember to discuss CRIMES and NOT TORTS. (25 points)

Mitch is an employee at a local bank with access to customer account numbers and other personally identifying information. Due to some personal problems, Mitch is desperate for money. Mitch uses his access at work to locate an account that has been inactive for the past five years. Mitch orders some checks for that account and then he alters the signature card at the bank so that the signature is in Mitch’s handwriting. Mitch begins using the money in the account to pay his expenses. After a short time period, Mitch realizes that he is draining the account and needs to find a way to make more money. He begins to take a certain number of cents out of every check that he receives to deposit in customer accounts and move it in to his new account. He only takes a few cents so that bank customers do not notice, but he is making a good amount of money each week. Mitch’s dad, a judge in town with whom Mitch lives, finds the new checkbook with the borrowed name. Dad confronts Mitch who offers to share 50% of his new income with Dad if Dad will keep quiet and not turn him in.

 

 

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