Highlights
Legal Hypotheticals
Use IRAC to answer the following 2 hypothetical legal questions
HYPO #1. Alexio is a double major in Business and Political Science at the College of Marin. He has been studying very hard so he can finish by spring semester and transfer to San Jose State University (SJSU). He spends most evenings in the COM library where he studies with his friend Ballentine who is also graduating in pre-engineering and plans to attend Cal Poly SLO in the fall. As Alexio sits down at the library cubicle and pulls his Business Law book out of his backpack he is shocked to see a baby rattlesnake curled up inside. Ballentine, who is standing nearby immediately grabs her book and tries to whack the snake but instead hits Alexio's arm so hard that it breaks in multiple places. Ballantine then loses her balance and falls backwards hitting her head on the desk corner. During all this commotion, Professor Dumble wanders in and gently picks up the baby rattler, cooing "there you are my pretty!" and whisks it away. Alexio ends up not being able to finish his 4 classes that semester since he cannot type or write and must postpone his admission to SJSU. Ballantine is suffering from recurring headaches, anxiety and nightmares of reptiles and attends weekly therapy sessions. Alexio learns from his friend Rohan who is studying pre-law and Administration of Justice that he may have multiple claims in tort theory, and so he sues the College, Professor Dumble and Ballantine for injuries suffered. Ballantine files a cross-complaint against the College and the Professor. What is the possible tort claims and damages for the parties in this action, i.e. Alexio v. COM, Ballantine and Dumble?
HYPO #2. The College of Marin Mariners Beach Volleyball Captain, Allana, convinces her teammates to lock arms during the national anthem at their home opener game against Cuesta College. As the Star-Spangled Banner plays, all the players stand arm in arm in the sand court by the net. Two of Allana's teammates, Bailey and Corina proceed to kneel during the anthem, and the assistant coach Val places her hands gently on their shoulders. Expert Mariner team setter, Dalia suddenly takes a small flag from her jacket pocket and sets it on fire and energetically pumps her left fist. The fans have mixed responses of boos and cheers and then the game begins. Mariners win handily. The next day, Allana, Bailey, Corina, and Dalia are called in by Ryan Bramble, the Director of Athletics and learn that they have been kicked off the beach volleyball team and suspended from college. What constitutional rights, if any, can the players assert against COM? Would it make any difference if they attended a private college instead of a public college?
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