A social host is liable when the host serves alcohol to a visibly intoxicated adult, and the person injures a third party in a reasonably foreseeable manner or when the host serves alcohol to a minor with knowledge that the minor will drive.
A tavern owner is liable to an injured third party when he serves alcohol to a visibly intoxicated adult or someone the host knows is a minor.
The Stripes’ garage is a living quarters in which Michael Stripe “actually resides.” When determining whether a structure is a living quarters, courts evaluate the type of activities for which the owners use the structure, as well as the frequency of those activities and physical evidence of those activities.
The circumstances of Ms. Lush’s case prove that she was in physical control of her vehicle after she pulled off the road. The courts determine physical control by factors such as the “actual or constructive possession” of the car keys, and the defendant’s posture in the seat.
Analysis (rule application) shows why the case is precedent and how it applies to the client
Deductive Writing Pattern – Overview Paragraph –CR Outline rule of law, identify issue Thesis paragraph – for each issue Summarize both the issue & analysis CR Explanation-explain rule of law Factors, holding, etc. Analysis/Application – Apply rule to client & evaluate opposing arguments Conclusion
The Michigan Court of Appeals held that a surrogate parentage contract is void and unenforceable if the surrogate receives compensation for the termination of parental rights ( Doe v. Attorney General ). This decision protects the natural rights of the birth mother and protects public policy issues of turning babies into commodities to be bought and sold