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Susie Marks was seriously injured when the truck in which she
was riding failed to negotiate a left turn. On the evening in
question, Susie got a ride with Orson to the Elsewhere City
Park, where she met her friend, Jerry, and his girlfriend, Kate.
Orson said he would pick Susie up at 11:00 p.m. when the park
closed. Jerry was a minor who had only been licensed to drive
for a few months. He was driving a small truck, the bed of
which was covered by a camper shell.
At 11:00 p.m. they were approached by Officer Ruthless of the
Elsewhere Police Department, who told them they had to leave
the park since there was a curfew and the park was closing.
Jerry and Kate got into the truck and Ruthless told Susie to get
in the back of the truck. (This state allowed people to ride in the
backs of camper trucks without seatbelts.)
Susie told Ruthless she wanted to wait for Orson, or she could
walk home, but Ruthless told her to get in the truck. Ruthless
told Jerry: "Get everybody out of here," and that "if you guys
don't get out of here, curfew will be enforced."
After leaving the park, Jerry made two stops, one just four
doors down from Susie's house. Susie did not leave the truck.
Jerry lost control of his truck while making a left turn and Susie
was seriously injured when the truck overturned. Approximately
one-half hour ensued between the time the group left the park
area and the time of the accident.
Following the accident, Susie filed a complaint against the City
of Elsewhere, Ruthless, and a number of other defendants. The
complaint alleged that the City and Ruthless were liable because
Ruthless had negligently ordered Suzie to ride in the back of the
truck.
Title/Role/Character
Name: Susie Marks
Title: Plaintiff
Gender: female (under 18)
I only live about six blocks from the park. After Officer
Ruthless ordered us to leave the park, I told him that I only
lived up the street, and could walk home. Officer Ruthless paid
no attention to me, he did not acknowledge what I said, he just
ordered everyone to get into the truck. If I had been given a
choice, I would have waited for Orson, or walked home from
the park. Ruthless did not give me any alternative to riding in
the back of Jerry's truck. But for that, I wouldn't have ended up
in traction and missed the first semester of my senior year.
Name: Officer Ruthless
Title: Defendant
Gender: Male, about 35
It's the law that minors have an 11:00 p.m. curfew, and the park
closes at 11:00 p.m. Jerry, Kate, and Susie were together, and
Jerry had no problem with giving Susie a ride. I had no idea
when Orson might arrive, and I couldn't wait around at the park,
since I had other duties. I also didn't think it was safe for Susie
to walk a mile home that late at night. Those kids rode around
for half an hour after they left the park, and Susie could easily
have gotten home when Jerry made his second stop.
You are the judge in the case. Does Susie have a case against
Ruthless? Is Ruthless the proximate cause of Susie's injuries?
Read the scenario summary above and prepare an essay
rendering your decision. The components of a legal decision
must include the following.
Factual Summary:
Provide a succinct and accurate description of the scenario at
hand. Summarize the scenario to include all relevant facts.
Issue(s):
Restate or summarize the question. What is the legal question
you are going to answer?
Legal Concept(s):
Identify and discuss one or more legal concepts from the course
material when exploring the problem at hand. Define the legal
concept(s) and explain how the concept(s) relate(s) to the given
scenario.
Analysis/Conclusion:
Analyze the factual scenario in relation to the legal concept in
order to reach a well-reasoned conclusion. Be sure to apply the
legal concept correctly toward solving the legal issue.

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  • 1. Susie Marks was seriously injured when the truck in which she was riding failed to negotiate a left turn. On the evening in question, Susie got a ride with Orson to the Elsewhere City Park, where she met her friend, Jerry, and his girlfriend, Kate. Orson said he would pick Susie up at 11:00 p.m. when the park closed. Jerry was a minor who had only been licensed to drive for a few months. He was driving a small truck, the bed of which was covered by a camper shell. At 11:00 p.m. they were approached by Officer Ruthless of the Elsewhere Police Department, who told them they had to leave the park since there was a curfew and the park was closing. Jerry and Kate got into the truck and Ruthless told Susie to get in the back of the truck. (This state allowed people to ride in the backs of camper trucks without seatbelts.) Susie told Ruthless she wanted to wait for Orson, or she could walk home, but Ruthless told her to get in the truck. Ruthless told Jerry: "Get everybody out of here," and that "if you guys don't get out of here, curfew will be enforced." After leaving the park, Jerry made two stops, one just four doors down from Susie's house. Susie did not leave the truck. Jerry lost control of his truck while making a left turn and Susie was seriously injured when the truck overturned. Approximately one-half hour ensued between the time the group left the park area and the time of the accident. Following the accident, Susie filed a complaint against the City of Elsewhere, Ruthless, and a number of other defendants. The complaint alleged that the City and Ruthless were liable because Ruthless had negligently ordered Suzie to ride in the back of the truck. Title/Role/Character Name: Susie Marks Title: Plaintiff Gender: female (under 18) I only live about six blocks from the park. After Officer
  • 2. Ruthless ordered us to leave the park, I told him that I only lived up the street, and could walk home. Officer Ruthless paid no attention to me, he did not acknowledge what I said, he just ordered everyone to get into the truck. If I had been given a choice, I would have waited for Orson, or walked home from the park. Ruthless did not give me any alternative to riding in the back of Jerry's truck. But for that, I wouldn't have ended up in traction and missed the first semester of my senior year. Name: Officer Ruthless Title: Defendant Gender: Male, about 35 It's the law that minors have an 11:00 p.m. curfew, and the park closes at 11:00 p.m. Jerry, Kate, and Susie were together, and Jerry had no problem with giving Susie a ride. I had no idea when Orson might arrive, and I couldn't wait around at the park, since I had other duties. I also didn't think it was safe for Susie to walk a mile home that late at night. Those kids rode around for half an hour after they left the park, and Susie could easily have gotten home when Jerry made his second stop. You are the judge in the case. Does Susie have a case against Ruthless? Is Ruthless the proximate cause of Susie's injuries? Read the scenario summary above and prepare an essay rendering your decision. The components of a legal decision must include the following. Factual Summary: Provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts. Issue(s): Restate or summarize the question. What is the legal question you are going to answer? Legal Concept(s): Identify and discuss one or more legal concepts from the course material when exploring the problem at hand. Define the legal concept(s) and explain how the concept(s) relate(s) to the given scenario. Analysis/Conclusion:
  • 3. Analyze the factual scenario in relation to the legal concept in order to reach a well-reasoned conclusion. Be sure to apply the legal concept correctly toward solving the legal issue.