LEG 300 Week 4 Assignment 2 Alternative to

the But For Test

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Assignment 2: Alternative to the But-For Test

Based upon Battocchi v. Washington Hospital Center, 581 A.2d759

(D.C.1990)
Because of the use of forceps during his delivery, baby Adam received
permanent brain injuries. The attending physician, Dr. Cohn, diagnosed
the babys position as face down, while in fact the baby was face up.
When babies are face up, the use of forceps is inappropriate. The forceps
slipped off the babys head twice while Dr. Cohn attempted to deliver
the baby. Dr. Brady was called, did not ascertain the babys position
and, using the forceps, eventually delivered the baby. The parents
claimed that both doctors negligently used forceps by applying too much
compression pressure to the babys head, causing brain injuries. The
parents settled with Dr. Cohn; only Dr. Brady was a defendant at trial.
Please read pp. 182-204 in your text book regarding Alternatives to the
But-for Test which is used to test legal causation in a negligence case.
Write a two to three (2-3) page paper in which you:

1.Describe the theory of multiple sufficient causes as an alternative to

the but-for test.
2.Decide whether the plaintiff or the defendant traditionally has the
burden of proving the defendants tortious conduct was a factual cause
of the plaintiffs harm.
3.Describe the effect of the Court granting the plaintiffs motion to shift
the burden of proof regarding causation to Dr. Brady.
4.Describe whether or not Dr. Bradys burden of proof re: his innocence
is made difficult by the fact that Dr. Cohn settled outside of court
without admitting fault.
5.Format your assignment according to these formatting requirements:
Typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides; references must follow APA or school-
specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment, the students
name, the professors name, the course title, and the date. The cover
page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment
are:

Identify the elements of negligence, that is, duty, breach, causation,

proximate cause, and damages.
Use technology and information resources to research issues related to
law and the legal system.
Write clearly and concisely about issues in law and the legal system
using proper writing mechanics.
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LEG 300 Week 6 Assignment 3 The Tort of
Battery
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Assignment 3: The Tort of Battery

Due Week 6 and worth 140 points
Read pp. 15-39 of your textbook on battery.
Write a two to three (2-3) page paper in which you:
Define the tort of battery.
Determine whether or not a person must intend to cause harm or
offensive contact for it to be considered battery.
Provided the standard or definition of offensive contact.
Conclude whether or not being subjected to vapor from e-cigs is an
actionable cause for battery, based upon offensive contact. Determine
whether or not it would matter if the supervisor exhaled in the
employees face.
Explain whether or not the supervisor would have a defense of employee
consent if the employee never complained because he was afraid of
being terminated if he did complain.
Format your assignment according to these formatting requirements:
Typed, double spaced, using Times New Roman font (size 12), with
one-inch margins on all sides; references must follow APA or school-
specific format. Check with your professor for any additional
instructions.
Include a cover page containing the title of the assignment, the students
name, the professors name, the course title, and the date. The cover
page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment
are:
Describe the elements of intentional torts and explain the types of
evidence and arguments a plaintiff can use to prove that the defendant
breached a duty to plaintiff.
Use technology and information resources to research issues related to
law and the legal system.
Write clearly and concisely about issues in law and the legal system
using proper writing mechanics.