BBA 337 ASSIGNMENT 1
ASSIGNMENT 1
SEPARATE YOUR ANSWERS INTO 1) A), B), C) AND SO ON.
Read Negligence lecture 1 (CONTENT).
Answer the Following Questions:
1) a) What is the job of the jury and what is the job of a judge in a civil case?
b) What is the plaintiff's burden of proof in a civil case? Answer this question both by stating one of the two verbal formulas or phrases that describe that the plaintiff's burden of proof and also give the probability number between 0 and 1 that describes the plaintiff’s burden or proof?
c) Compare and contrast the following: Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted, Motion for summary judgment, Motion for directed Verdict, Motion for Judgment Notwithstanding the Verdict (In other words, what is similar about these motions and what is different?)
From Chapter 8 (textbook), read the first five pages up to but not including "res ipsa loquitur".
Read Negligence Lecture 2 (CONTENT) and answer the following questions:
2) a) State the five elements of negligence.
b) Does a person in our society have a “duty to aid” a person in an emergency? Are there any exceptions? Explain.
3) Read Problem number 21 at the end of Chapter 8. (Do not confuse Questions at the end of each chapter, which come first, with problems at the end of each chapter.) Answer Problem 21 by answering FOUR questions (divide your answer into four parts).
First, what is the status of Yania on Bigen’s land?
Second, given his status on the land, what duty did Bigen owe to Yania ?
Third, was the duty violated? Why or why not?
Fourth, should the defendant Bigen be liable to Yania’s widow in negligence; in other words, are all five elements of negligence met?

Let me say, there is no right answer to this case in the sense that I totally disagree with the decision of the judge in this case. What I mean is, I would