This assignment is posted under the Discussions tab.
This assignment is posted under the Discussions tab. Students will be divided into groups and
you will be assigned to a Discussion Forum based on the first letter(s) of your last name (Jury 1
A-C for example). Each group will be assigned a different legal scenario. Please monitor
Canvas’s Discussion to see which Scenario/Group you have been assigned.
There will be posted in the Discussions a fact scenario that relates to the material in the textbook
to date. A series of questions will be posted with this scenario. Each student who participates in
this discussion can receive up to (150) points for the initial answer and (50) points for a peer
response.
The assignment will be graded based on the assignment rubric. For best results, please structure
your responses in the IRAC format: 1) state the applicable legal ISSUE(S); 2) identify the
applicable RULE(S) / laws; 3) APPLY the facts at bar to those laws; and 4) state a CONCLUSION.
In addition to identifying the applicable law(s), you must always cite your source for the law(s)
by simply providing the page number from the textbook at the end of the sentence cited (not at
the end of your work). No external research or sources of law are necessary. Please only use the
textbook as your source of law. Additional consideration will be given to the number of legal
issues identified and application of the correct law to the facts of the matter.
Cal Western runs a law school at 350 Cedar Street in a San Diego building it owns, possesses and controls. Cal Western provides no parking for its students at or near its law school. On January 30, 1984, Cal Western’s library and school grounds were open for student use until midnight. About 10 p.m., Cal Western law student William Donnell left Cal Western’s building after studying in its library and headed toward his parked car. While walking along the west side of Cal Western’s building, William was attacked, stabbed and injured by an unknown assailant. William called for help, but no security personnel came to his assistance. Cal Western’s building had no exterior lights on its west side. No security guards patrolled the building’s west side.
Donnell filed suit against Cal Western School of Law alleging that it knew criminal activity had occurred in the immediate area but negligently failed to provide adequate lighting and security around the law school building. Students, including William, going to and from the law school were forced to traverse the dangerous area because Cal Western did not provide parking for its students. Despite knowing about prior criminal activity perpetrated on persons and property around its law school premises, Defendant did not warn William of the dangerous conditions, provide adequate security forces or otherwise safeguard law school students from criminal acts. William sought compensatory damages and punitive damages. His wife Nancy sought damages for loss of consortium.
Defendant Cal Western asserted that as a matter of law it had no legal duty to protect William from crimes occurring on the public sidewalk. Generally, “a landowner has no right to control and manage premises owned by another.” (Steinmetz v. Stockton City Chamber of Commerce, 169 Cal.App.3d at p. 1147)
Donnell further argues, contending Cal Western’s two “coexisting” special relationships with William — the school-student special relationship and the landholder-business invitee relationship — required Cal Western to take reasonable, inexpensive measures to protect him from foreseeable criminal assault on the city-owned sidewalk bordering the school.
Donnell contends Cal Western had a duty to take reasonable steps to protect its invitees from foreseeable criminal assaults on sidewalks giving immediate access to its building. Donnell asserts Cal Western had the power to “control” the sidewalk by placing lights on its own building to shine on the sidewalk. Donnell also argues Cal Western should have mounted exterior monitors on its building walls to permit its students to view the dangerous area before traversing it.
As a member of the jury, based on the evidence provided above, what party is best supported by governing law? Please provide the basis of law and the supporting facts to support your answer.
What facts, if different, would change your mind as juror as to the outcome of this trial?
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