How to Ace FYLSE/2010 J Q1

http://admissions.calbar.ca.gov/Portals/4/documents/gbx/1007_Essay_Selected-Answers.pdf

Fact summary

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B stole H's gun which was not secured as required by law and use it to attack P in a parking lot owned by C who had similar incidents before but did nothing. P fainted and suffered injuries.

Outline

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P v. H

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Negligence

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Duty

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  1. Standard of Care
  2. Negligence per se

Breach

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Causation

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  1. Actual
  2. Proximate

Damages

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Defenses

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  1. Assumption of Risk
  2. Comparative Negligence
  3. Contributory Negligence

P v. B

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Assault

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Battery

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IIED

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NIED

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Conversion/Trespass to Chattel

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False Imprisonment

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P v. C

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Negligence

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Duty, Breach, Causation, Proximate Cause