Carrie and Jim Townsend live in a townhouse next to Patti and Bob Gaines in Anytown, USA for the past year. The two couples have become friends and often sit in their adjacent backyards having a few adult beverages. One evening in the summer, the two couples are enjoying some beverages when they start to discuss football. Carrie and Jim are from Philadelphia and are huge Eagles fans. Carrie and Jim learn, unbeknownst to them, that Patti grew up in Dallas and is a huge Cowboys fan.
Initially, the discussion is friendly with jokes about the two teams. However, soon Carrie becomes inebriated and begins hurling insults at her “friend” Patti. She screams at Patti and very loudly tells her that only “a dumb Southerner” could ever like the Cowboys. Bob is very upset that his wife is being insulted. He cannot bring himself to hit a woman, so he instead hits Jim in the face and tells him to control his wife. Jim, who is not involved in the verbal insults, was taken off guard by the punch and finds that he is bleeding from his mouth and several of his teeth are now in the lawn.
Other neighbors overhear the loud argument and call the police. The police come into the backyard and take Bob into custody for hitting Jim. They restrain Carrie who is still screaming about how amazing the Eagles are and asking the police how they feel about the two sports teams. The police do not get involved in the sports discussion but leave Carrie, Jim and Pattie in the backyard.
Jim goes with his wife to the hospital for medical treatment. Jim needs stiches for his mouth and cannot go to work for a week as a sales associate at a retail store because of his injuries.
Answer the following questions about the incident:
1. Explain the difference between a crime and a tort. Who are the parties in each cause of action? What penalties or damages can be assessed in each case?
2. What crimes might the District Attorney allege against the parties? Make sure to explain the legal basis of each crime and tell me which of the parties should be charged.
3. What tort claims might the parties? Are there any defenses that should be asserted by the parties? Explain the element of each tort and defense in detail.
4. What damages may be asserted against the parties for the tort case?
Prepare a response to each question posed. Make sure to set forth your answer in complete sentences. Spelling and grammar will be checked in grading your case study. Remember a well thought out response receives a better grade than a correct conclusion with no reasoning provided. Because of the differences in state laws, the only resource you should use (and I expect to be used) for this case study response is the textbook.
Write answers to the following questions from the information set forth in the textbook. You must include three specific points from the textbook reading in your response including the chapter, page number and paragraph number at which you found the information. For example if you found the information in Chapter One, page one and paragraph one of the textbook, you should use the following reference in your response (Chapter 1, p. 1, para. 1). For online versions of the textbook use the section number (Ex. 19-3d). Each reference must be from the textbook—internet sources or other references from other sources will not suffice. If you have an older version of the textbook, please note that in your response.