As you enter the homestretch, you should be writing practice answers. APD is offering a final skills workshop to help you use your practice answers to fine tune your essay writing and organization. We will discuss common essay problems and explain how to "Diagram IRAC" to improve your organization. Upper division students will be available for one-on-one questions at the end of the session.

1L APD Nov. Exam Workshop Instructions:

1) All sessions are the same; do not attend more than one:
•    Mon. 11/10, 7:30-8:45 p.m. in B127; OR
•    Tues. 11/11, 9:00-10:15 a.m. in B137; OR
•    Tues. 11/11, 1:10-2:25 p.m. in B137; OR
•    Fri. 11/14, 10:30-11:45 a.m. in B127

2) To gain entry into the workshop, write out answer to the Torts question below and e-mail it at least 12 hours before the workshop to Jennifer Leung at jyleung@scu.edu. (You must include your name and which session you plan to attend on the document).

3) Bring a hard copy of your answer to the workshop.

4) If possible, bring 3 colored highlighters to the workshop.

Torts Question for Exam Workshop

Question 1:

Daisy was driving on the streets of City to meet her friend for a lunch date.

Realizing that she might be late for the lunch date and, while still driving, Daisy decided to call her friend on her cell phone to let her know that she was running late.  While dialing the number, Daisy lost control of her car and hit a telephone pole.  The pole broke, fell over, and rolled down the street.  

About a block away, the pole rolled toward a cat that was walking across the street.  Fearing for his cat’s safety, nine-year-old Paul ran into the street, jumped in front of the moving pole, and pushed the startled cat out of its path.  Unfortunately, the pole ran over Paul’s leg and crushed it.  Paul will need medical treatment for these injuries for the rest of his life.

Prior to these events, City had passed an ordinance forbidding the use of cell phones by an automobile driver while driving.  The ordinance was passed in response to community concerns that cell phone use while driving is distracting and causes motor vehicle accidents.  The penalty for a violation of the ordinance is $100.

Discuss ONLY the theory of negligence that Paul can bring against Daisy, and the likely result. DO NOT discuss defenses.