Tommy Smith was walking down the street and saw Mr. Larson and Mrs. Larson fighting in the front yard. Mr. Larson had a gun in his hand and Mrs. Larson had a knife in her hand. Mr. Larson yelled out to Tommy “Don’t you dare trespass on my lawn!” Tommy decided to help Mrs. Larson so he stepped onto the lawn. Mr. Larson grabbed Tommy and took him into the house against Tommy’s will. Mr. Larson yelled at Tommy and told him he was going to hit him. Mr. Larson did hit Tommy and then locked him in the basement. As he put him in the basement, he told Tommy he was going to go to Tommy’s house and kill his mother because he stepped in to help Mrs. Larson.
Mr. Larson went back outside with the intention of shooting Mrs. Larson. However, before he shot the gun, Mrs. Larson stabbed him. Mr. Larson lived. Your law firm is going to represent both Mrs. Larson and Tommy.
Using your state statutes, outline the facts of the case in a two-page memorandum.
Look at torts relating to assault, battery, false imprisonment, infliction of mental distress, trespass to land, trespass to chattels and conversion. Did the facts of this case support any of these torts? Describe each tort and explain how it does or does not relate to this case.
Now look at the possible defenses that might be used in this case. Do you see any facts that lead to consent, self-defense or defense of others? Describe each defense tactic and how it does or does not relate to this case.
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