Explain the legal elements for each cause of action

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Reference no: EM133599441

Pig et al. v. Wolf

Background

The Pig brothers, Prosciutto, Bacon, and Porky, are three brothers who recently moved to the small town of Butchersville, Virginia, where they hoped to settle. They each live in the same neighborhood, though their commissioned homes are decidedly different due to their differing investment choices. Porky, for example, is the wealthiest of the three, and he was therefore able to purchase himself a brick house, while the other two managed to snag houses of straw and sticks.

The neighborhood which the Pig brothers have decided to call home directly faces a beautiful spread of forested area, which is just on the border of the Shenandoah National Forest and happens to be in a wind corridor.

Wolf is an inhabitant of the forested area and has lived in Butchersville his entire life. He is very familiar with the town's weather conditions, and when he notices two of the Pig brothers building houses that were definitely not suited to withstand the strong wind currents that the area is prone to, he decided that it was his neighborly duty to inform the two brothers of their predicament.

Scenario

Once each of the three brothers completed construction and moved in to their new homes, the Wolf came by Prosciutto's straw house, knocked on the front door and stated to yell "Let me in, or I will huff, and I'll puff and I'll blow your house down!" Terrified but courageous, Prosciutto responded that he would not let the Wolf in, "not by the hairs on my chinny-chin-chin!" Not liking his response, the Wolf proceeded to huff, puff and blow the straw house down.

Prosciutto ran to Bacon's house made of sticks for safety. The Wolf followed and proceeded to also huff, puff, and blow Bacon's house down as well. Prosciutto and Bacon were barely able to escape the falling debris, but made it to Porky's brick house. Luckily due to Porky's investment in brick, the Wolf was unable to blow his house down.

Prosciutto, Bacon, and Porky were finally safe, or so they thought! After catching their breaths they hear the Wolf climbing onto their roof, trying to enter the chimney. Luckily he got stuck and Prosciutto, Bacon, and Porky have decided to sue him for the damages he caused to both the straw and stick houses, as well as pain and suffering due the emotional distress they experienced during his attack.

Preparing your Closing Argument

the closing statement cover the following components:

1. FACTS

Explain what happened that caused this case to end up in court.

2. LAW

Explain the legal elements for each cause of action at issue (while avoiding legalese as much as possible).

3. ETHICAL THEORY

Explain why your side should win from an ethical viewpoint, based on how the facts connect with relevant ethical theories studied in this class.

4. LEGAL THEORY

Explain why your side should win from a legal viewpoint, based on how the facts CONNECT to the law of your case, as indicated by the legal elements previously discussed. To do this, you will clarify how your side will prove or has proven EACH REQUIRED legal element (if you represent the plaintiff), or how your side will defeat or has DEFEATED one or more of the required legal elements (if you represent the defense). Again, avoid legalese as much as possible.

Keep in mind that it is difficult to discuss either (3) or (4) without first knowing what happened, and it's impossible to discuss the legal theory without first knowing the law. Therefore, the following are generally the two most appropriate ways to divide these requirements:

Lawyer 1: Facts and Law / Lawyer 2: Ethical Theory and Legal Theory

Lawyer 1: Facts and Ethical Theory / Lawyer 2: Law and Legal Theory

Reference no: EM133599441

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