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Instructions You are the judge and have just presided over a trial with the foll
Instructions You are the judge and have just presided over a trial with the following facts. You will be writing your decision concerning the case. **The structure and format of the decision** Title: Include a heading or sub-heading for each paragraph. 1. Facts: The first paragraph should summarize the relevant facts that were most important in your decision. Just facts, not who is at fault or the law. 2. Law: The next paragraphs of the decision should define what principles of law are applied to the case. You just provide a description of the law. You may copy this from my lecture. Do not apply the law to the facts of the case. (do not use the definitions from Google, as they will not provide the information needed) The principles of law that you will need to describe include: • Negligence (as provided in the chapter lecture) • State the Elements required to prove negligence • Comparative Negligence • Superseding Cause 3. Apply the law to facts: You apply the law that you identified above to the specific facts of this case so you can establish who is at fault. You will need to review each parties actions in relation to the elements of negligence. For example: "The ship painter" - Element 1= Does he have a duty to ... , Element 2= Did he breach this duty, Element 3= (and so on) 4. Fault: Determine who pays for what percent of what damages and if there were any superseding causes. Facts It all began one stormy night following a thaw of the ice laden Snake River. This is the story of the misadventures of the ship “Miss Porcupine”. Miss Porcupine was moored at dock of the Orca Bay Marina for the winter about two miles upriver from the Ice Bay Bridge. A storm had broken loose large pieces of ice as was common each year. The ice was floating down river and accumulating in front of the Miss Porcupine as usually happens each year. The ice caused pressure on the ropes of the Orca Bay Marina shore anchor such that the shore anchor gave way and the ship began to drift into the swift moving channel of the river. It was later determined that the shore anchor, constructed and maintained by the Orca Bay Marina, was improperly constructed. The only person on board Miss Porcupine was the ship painter who was responsible for painting, general maintenance and cleaning (could not operate the ship). After the ship broke loose, although it was not his duty or was, he trained on it, the ship painter attempted to release the ships anchors but failed to do it correctly and the anchors did not drop. Miss Porcupine went careening down the river stern first. It struck the bow of the ship “Seadog” causing it to break loose of its shore anchor. The “Seadog” ship painter was visiting his girlfriend and was not present on the ship to take action. There is no duty for a ship painter to be on a ship 24 hours a day. The facts presented established that if either ship had lowered its anchors there would have been no change in the damages since the river bottom was so rocky that the anchors would not have stuck. Concerning controlling the ship, it takes over one hour to get a ship started and the engines in working status. There is no duty for the ship owners to have someone on the ship when it is tied or anchored at the dock. The ship Seadog hit and damaged the ship “Sea Quest” which was moored next to it. Both ships, the Seadog and the Miss Porcupine, drifted toward the bridge. Based on a call from the Orca Bay Marina, the Coast Guard called the Ice Bay Bridge operator to tell her of the impending disaster. Unfortunately the bridge operator was not at her station but at a nearby bar with her boyfriend drinking umbrella drinks. She thought this would not be a problem since boats almost never need the bridge opened when the ice is flowing down the river. Since she was not at her regularly scheduled station she did not get the call and did not raise the bridge. Since the bridge was down, both ships wedged themselves against the bridge, damaging the bridge and the ice began to form behind them, causing an ice dam. Two people on the bridge were injured in the collision and the river began overflowing the banks for two miles upriver damaging many buildings along the river. Assignment Description: You are to put yourself in the position of being the judge. You have presided over a trial with the facts as given. It is your job to determine who is at fault and provide the legal reasoning and description of the law that applies to the facts. You will determine who is at fault and who pays for what. You are writing this for an audience that does not know the facts and does not know the law. Assume the facts provided are all true and you may also assume that which would naturally occur or is implied by the facts. Do not write in new facts or facts that have not been provided that do not naturally occur in relation to the facts you have been given.

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