1. List out the four elements of negligence. Review the case of Newberger v. Prokrass in Chapter 4. Applying the facts of the case and the four elements of negligence, how is Newberger negligent to Prokrass? What facts would you use to assess Newberger’s damages? Similarly, how is Prokrass negligent to Newberger? What facts would you use to assess Prokrass’ damages?
To start off the analysis of how is Newberger negligent to Pokrass, answer:
1. What duty does Newberger owe to Prokrass?
2. Did Newberger breach that duty?
3. Was the breach of that duty the cause of the injury?
4. What are the damages? Explain possible economic loss and pain and suffering.
Do this similar analysis to assess Prokrass’ negligence to Newberger.
Use facts and law in the case to support your analysis.
2. Read through the Trial of Socrates in Chapter 1, Meletus, Anytus and Lycon v. Socrates. Hypothetically, if family members of persons killed in the uprising by Criatis and Alcibiades sued Socrates for the death of their family member, how could they establish that Socrates’ negligence was the cause of their family members’ deaths? List out the four elements of negligence (duty, breach, causation and damages) and apply the facts and law of the Socrates case to this hypothetical.
3. If Socrates were to appeal his conviction, what provisions of the Constitution could he rely upon to overturn his conviction based on discussion of issues in Chapters 1 through 4?
4. What are the two basic forms of law in the United States? Describe each one in detail and elaborate.
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