BUS211 Waldorf University Jones Vs Kappa Alpha Business Law Paper

Question Description

As the Judge, you have already decided that Omicron Kappa Psi acted negligently when it provided excessive alcohol to Ezmerelda. That decision, however, does not end the dispute. You must now decide whether, despite the sorority’s negligent conduct, Ezmerelda assumed the risk of what occurred. If she did, Mr. Diaz will lose his lawsuit against the sorority.

Everything you need to know is in the file. Scroll to the bottom to see the exact requirements.

  1. 12-point font.
  2. paper margins be 1-inch all around.
  3. paper must be double-spaced
  4. paper must be at least 4 full pages

https://caselaw.findlaw.com/al-supreme-court/1284001.html – James Jones v. Kappa Alpha Order

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Ballou v Sigma Court of Appeals of South Carolina. Sanford Ballou, Administrator of the Estate of Lurie Barry Ballou v. Sigma Nu General Fraternity Decided Dec. 1, 1986. In this action for wrongful death, the [defendant] Sigma Nu General Fraternity (Sigma Nu) … appeals from a jury verdict in favor of the [plaintiff] Sanford Ray Ballou (Ballou), the administrator of the estate of his son, Lurie Barry Ballou (Barry). We affirm. Barry pledged the local chapter of Sigma Nu at the University of South Carolina during the 1979 fall semester. He remained a pledge throughout the fall semester. Sigma Nu’s pledging process at the University traditionally ended the first week of the spring semester, a week referred to by pledges and active brothers alike as “hell week.” An informal initiation party called “hell night” concluded hell week. Attendance at hell night was mandatory for all pledges. The local chapter scheduled its hell night for the evening of January 24, 1980, and told its pledges, nineteen in all, to be at the fraternity lounge at a certain hour. The pledges understood, according to Sigma Nu pledge James Graham, that they “would be pretty much expected to do a good bit of drinking.” Indeed, Barry himself expected to get “bombed.” Before leaving to participate in hell night, Barry ate a large dinner at his apartment. Barry and Graham arrived at the fraternity house between 8:00 and 9:00 o’clock and met with the other pledges in an upstairs room where they remained for approximately fifteen to forty minutes. From the upstairs room, the pledges went downstairs into a lounge area of the fraternity house. There, an active brother told all the pledges to strip down to their underwear and to line up. Active brothers then led the pledges one by one into the fraternity’s barroom. Once inside, an active brother asked the pledge a question. After the pledge 2 answered it, an active brother handed him, as described by Graham, a “goblet-shape[d],” “trophy-type cup” called the “cup of truth.” It contained an unknown mix of intoxicating liquids of undisclosed alcoholic strength. The pledge, Graham testified, was “expected to chug a certain portion” of the cup of truth’s contents. Sometimes, the active brothers applauded if a pledge drank all the liquid in the cup; however, if he drank only a small amount, the active brothers ridiculed him or “poked fun” at him. As additional pledges were led into the barroom, other active brothers seated the pledges who had been examined and had drunk from the cup of truth against the wall in another room. The active brothers gave the pledges bottles of beer, wine, or liquor and asked them to drink it. They also passed around for the pledges’ consumption what appeared to be cans of soft drinks. The cans actually contained more alcohol. At one point, Graham was handed a bottle of bourbon and refused to drink it. An active brother, however, insisted that he do so. When Graham drank only a small amount, the active brother suggested that “maybe [Graham] was a wimp” or he questioned Graham’s “masculinity.” Thereafter, when all the pledges were together, active brothers shook cans of beer and soft drinks and sprayed the pledges as they sat in a circle on the floor, sang fraternity songs, and consumed additional alcohol given them by active brothers. One song that they sang, entitled “I Drink to Sigma Nu” and taken from the Legion of Honor, a Sigma Nu publication, urged, “Drink! Drink! Drink! Men brave and true. Drink! Drink! Drink! To our Sigma Nu.” Following this, active brothers required the pledges to play games called “flood” and “air raid.” These games required the pledges either to stand on their tip toes or to fall to the floor, now soaked with soft drinks, beer, wine, and liquor. When all the pledges were wet, active brothers required the pledges, who were still clad in their underwear, to run to another fraternity house nearby where a party attended by coeds was being held. The pledges subsequently returned to Sigma Nu’s house. By now, most of them, Barry included, were very intoxicated. In fact, Barry vomited “right outside the front door” to the fraternity house. Several pledges then went upstairs and soaped and wet down a hallway. For about fifteen minutes, they slid up and down it. By 10:30 p.m., Barry and three other pledges had passed out. Barry lay on a couch in the fraternity lounge. Graham and three active brothers checked on Barry shortly before midnight. Barry’s pale color and his lack of responsiveness concerned them. Although the four discussed taking Barry to the infirmary, they left him lying face down and unconscious on the couch. A pledge who lived in the fraternity house placed Barry in this position because he feared Barry, if he remained on his back, might vomit and suffocate. The following morning an active brother found Barry dead. An autopsy revealed that he died from “acute alcohol intoxication with a terminal aspiration of [his] gastric contents.” His blood-alcohol level read 0.46%. He was 20 years old. Investigating officers discovered numerous whiskey bottle caps, beer cans, and wine bottles inside the fraternity house. They found broken liquor bottles outside the building. Had Barry been removed to the infirmary or to a hospital, the higher level of treatment that would have been available would have afforded a greater “potential for success” in preventing Barry from aspirating his gastric contents. Barry’s father subsequently filed this action against Sigma Nu …. Among other things, Ballou alleged that his son “was forced by harassment and psychological manipulation to consume enormous quantities of alcoholic beverages.” The jury returned a verdict against Sigma Nu in the amount of $200,000 actual damages and $50,000 punitive damages. I. Sigma Nu contends that the record contains no evidence of actionable negligence on its part and that the trial judge, therefore, committed error in denying its motion for judgment notwithstanding the verdict. The duty of exercising care to protect another person against injury may be created by contract or by operation of law. See Griffin v. Blankenship, 248 N.C. 81 (1958). In South Carolina, our Supreme Court has determined that a fraternal organization owes a duty of care to its initiates not to cause them injury in the process. See Easler v. Hejaz Temple of Greenville, 285 S.C. 348 (1985) (wherein the court viewed the manner in which an unincorporated association conducted part of its initiation ceremonies as hazardous and constituting actionable negligence). The evidence reasonably suggests that Sigma Nu required Barry to attend hell night as part of its initiation process and that on hell night Sigma Nu through its active brothers created a hazardous condition by hazing him and the other pledges, plying them with dangerous quantities of alcoholic liquors and beverages over a short period of time, and pressuring them to consume these intoxicants to excess. The evidence reasonably suggests also that, after Barry became helplessly drunken as a result of consuming an excessive amount of the alcohol so furnished him, members of Sigma Nu became aware of his perilous condition but did not afford him the assistance his condition demanded. … III. Sigma Nu … contends that the … the only reasonable inference to be drawn from all the evidence is that Barry assumed the risk of injury to himself by consuming enormous amounts of alcohol. We disagree. The trial court may declare that the plaintiff assumed the risk … where it clearly appears either that the plaintiff had knowledge of and appreciated the danger or that the danger was so obvious or apparent that knowledge should have been imputed to him. As we view the evidence in the instant case, Barry voluntarily assumed the risk of the dangers imposed by a situation involving verbal and physical hazing and consumption of alcohol to the point of intoxication; however, he did not as a matter of law freely and voluntarily with full knowledge of its nature and extent incur the risk of the dangers created by Sigma Nu’s action of promoting extreme intoxication. Although Barry may have been aware that he was participating in an activity involving a great deal of drinking, … at some point Barry’s further drinking no longer constituted deliberate drinking with knowledge of what [was] being consumed, so that the result [was] deliberately risked. … Accordingly, the judgment below is affirmed Business 211 Date __________________ Response to Question 1 (a) (b) Response to Question 2 (a) (b) Response to Question 3 Response to Question 4 YOUR ASSIGNMENT As the Judge, you have already decided that Omicron Kappa Psi acted negligently when it provided excessive alcohol to Ezmerelda. That decision, however, does not end the dispute. You must now decide whether, despite the sorority’s negligent conduct, Ezmerelda assumed the risk of what occurred. If she did, Mr. Diaz will lose his lawsuit against the sorority. Although the Supreme Court of the State of Clarita has clearly explained the law of “assumption of the risk,” the courts of the State of Clarita have never decided how the “assumption of the risk” law applies in a case involving “hazing,” such as that Ezmerelda experienced. Therefore, you must read two cases from other states – ​Jones vs. Kappa Alpha and ​Ballou vs. Sigma Nu – and answer the following questions. 1. With regard to ​Jones v. Kappa Alpha , please (a) explain (in your own words) the law that the court used to reach its conclusion and (b) describe the key facts that the court used to reach its conclusion. ​(Do not simply re-type large excerpts from the court’s decision. You may use short quotations but you should primarily discuss the court’s decision using your own words.) 2. With regard to ​Ballou vs. Sigma Nu , please (a) explain (in your own words) the law that the court used to reach its conclusion and (b) describe the key facts that the court used to reach its conclusion. ​(Do not simply re-type large excerpts from the court’s decision. You may use short quotations but you should primarily discuss the court’s decision using your own words.) 3. Explain whether you believe that the courts in ​Jones and ​Ballou reached the “correct” results in those cases given your understanding of the “assumption of the risk” defense? Why or why not? ​(This question does not ask for your personal opinion regarding the “right” or the “wrong” outcome. Instead, it asks whether the courts ​applied the law correctly in those cases.) 4. Use the State of Clarita’s law of assumption of the risk (provided above), and the cases of ​Jones v. Kappa Alpha and ​Ballou v. Sigma Nu , to explain if Ezmerelda “assumed the risk” of what occurred. ​(You must fully explain the details of the ​logic​ you use to reach your conclusion. Recite the specific facets of the law on which you rely and how specific facts in the Diaz v. Omicron​ lawsuit support your thinking. Do not write to me, the professor, but rather assume that the person reading your answer has no prior knowledge of the facts of the case or the law. Do not simply reach a conclusion without explaining it. The point of this exercise is to clearly explain your logic to the reader.) ASSIGNMENT RULES Doing well on this assignment requires that you follow these assignment rules carefully. I recommend that you read the facts of this case, the State of Clarita’s law of “assumption of the risk,” and the two decisions (​Jones carefully so that you completely understand them. and ​Ballou ) very slowly and 1. You must respond ​separately​ to each of the questions above. You must number​ each of your responses to correspond to each numbered question. 2. 3. 4. 5. 6. 7. Click ​HERE for a brief sample. You must use college-level English in your writing. Thus, your paper cannot contain spelling, punctuation, style, or grammar errors. You must appropriately use paragraphs. Spelling, punctuation, style, and grammar will constitute a significant percentage of your score so please focus on those issues when writing. ​You should proofread your responses at least three times​. I recommend reading your responses aloud. Ears will often identify errors that eyes miss. I also recommend asking a friend, family member, or fellow student to proofread your paper. Finally, please use your word processing software’s spelling and grammar correction features. Technology has eliminated excuses for spelling mistakes. You must submit your assignment in Microsoft Word format. You must use 12-point font. Your paper margins be 1-inch all around. Your paper must be double-spaced. Your paper must be at least four ​full​ pages but cannot exceed six pages. Papers outside this page range – however slight – will lose 25% automatically. Do not lengthen your paper through inappropriate indentation, irrelevant headings, or needless white space. I will consider such inappropriate indentation and spacing when determining page-length compliance. INTRODUCTION For purposes of this assignment, you are a Judge of the State of Clarita. As a Judge, you must decide a legal question surrounding the fictional case of a young woman, Ezmerelda, who died from alcohol poisoning shortly after a “hazing” incident at the University of Clarita. Ezmerelda’s father – Eduardo Diaz – has filed a lawsuit against the sorority that conducted the “hazing” alleging that the sorority acted negligently. The lawsuit is titled ​Diaz v. Omicron Kappa Psis​ orority. FACTS OF THE CASE OF ​DIAZ v OMICRON KAPPA PSI In the fall semester of 2018, Ezmerelda successfully transferred from Newhall College to the very prestigious University of Clarita. Ezmerelda was 21 years old and transferred into the university with junior status. She majored in biology and hoped to one day attend medical school. Ezmerelda was an outstanding student and very excited to begin her new college experience at such a well-regarded institution. Although Ezmerelda had no friends at the University of Clarita, she made friends easily and was not worried about finding new ones. During the University of Clarita’s “Welcome Week,” Ezmerelda visited a recruiting table in the middle of campus set up by Omicron Kappa Psi, a large and well-regarded national sorority. The sorority members who staffed the table were very friendly and welcoming to Ezmerelda. They showed her pictures of their large and luxurious sorority house, which was only a short 5-minute walk from campus. They bragged about the sorority’s high grade-point-average and the importance that the sorority placed on its members’ academic achievements. They also told Ezmerelda about the incredible parties and social events that the sorority hosted for its members. Ezmerelda viewed many photos of beautiful and diverse young women laughing and having fun at a wide variety of sorority functions from homecoming dances to swimming pool parties. The sorority members explained to Ezmerelda that, if she wanted to join the sorority, she would be required to learn about the sorority’s history and values during a so-called “pledge” semester. Once the pledge semester ended, the sorority sisters would decide whether to admit Ezmerelda for full membership. The sorority members invited Ezmerelda to a “Back to School” party that evening at the “Omicron” house so that Ezmerelda could better determine if she wanted to become a sorority “pledge” (a “pledge” describes a prospective sorority sister who has not yet achieved full membership). Ezmerelda arrived at the Omicron house party at about 10:15 p.m. that night. The house was already packed with University of Clarita students and the music was blaring through the neighborhood. Ezmerelda saw many of the party guests drinking beer, cocktails, and other unknown drinks. Shortly after arriving, two of the sorority sisters who Ezmerelda met earlier in the day greeted Ezmerelda and showed her around the house. The two women were very nice to Ezmerelda, complimented her looks, and offered her a “U of C Blast,” which was a specially-made “drink of the house.” Ezmerelda knew that the “Blast” contained alcohol but, since she was legally entitled to drink, she sipped the Blast without any hesitation. Ezmerelda had consumed alcohol before but only in small amounts. As the evening continued, Ezmerelda became “buzzed” off the Blast and met many of the Omicron sorority sisters and their friends. Ezmerelda left around 1:30 a.m. She was in a great mood because she’d had a lot of fun at the party. As she walked to her dorm room, Ezmerelda decided that she would “pledge” the sorority. As an Omicron “pledge,” Ezmerelda spent a lot of time at the sorority house in the fall semester studying, attending social events, and just spending time with the sorority members and other pledges. She became close friends with many other girls and never missed the sorority’s Friday night “beer bash” parties at which the sorority members, their friends, and a lot of men from neighboring fraternities partied and drank a lot of alcohol. Although the parties were often fairly rowdy and wild, Ezmerelda never became drunk nor felt pressured to drink to excess. She did, however, often witness other party guests (including sorority sisters) getting very drunk, occasionally to the point of vomiting and passing out on the front lawn. Toward the end of the semester, the Omicron members told Ezmerelda that to become a full sorority member she would be required to attend a special ceremony for the pledges called the “OKP Forever” night. The “OKP Forever” ceremony would be conducted at the Omicron house the Saturday night before finals week. The sorority sisters did not tell Ezmerelda much about the ceremony except that she should wear loose clothing that she did not mind getting dirty. Ezmerelda told two other “pledges” that she was both excited and little bit apprehensive about the “OKP Forever” ceremony. Ezmerelda arrived at “OKP Forever” night wearing old jeans and a t-shirt that she didn’t much like. As soon as she walked in the front door of the sorority house, Ezmerelda smelled a strong combined odor of marijuana and beer wafting throughout the sorority house. Music was blaring and people were walking around laughing and talking. Three of Ezmerelda’s friends met her at the door and took her to an upstairs bedroom where Ezmerelda’s four fellow “pledges” were already waiting. The five “pledges” sat in the bedroom nervously for approximately 30 minutes until the sorority president arrived. The sorority president explained that the pledges were to be taken to different bedrooms in the house and questioned separately about sorority history and other bits of sorority trivia. The pledges would be required to take one shot of Jagermeister – a potent alcoholic beverage – for each of the 30 questions that they answered incorrectly. Once that was finished, the five pledges were to be driven outside of town to a remote camping area (without cell phones), given a map, and would be required to find their way back to the sorority house without any outside assistance. If they returned to the house in at least 8 hours without assistance, they’d be admitted as full sorority members. If they were unable to return the house within the 8 hour time limit, their time with the ​Omicron Kappa Psi​ sorority would be completely finished. For the next 90 minutes, Ezmerelda was questioned about sorority history and traditions in one of the sorority house’s bedrooms by five sorority members. She answered 18 questions correctly and consumed 12 shots of Jagermeister – one for each wrong a …

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