Inferential Reasoning & Analysis Practice

This exercise gives you practice in matching facts to issues, engaging in inferential reasoning, and practicing analysis. It is not intended to follow the IRAC format for an essay. For the fact pattern, refer to Week 9 Inferential Reasoning & Analysis Practice - Fact Pattern under Resources.

Part I. EXAMPLE (review these as a model for Part II).

1. Example - Act element: Extreme and outrageous conduct[covered in video]

Conclusion: Darlene's conduct was extreme and outrageous.

Rule: Conduct is extreme and outrageous if it goes beyond all possible bounds of human decency. Conduct is extreme and outrageous if a reasonable person would regard the conduct as intolerable in a civilized community.

Identify the relevant facts:

Darlene, the lead photographer, ignored Petra's request (to not have her photo taken) and continued to snap photos. Darlene snapped Petra's photo, capturing her backside. Petra's picture was on display Petra's picture had been altered, and an elephant head had been placed over the back of her head. Darlene approached Petra in an elephant costume and shouted, "Don't you recognize me? It's like looking in a mirror!" Darlene shouted to another photographer, "Take her from behind! She like things from the back!"

Analysis:

Here, Darlene's conduct was extreme and outrageous because she ignored Petra's request to not have her photo taken and continued to snap photos, even when Darlene turned around. While photo-taking might not seem outrageous, here it was because an altered photo, putting an image of an elephant head over Petra's head, was posted publicly. Darlene is likely responsible for posting the altered photo because she is the lead photographer and then wore the elephant costume.

Moreover, Darlene further teased Petra by appearing in an elephant costume and commenting that looking at her (Darlene) must be like looking in a mirror, referencing Petra's photo with the elephant head and implying that Petra looks like an elephant. Not only was that insulting, but it was intolerable because the comment was made publicly and followed by a potentially obscene comment to "Take [Darlene] from behind! She likes it from the back!" That comment was extreme and outrageous because a reasonable person in a civilized society would find it intolerable that an employee on a cruise ship would go to such lengths to embarrass and harass a paying customer, particularly one who did no more than request that her photo not be taken. Thus, Darlene's conduct rises to the level of extreme and outrageous conduct.

Part II. YOUR TURN. (See instructions below.)

2. Darlene intended to cause Petra emotional distress or acted with reckless disregard of the probability that Petra would suffer emotional distress

Rule: The actor must act with intent or recklessness. There is intent if the actor desired or knew to a substantial certainty that her conduct would result in the consequences. The actor behaves recklessly if she acts with a conscious disregard of a likelihood that her actions will result in the consequences.

Identify the relevant facts:

Your analysis:

3: Darlene's conduct caused Petra's severe emotional distress.

Rule: Causation of severe emotional distress requires (a) causation and (b) severe emotional distress. Causation uses the substantial factor test, meaning defendant's conduct must be a substantial factor in causing the resulting emotional distress. In evaluating severe emotional distress, intensity and duration should be considered in determining whether a reasonable person would have suffered severe emotional distress.

Identify the relevant facts:

Your analysis:

Instructions

Include:

List of Facts & Analysis for elements 2 and 3 above

Notes:

- For Facts re: intent, you may create one list that covers both (a) intent and (b) recklessness.- For Facts re: causation of emotional distress, you may create one list that covers both (a) causation and (b) emotional distress.- For Analysis of intent, (a) intent, both purpose and knowledge, in a clear and organized way. If intent is clearly met on the facts, you may spend less time discussing recklessness.- For Analysis of causation of emotional distress, be certain to cover both (a) causation and (b) emotional distress in a clear and organized way.