Module 6 Discussion

The Discussions in this course include several components. You may not be able to address all of

these topics in a single post. You will need to return to the Discussion several times to weigh in on the

topics. Please make sure you do so as part of both original posts as well as in replies to your

colleagues. Both are great places to introduce new information, opinions, links, etc., and both are

equally important.

As you learned in the Anatomy of a Torts case presentation in the first semester, civil lawsuits,

including those based on tort, are started in court by filing a complaint. The complaint must assert one

or more valid legal claims. A valid legal claim means that it asserts the legal elements of the claim and

asserts facts to show that each element is met. If the complaint does not assert a valid legal claim, the

defendant may file a motion to dismiss the complaint.

A defendant can also raise defenses to the legal claims in the complaint when they file an answer to the

complaint. These defenses include the defenses you have recently learned about, such as

comparative/contributory fault, assumption of the risk, and immunities.

In this Discussion, you are part of a team of attorneys that is representing a defendant in a case where

a complaint has been filed. The goal of the team is to develop the best approach possible to respond to

the complaint. The team needs to determine if the complaint asserts valid legal claims and, if it does

not, the best arguments for why it does not so that the defendant can file a motion to dismiss.

Understand that your focus should be only on the sufficiency of the complaint, not arguments that

ultimately will be made at trial.

It also needs to determine what defenses should be asserted by the defendant in its answer to the

complaint. The team wants to determine the best defenses to assert even if it files a motion to dismiss,

in case the court denies the motion to dismiss.

Your task is to contribute to this team goal by participating in a collaborative discussion with your

classmates in a professional manner on the Discussion Board. You must make your own contributions

to the team's decision as well as assist or support your classmates in their contributions and do so in a

manner that demonstrates courtesy, respect, and professionalism.

To complete your Discussion, you will make a minimum of two posts. Follow these

steps to do so: Step One: Review the complaint.

Step Two: Answer the following questions within a post on the Discussion:

1. Should the defendant file a motion to dismiss, arguing that the complaint does not assert a

valid claim for negligence? Why or why not?

a. If you answered yes, what are the best arguments to establish that the complaint does not

assert a valid legal claim for negligence?

b. If you answered no, what are the best arguments to establish that the complaint does assert

a valid legal claim for negligence?

2. What defense(s) should be asserted by the defendant, and why should those particular

defenses be asserted?

In answering these questions, you may assume that State X, where the complaint was filed,

follows a comparative negligence approach. You may also assume that there is a statute that

waives immunity for negligence claims against state and municipal governmental entities and

follows the discretionary function and ministerial acts distinction noted in the presentation and

your assigned reading materialsStep Three: After you post your response to those questions, review one of your classmate's posts

that answers those same questions and respond to it with a separate post on the Discussion.

Your second post should assist or support your classmate's contribution to the discussion to help

the team make a decision. You can do this by one of the two options below. Your post only needs

to address one aspect of your classmate's original post. In other words, it just needs to address

the arguments for the motion to dismiss, or which defenses should be asserted. It does not have

to address both parts of the post.

1) Similar Argument

a. b. Find a post that suggests using similar arguments to dismiss the case or raising similar

defenses as your post but includes some different points or reasons that your answer

does not include.

Discuss how those different points or reasons demonstrate why the team should take

certain actions, make certain arguments, or raise certain defenses; or

2) Different Argument

a. b. Find a post that suggests using different arguments to dismiss the case, or raising

different defenses, as compared to your post.

Discuss what actions the team should take in light of the information in your classmate's

post.

i. Should the team use these different arguments, or defenses, and follow this

different approach?

ii. Should the team follow your suggestions in your post instead?

iii. Should the team use an approach that combines parts of both posts?

Be sure to explain your reasoning as part of your answer. Remember that your goal with this second

post is to collaborate with your classmates in a professional manner and contribute to team goals and

objectives, which are to develop the best approach possible to respond to the complaint, so your post

must be targeted towards assisting or supporting your classmates post in order to help the team make

the best decision, and you must do so in a manner that demonstrates professionalism and treat your

classmate's ideas and different viewpoints with respect and courtesy.

This Discussion addresses the following Cou

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In this Discussion, you are part of a team of attorneys that is representing a defendant in a case where a complaint has been filed. The goal of the team is to develop the best approach possible to respond to the complaint. The team needs to determine if the complaint asserts valid legal claims and, if it does not, the best arguments for why it does not so that the defendant can file a motion to dismiss. Understand that your focus should be only on the sufficiency of the complaint, not arguments that ultimately will be made at trial. It also needs to determine what defenses should be asserted by the defendant in its answer to the complaint. The team wants to determine the best defenses to assert even if it files a motion to dismiss, in case the court denies the motion to dismiss. Your task is to contribute to this team goal by participating in a collaborative discussion with your classmates in a professional manner on the Discussion Board. You must make your own contributions to the team's decision as well as assist or support your classmates in their contributions and do so in a manner that demonstrates courtesy, respect, and professionalism. To complete your Discussion, you will make a minimum of two posts. Follow these steps to do so: Step One: Review the complaint. Step Two: Answer the following questions within a post on the Discussion: 1. Should the defendant file a motion to dismiss, arguing that the complaint does not assert a valid claim for negligence? Why or why not? a. If you answered yes, what are the best arguments to establish that the complaint does not assert a valid legal claim for negligence? b. If you answered no, what are the best arguments to establish that the complaint does assert a valid legal claim for negligence? 2. What defense(s) should be asserted by the defendant, and why should those particular defenses be asserted? In answering these questions, you may assume that State X, where the complaint was filed, follows a comparative negligence approach. You may also assume that there is a statute that waives immunity for negligence claims against state and municipal governmental entities and follows the discretionary function and ministerial acts distinction noted in the presentation and your assigned reading materialsStep Three: After you post your response to those questions, review one of your classmate's posts that answers those same questions and respond to it with a separate post on the Discussion. Your second post should assist or support your classmate's contribution to the discussion to help the team make a decision. You can do this by one of the two options below. Your post only needs to address one aspect of your classmate's original post. In other words, it just needs to address the arguments for the motion to dismiss, or which defenses should be asserted. It does not have to address both parts of the post. 1) Similar Argument a. b. Find a post that suggests using similar arguments to dismiss the case or raising similar defenses as your post but includes some different points or reasons that your answer does not include. Discuss how those different points or reasons demonstrate why the team should take certain actions, make certain arguments, or raise certain defenses; or 2) Different Argument a. b. Find a post that suggests using different arguments to dismiss the case, or raising different defenses, as compared to your post. Discuss what actions the team should take in light of the information in your classmate's post. i. Should the team use these different arguments, or defenses, and follow this different approach? ii. Should the team follow your suggestions in your post instead? iii. Should the team use an approach that combines parts of both posts? Be sure to explain your reasoning as part of your answer. Remember that your goal with this second post is to collaborate with your classmates in a professional manner and contribute to team goals and objectives, which are to develop the best approach possible to respond to the complaint, so your post must be targeted towards assisting or supporting your classmates post in order to help the team make the best decision, and you must do so in a manner that demonstrates professionalism and treat your classmate's ideas and different viewpoints with respect and courtesy