Question: Write 2 seperate memorandums representing the fact patterns below: Fact Pattern 1 Bikini Bottom Construction employed two carpenters, Patrick Starr and Sandy Cheeks, who assisted
Fact Pattern 1
Bikini Bottom Construction employed two carpenters, Patrick Starr and Sandy Cheeks, who assisted in the construction of a downtown office building. Starr and Cheeks had previously been suspended by Bikini Bottom for a week after an argument with a group of electricians on the jobsite erupted into a fistfight. The construction project was behind schedule when a supervisor ordered Starr and Cheeks to pick up a load of roof trusses with the company truck.
At approximately 1:30 a.m. Starr and Cheeks were returning to the jobsite with a load of roof trusses when they stopped in the left-hand lane at a stop light. Squidward Tentacles, driving a Dodge Town and Country minivan, pulled up in the right-hand lane next to Starr and Cheeks. Starr began screaming vile and threatening obscenities at Tentacles, shaking his fist, and making obscene gestures in a violent manner. According to Tentacles, Cheeks revved the engine of the truck and moved the truck back and forth while Starr was threatening Tentacles. Tentacles claims that Starr threatened to remove him from his van and spat on his van door when the traffic signal turned green. Tentacles stated he was very frightened and thought Starr was under the influence of drugs or alcohol. Tentacles was able to write down the license tag number of the car. Starr stated he did not intend to scare, upset, or harm Tentacles, but "didn't really care" how he felt. He was trying to amuse his friend, who was laughing at his antics.
When the traffic Signal changed to green, both vehicles drove forward. According to Tentacles, after they had driven approximately 10 feet, Cheeks veered the truck suddenly into his lane, and he reacted by steering his van sharply to the right. Tentacles van struck the curb, causing his head to hit the steering wheel and snap back against the seat, after which he fell to the floor of the van. The collision was painful, but fortunately resulted in no physical injury such as a bruise or a laceration.
Tentacles has now filed suit against Bikini Bottom, claiming damages. Although Starr and Cheeks have said their only intent was to amuse one another, and they deny any intent to frighten or harm Tentacles, he claims that as a result of the incident he was "very, very frightened."
You are an associate with the firm that represents Bikini Bottom. Please evaluate the claim identifying each legal cause of action and citing the rule as we have learned it from our E-Text, Required Resources and Discussions.
Fact Pattern 2
The situation gets worse for Patrick. A week after the accident with Tentacles, Patrick Starr ("Starr"), was socializing in his home with Pearl Krabs ("Krabs"), an eighteen year-old female, and Larry Lobster ("Lobster"). The three spent the evening drinking beer and listening to music until the early hours of the morning. During the course of the evening, Krabs rejected advances made by Starr and she began flirting with Lobster. At approximately 4:00 a.m., Starr became angry at the rejection and ordered Krabs to leave the house. She left accompanied by Lobster. As the two departed, Starr went out onto the porch of his home and fired two shots. No one was injured by the shots.
Starr became concerned about Krabs and decided to look for her. He first drove to her grandmother's house where he encountered Krabs's boyfriend, Squilliam Fancyson ("Fancyson"). The two men then drove to the home of the victim, Krabs cousin S. Bob Squarepants ("Squarepants"). Squarepants was not home, but his girlfriend explained that he had driven Krabs and Lobster "down the road." Starr then drove away from the house, but saw Squarepants vehicle approaching and turned around and followed Squarepants into his driveway. Starr and Fancyson got out of their vehicle and Starr questioned Squarepants about Krabs's whereabouts. Squarepants first denied that he knew where Krabs was, but then admitted that he had driven Krabs and Lobster to a local motel. Upon hearing this, Starr returned to his truck and spun his tires in Squarepants driveway. Squarepants yelled at him to stop the truck. Squarepants then walked over to Starr's truck, pulled the driver's door open, and the two argued. During the argument, Squarepants pointed his finger at Starr and Starr slapped his hand away. Squarepants then struck or slapped him on the left side of the head. Starr testified that, upon being slapped, he saw a "blue flash," and his hand landed on a .22 caliber pistol that was lying on the seat of his truck. Starr grabbed the pistol and fired five shots into Squarepants, mortally wounding him. Squarepants fell to the ground. Then Starr backed his vehicle over Squarepants in his hasty attempt to leave the premises.
Starr then drove to his parents' home where he called 911 and advised the operator that he had shot Squarepants and requested assistance. He unloaded his pistol and waited at the kitchen table for the Bikini Bottom police to arrive. As an associate with the firm that represents Bikini Bottom Construction you have also been retained to represent Patrick Starr in this matter. Please evaluate the claim identifying each crime and citing the rule as we have learned it from our E-Text, Required Resources and Discussions.
Please keep in mind that you must submit your own work product and any work not your own must be properly cited in APA.
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