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法学coursework代写:US legal system 考试(3)

时间:2019-04-22 14:27来源:未知 作者:anne 点击:
Analysis: (1) The whole of the Brothers claim is that Dr. Smith had violated the California Duty to Protect Statute, and was failing to warn his mother about potential physical violence from Steven in
      Analysis:
      (1) The whole of the Brother’s claim is that Dr. Smith had violated the California Duty to Protect Statute, and was failing to warn his mother about potential physical violence from Steven in advance.
      (2) Steven has communicated to Mr. Smith he was afraid he would kill his mother if he ever went to San Francisco. He has described the Golden Gate bridge story in details but the story was one of many stories about how Steven hated his mother. When Dr. Smith saw Steven’s Facebook posting, it does remind Dr. Smith about the story, but it does not necessarily constitute a signal of threat of physical violence. Because Steven has told Mr. Smith many stories about his childhood, and these stories might have also happened in San Francisco. 
  (3) Steven has said that “he stayed away from San Francisco because he was afraid that he would kill his mother”, these words were just an assumption rather than a decision that if Steven went to San Francisco he will kill his mother. So Dr. Smith cannot presume Steven would take physical violence against his mother. This kind of assumption was beyond Dr. Smith’s practice area. 
  (4) Dr. Smith is a Facebook friend of Steven, but he is not a Facebook friend of Brother and his mother. If Dr. Smith assured the physical violence would happen, he was supposed to take actions according to the California Duty to Protect statute, he can perhaps reach Brother and his mother via Steven’s Facebook. But there is no evidence showing that the physical violence was going to happen. 
  (5) While not assuming the physical violence was going to happen, there is no reason that the California court would find Dr. Smith liable under Section (a) of the California Duty to Protect statute.  
 
END OF EXAM


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