BUS 071 San Jose City College Legal Writing Torts Exercise

At 7:30pm on October 31, Lucy Skywalker was driving her vehicle along a windy, unlighted stretch of road in a somewhat rural neighborhood with no sidewalks. It had rained most of the day but the sky cleared up later in the evening. There were cars parked sporadically along the roadside. As it started to get dark, Skywalker noticed children along the road ahead of her trick or treating; with many wearing dark clothes. She was cautiously driving down the road using her high beams as needed and she slowed down whenever she was unable to see clearly.

At one point she pulled over and stopped after Batman darted into the street. One of the parents waved in appreciation. As she watchfully resumed her driving, all of sudden Skywalker felt her car hit something so she immediately pulled over and exited her car to investigate. When she reached what she thought she had run over, she saw a child in a Darth Vader costume lying in the road. Darth Vader was severely injured. Darth Vader’s parents filed a civil law suit against Skywalker.

Outline your finding in this matter.

1. What is at issue here?

2. What rules of law govern?

3. Analyze the case using the facts and the rules.

• What are some key facts? Identify applicable rules.
• Weave facts and rules to prove or disprove claim

4. Conclusion? (What should happen?)