Posted: November 19th, 2022

Access Now, Inc v Town of Jasper, Tennessee, 268 F Supp 973

Access Now, Inc v Town of Jasper, Tennessee, 268 F Supp 973

Below are the instruction my Professor Provided

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As instructed in the Syllabus and in eCollege, you must send an email to me requesting a case to brief. I will then provide you with a case cite. A point of instruction is warranted prior to your embarking upon your case brief project. You will probably note some significant differences between the case you have been assigned and the cases in the textbook. The cases in the textbook have been edited so that they present only the issues, judicial reasoning and decision on the substantive law related to the chapter of study. Your case brief may contain procedural law issues or tangential questions (do not brief those points). To prepare a proper brief you must first ascertain the substantive law discussed in the case, i.e. contract, tort, etc. and then develop your brief around those issues. The operative word is “brief” – so don’t be verbose; yet present it in a manner and format which is easy to read and conveys the essence of the facts, reasoning and ruling. Now for some assistance - Finding Case:

Finding your case is part of the exercise, however - For a little tech help:

How to find cases online:

I've created a step-by-step procedure on how to locate cases in Westlaw.

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First start at the library homepage at http://www.tamuc.edu/library/ .

Next click on the link that says "Find"; then click on the link that says “Databases”

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A new menu will slide out. At the top, you will see a link that says "A-Z Database List: All", click on the “W” link. A new page will open with the W list. 

Scroll down the list column on the left until you find a link to a database called "Westlaw Next (tm)." Click on it.

You will be assigned with the citation for your case – such as “702 F.2d 333” (you must request your case via email to me after completing the second exam). In this example it means that it is in volume 702 of the Federal Reporter 2nd Series beginning on page 333. Your case may be in the Federal Reporter, Federal Supplement, Southwestern Reporter or the Supreme Court Reporter or another state reporter.

At the top of the page should see a box and in the box it should say "Enter terms, citations, databases, anything …" In that box below type in your citation, such as the example of 702 F.2d 333. Click on the orange button to the right of the box in which you have typed in your citation.

Your case will come up. In order to print out the case you will need to right click where the little envelope icon is located. A dialogue box will drop down. Click on the print option and you should be able to print out the case.

I would strongly suggest that you wait until after the second exam to actually begin work on your case brief as it will take such time in order for you to be seasoned enough to be able to recognize the issues, explain the reasoning of the court and opine on the decision. I will be providing a further email on the actual writing of the case brief. You may request your case by sending me an email to that effect.

The following link will further elucidate the process:

https://tamuc.libguides.com/mgt301

Here is a web site on case briefing for those who desire to see examples and learn further intricacies of the process

http://www.lawnerds.com/guide/briefing.html

Here is an example of an erudite and succinct case brief:

Talmage v. Smith, 101 Mich. 370, 45 Am. St. Rep. 414, 59 N.W. 656 (Mich. 1894).

Facts: Talmage (P) and several other children were playing on the roofs of sheds on Smith’s (D) property. Smith ordered the children to get down and threw a stick at one of the boys. The stick missed its intended target and struck Talmage in the eye. Talmage lost all sight in the eye and sued for battery to recover for personal injuries.

Evidence was offered showing that Smith threw the stick intending to frighten (i.e. assault) but not hit a different boy. The trial court entered judgment for Talmage and Smith appealed on the grounds that he did not have the intent to hit Talmage and was therefore not liable for battery.

Issue: If an actor intends to inflict an intentional tort upon one party and accidentally harms a second party, can the actor be held liable to the second party for battery?

Holding and Rule: Yes. If an actor intends to inflict an intentional tort upon one party and accidentally harms a second party, the actor can be held liable to the second party for battery under the doctrine of transferred intent.

If an actor intends an act against a party and that act impacts upon another the actor is liable for the injuries suffered. The fact that the injury resulted to a party other than was intended does not relieve the defendant from responsibility. Smith will not be relieved of liability because he intended to injure someone else.

Disposition: Affirmed.

Effect on Business and Society: The transferred intent torts under common law are: assault, battery, false imprisonment, trespass to land, and trespass to chattels. If an actor has the intent to commit any of the transferred intent torts, the actor will be liable for all other transferred intent torts that result from that act. The actor’s liability extends to all parties harmed, not merely the original intended victim.