Please read the scenario and answer the questions to the best of your ability.

Provide an explanation for each vote.

Provide a citation for each vote. For example, If you find that criminal assault is an issue, you will cite it as “Criminal assault is an attempt to commit a battery or the deliberate placing of another in fear of receiving an immediate battery”, 6.2

The citations need to be from our text only, not Google or another internet source.

Provide a definition of the law you are citing.

Citations should be immediately following what your reference to the text with the chapter and the section number.

Reply to another group member’s vote.

Give reasons why you agree or disagree, but you do not need to use citations on your reply to another post.

The Boat Repair incident

Mark’s boat is usually docked at Ray’s Marine. They had a contract that every year the boat is to be inspected and painted. Last year, when Mark pulled the boat from the water for its annual painting, he discovered that the entire stern (back of the boat) was covered in barnacles because Ray had not painted that section of the boat. Mark asked Ray what happened and Ray said he did not need to paint the boat every year because it should last two years. He said there was nothing he could do. Mark was so upset that he took to boat to Waterman’s Wake to strip the barnacles and paint the boat. He told everyone at Waterman’s (and at the waterfront pubs) that Ray did not complete the work, did a terrible job, and was responsible for Mark having to pay additional fees at Waterman’s to have the barnacles removed before the boat could be painted. Ray has heard the statements from several other boat owners when they explained why they did not bring their boats to Ray’s to be painted this year.

After Ray heard ten of his former customers make the same statement, he went to Mark’s house, armed with his baseball bat. He told Mark to “take back his statements” or he would knock his head off of his shoulders. Mark said “no way, all the statements are true”. Ray became so angry that he swung the bat at Mark and barely missed his head, but hit his hand. Mark closed the door and called the police. Ray was arrested at his shop.

Ray was tried and convicted of assault with a deadly weapon in the criminal trial. He served 6 months in jail.

Ray is now suing Mark in Federal District Court for slander and disparagement. He says that Mark should not be allowed to get away with slandering him and hurting his business.

Mark has asked that the case be removed to the State Superior Court. He has filed a cross complaint for negligence against Ray and seeks compensation for the damage to his boat, cost of repairs and for assault. Mark was successful in having the case removed to the state courts. You have been chosen as a juror in this civil case. You have heard the evidence and now you need to vote. How do you vote on the following charges. Please explain to get your full points. Please respond to another juror to get the maximum points.

Answer the following questions:

1. How do you vote on Ray’s slander complaint? Why? Explain.

2. How do you vote on Mark’s negligence complaint? Why? Explain.

3. How do you vote on Mark’s assault complaint? Why? Explain.

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