Exam 9: Analogy and Legal and Moral Reasoning

Lydia is a history major, but Connie is a biology major.

Connie discovers four biology majors who took professor Langley's course in Italian Renaissance history. All four spent a year taking courses in Florence, Italy.

Judy loads her dishwasher in a helter-skelter manner, whereas Jasper loads his in an orderly way, ensuring proper separation between the plates, bowls, and utensils.

Morgan discovers 6 acquaintances who bought Goodmonth XK-1 tires. All drive different model cars.

Judy's dishwasher has a stainless steel front panel, while Jasper's is almond colored enamel.

Judy changes her conclusion to state that she will get results almost as good as Jasper's.

Connie doesn't take class notes as well as Lydia does.

Analogy and Legal Reasoning Rachel Paulson, an elderly woman with no living relatives and few close friends, lived in a small house with her longtime friend and constant companion Terri, a loveable Yorkshire terrier. One day she brought Terri into a veterinary clinic for a rabies booster. Dr. Curtis, the veterinarian on duty, had just returned from a three martini lunch, and, in place of the rabies vaccine, he negligently injected Terri with a lethal drug used to euthanize sick and dying animals. Terri died as a result of the injection. Paulson then filed suit against Curtis for the wrongful death of Terri, asking the court to award her damages for loss of companionship and emotional distress. There are two controlling cases in this jurisdiction: Maggie's Pets v. Healthy Treats, Inc. Maggie ran a pet store that offered a large number of cats and dogs for sale to the public. One of the pets was Posie, a toy poodle whom Maggie was particularly attached to. As a result of her fondness for Posie, Maggie was stricken with grief when Posie died after having been fed contaminated food made by Healthy Treats, Inc. Maggie filed suit against Healthy Treats for the wrongful death of Posie, and she asked the court to award her damages for loss of companionship and emotional distress. The court ruled against Maggie, holding that Posie was merely her personal property. As a result, Maggie was entitled to recover only what she would have received had she succeed in selling Posie to a customer. Sanders v. Kinderclinic. When Mr. and Mrs. Sanders brought their six-month-old boy Tyler into the Kinderclinic for a check-up, the physician who examined him negligently used a stethoscope that was contaminated with a lethal staph bacterium. As a result, Tyler was infected with the bacterium, and he eventually died from the infection. Tyler's parents sued the clinic for wrongful death. The court found in favor of the parents, awarding them damages for loss of companionship and emotional distress. Construct two arguments, one supporting Paulson, the other supporting Curtis.

Goodmonth recently hired a new Chief Financial Officer.

Morgan and Ashley drive the same model car.

Morgan drives aggressively, but Ashley drives conservatively.

Judy uses a different kind of soap than Jasper uses.

Judy has five other friends who bought Kitchen Maid dishwashers. All these friends bought a different model from the one Judy and Jasper bought.

Judy has five other friends who bought Kitchen Maid dishwashers. All these friends are elementary school teachers.

Connie is at least as bright as Lydia.

Ashley does most of her driving on city streets and freeways, whereas Morgan drives mostly on country roads.

Analogy and Legal Reasoning Bob Wilson enjoyed spending time relaxing in the heated spa situated in the back yard of his home. On a couple of occasions he noticed his next door neighbor's four-year old boy, Greg Adams, staring at him through the fence that separated the two yards. One afternoon, while Bob was away at work, and without Bob's permission, Greg climbed the fence, removed the cover from the spa, jumped in, and drowned. Mr. and Mrs. Adams filed suit against Bob for failing to install a lock on the lid of the spa. There are two controlling cases in this jurisdiction: Andrews v. Lewis: While Lewis's home was being remodeled, Andrews was walking in the neighborhood when he noticed the front door of Lewis's home was wide open. Andrews entered the home for the purpose of stealing some of the contractor's tools, but while inside he fell through a hole in the floor that had been covered with tar paper. Andrews, who suffered injury, sued Lewis for maintaining a hazardous condition on the premises. The court ruled in favor of Lewis, noting that Andrews was a trespasser. Garrison v. Fashion Stores: While Mrs. Garrison was shopping at one of the defendant's stores, her five-year-old boy Roger left her side for a few minutes to play on the escalator. Roger was injured by a broken tread. Mrs. Garrison sued the store, and the court found in her favor, noting that the store had a duty to inspect the escalator and take precautions to ensure the safety of the shoppers. Construct two arguments, one supporting Wilson, the other supporting Adams.

Morgan discovers 6 acquaintances who bought Goodmonth XK-1 tires. All got 50,000 miles of use.

Morgan's car is blue, but Ashley's is silver colored.

Judy has five other friends who bought Kitchen Maid dishwashers. All these friends' dishes always come out sparkling clean.