Bar Exam Prep helps in building organizational, analytical and writing skills of a student. These skills are then used for enhancing ability of students during their years in law school. Bar Exam Prep helps in preparing better for any bar exam.
Let’s view a question which will test your Bar Exam Prep:
In one of the local county prisons, four trustees were working very hard since morning and as usual went on a fifteen-minute break. (Here trustees refer to inmates at the prison who work together)
The correction officer who is also in charge of trustees had an unpleasant morning. He entered the recess room and started scolding them for being lazy and for giving poor work performance. His verbal reprisal included insults, scolding trustees and cursing them for being kind of people who avoid work. It lasted for about one and a half minute but trustees found it very much longer.
When he left, a trustee whose age was 71 and had never ever been in prison before became extremely ill. He was immediately rushed to nearby hospital, where he claimed to be having a cardiac arrest. He had very strong symptoms: all over pain in his body, difficulty in breathing, chest tightening. He was distraught and narrated the entire incident to the doctor with tears in his eyes.
The doctor conducted a few tests, after all results were negative; he concluded that the man suffered from anxiety attack and not cardiac arrest. He was asked to take rest. Nevertheless, the trustee remained perturbed. In spite of giving his best as a trustee, he was worried about losing his job, status and included benefits. He remained upset, but no follow-up was needed.
After a month when he was released, he sued the department and the C.O for intentionally inflicting emotional distress. Dismissal of case was filed by the defendants, in which they stated that there weren’t any legal damages. Will the lawsuit go forward or the judge will dismiss this case?
- Because there wasn’t any physical assault, the case will be dismissed by the judge. Harsh words must be accompanied with a threat to harm or assault physically for qualifying under intentionally inflicting emotional distress.
- The case will be dismissed by the judge. Despite the insults, berating and cursing, his anger lasted only for 90 seconds. This couldn’t have been considered outrageous and extreme even in a workplace like prison as it wouldn’t have been justified as damages done by intentionally inflicting emotional distress.
- He will let the case proceed. In reality, the unfounded insults and cursing were absolutely baseless and thus very outrageous as it was seen that any trustee/employee would be harmed and incredibly shaken by this experience.
- He will let the case proceed. There wasn’t any cause for the correction officer to emotionally damaging a man whose age is 71. He caused damage with his false accusations, which was reasonably known by C.O. would have happened after a reprimand like that. The C.O. acted intentionally causing a viable damage.
Bar Exam Prep Correct answer is #2
The case will be dismissed by the judge. Despite the insults, berating and cursing, his anger lasted only for 90 seconds. This couldn’t have been considered outrageous and extreme even in a workplace like prison as it wouldn’t have been justified as damages done by intentionally inflicting emotional distress.
The one-and-a-half-minute tirade cannot come to a level necessary for qualifying for intentionally inflicting emotional distress. Moreover, it is possible that the defendant might have inflicted emotional distress and the effect/reaction must have been severe on the trustee. There isn’t any proof that emotional distress was intentionally inflicted by the C.O, he was just having a rough/bad day. An outburst of this kind is not very uncommon at such workplaces, but if everybody sued their employer for steaming up the situation, then lawsuits will pack the courts. Courts cannot manage all such cases and therefore, will frown on the suits like this – until and unless attitude actually crosses the decency boundary.
So did you have the answer for this bar exam prep correct?
While concluding, I would like to add that be careful while analyzing questions during Bar Exam Prep because these can be a little complicated. I hope the above example helps in understanding the pattern and the way it had to be answered.