A customer, Tim Steel, came into the store and asks to look at watches. The stor

Question

A customer, Tim Steel, came into the store and asks to look at watches. The store clerk, Susie Sunshine, placed the watches on the counter and then look a phone call. Tim grabbed the tray of watches and run for the door. The store security guard, Bob Bruiser, wrestled Tim to the ground and punched him the face causing bruising. Bob then placed Tim in the office in the back of the store. Bob questioned Tim for about four hours. Then, he called police, and Tim was arrested. Answer the following questioned: 1. What crimes might the District Attorney allege against Tim? Make sure to explain the legal basis of each crime. 2. What tort claims might Tim bring against the store and Bob? Are there any defenses that the store and Bob can assert? 3. For the civil suit that Tim is bringing against the store, you can considering using Alternative Dispute Resolution (ADR) to resolve this dispute. What is ADR and what are some forms of ADR? Would you recommend that ADR be used by the management of Jewelry, Watches and Beyond to resolve this dispute? A customer, Tim Steel, came into the store and asks to look at watches. The store clerk, Susie Sunshine, placed the watches on the counter and then look a phone call. Tim grabbed the tray of watches and run for the door. The store security guard, Bob Bruiser, wrestled Tim to the ground and punched him the face causing bruising. Bob then placed Tim in the office in the back of the store. Bob questioned Tim for about four hours. Then, he called police, and Tim was arrested. Answer the following questioned: 1. What crimes might the District Attorney allege against Tim? Make sure to explain the legal basis of each crime. 2. What tort claims might Tim bring against the store and Bob? Are there any defenses that the store and Bob can assert? 3. For the civil suit that Tim is bringing against the store, you can considering using Alternative Dispute Resolution (ADR) to resolve this dispute. What is ADR and what are some forms of ADR? Would you recommend that ADR be used by the management of Jewelry, Watches and Beyond to resolve this dispute? 1. What crimes might the District Attorney allege against Tim? Make sure to explain the legal basis of each crime. 2. What tort claims might Tim bring against the store and Bob? Are there any defenses that the store and Bob can assert? 3. For the civil suit that Tim is bringing against the store, you can considering using Alternative Dispute Resolution (ADR) to resolve this dispute. What is ADR and what are some forms of ADR? Would you recommend that ADR be used by the management of Jewelry, Watches and Beyond to resolve this dispute?

Explanation / Answer

1. The District Attorney might allege the following crimes against Tim:
Attempted theft and if Tim had physically assaulted Bob then battery charges and possible assault.
Robbery and burglary cannot be held against Tim since there was neither any force nor breaking and entering.

2.TIm can can bring personal injury and battery claim against Bob and the store for being punched in the face - assertable defense
of moliter manus. The injury is a determinative and not a factor but if Bob kept punching even when Tim was subdued,
then it might get diffcult for the shop. 4 hours of detention makes the case worst against the shop and Tim can intiate
False imprusonment claim.
Shop and Bob can assert assertable defense of Shopkeeper's Privilege.

3.ADR cannot be used to cannot be used in this case because ADR is applicable only in case of conflict resolution.
Compensatory damages for torts committed by the shop on Tim.
Alternative Dispute Resolution is a type of procedure to settle disputes through concilation, mediation, negotiation or arbitation
without litigation. They are less costly.

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