Legal Research & Writing : Week of 5 February

• Anything you want reviewed must be sent prior to Thursday.
• Cite 5-8 cases.
• Do not address public policy issues in this memo (mention, maybe that it could come down to policy concerns, but do not analyze policy arguments).
• Immunity QP and BA:
  QP: ...available at the party, though not provided by the Trossens, and the possibility that they may have assisted and/or served guests.

  BA: ...depends on the definition of the word "procure." Courts have consistently interpreted this term broadly.

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  QP: Are party hosts immune from civil liability under WI social host immunity statute when they provide nonalcoholic mixers but welcome guests to bring alcohol?

  BA: The courts interpret the statute broadly finding adult drinkers liable as opposed to their hosts. The court would likely find that the Trossens actions as hosts met the definition of "procure."

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  BA: Under WI statute ___ adults who procure alcohol for other adults are immune from civil liability [say for what?]. WI courts have applied a broad definition of "procure" that will likely encompass the Trossens' actions.

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  Deb on Duty.

  QP: Under R2T 324A, did the Trossens assume a duty of care by promising party goers that they could stay if they drank too much, and then fail to exercise reasonable care by kicking Kipp off their property after he was intoxicated?

  BA: duty was created by voluntary offer in writing. R2T says a person has duty to use reasonable care necessary to protect others where he undertakes to render services when failure to do so increases the risk of harm.

• Don't need to touch on every issue that will come in the discussion in a QP.
• Keep duty and imunity separate. Be strict with yourself on this, because it's easy to mix.
• Say "under WI social host immunity statute" in QP: let the reader know what law you're concerned with.
• QP should include BYOB (not in those words).
• BA can have 3 sentences. Probably yes. WI courts define procure broadly. Court will likely find that Trossen actions fall under this definition.