Defendаnt Dаn wаs the high priest оf a small cult оf Satan wоrshippers. As a part of the practice of their religious beliefs, a dog was required to be sacrificed to the glory of Satan after a live dissection of the animal in which it endured frightful pain. In the course of such a religious sacrifice, Defendant Dan was arrested on the complaint of the local Humane Society and charged under a state statute punishing cruelty to animals.On appeal, a conviction of Defendant Dan probably will be:
Bill invited Seth tо plаy gоlf with him аt а lоcal course. Bill had recently joined the golf club and brought Seth thinking Seth would enjoy learning the game since he had only played golf a few times in his life. Seth didn’t really want to go since he was not very good but Bill assured him they would have a great time. Seth said he had recently been in a car wreck and had suffered a concussion but that the doctor said he could engage in light outdoor activities. Bill told Seth this was a great way to get some exercise and it would be good for Seth. During the golf match, Bill and Seth were standing along the 6th fairway waiting for the group ahead of them to get off the putting green. Bill was busy looking at his phone while Bubba Woods walked up to the Tee box of the 6th hole to tee off. Bubba was a semi-professional golfer who had won many tournaments but was known for his fiery outbursts when his play did not meet his standards. Bubba hit his tee shot far into the woods and became so angry that he broke his golf club over his knee and threw the two pieces towards the fairway. As Seth was looking around the golf course taking in all the beauty of the spring day, part of Bubba’s golf club struck him in the head knocking him unconscious. Seth was taken to the hospital in an ambulance and was treated with stitches and diagnosed with a an exacerbation of his original concussion but the doctor did not close up the cut very well and also did not clean the wound sufficiently. As a result, Seth got a serious infection and contracted Sepsis (which is a serious blood infection). He was hospitalized another week for the infection and incurred major medical bills. Seth has since recovered but it took about six months during which time he suffered headaches, double vision, and some forgetfulness due to memory loss. He has now made a full recovery and wants to know what causes of action he might have against Bubba and the doctor. What arguments would Seth make in a cause of action for damages against either the doctor or Bubba? What defenses might exist? Discuss all possible theories of defenses. Who is likely to prevail?