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The Case of the Daredevil Essay Paper Solution

The Case of the Daredevil
Order ID# 45178248544XXTG457 Plagiarism Level: 0-0.5% Writer Classification: PhD competent
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Sources: 4-6 Course Level: Masters/University College Guarantee Status: 96-99%

Instructions  

The Case of the Daredevil

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The Case

 

Evel Knievel was a motorcycle stuntman who had built an international reputation through decades of daredevil feats. He rode through fire walls, flew over rattlesnakes, set world records for blasting over 14 parked buses, and spent 30 days in a coma when his 151-foot jump over the fountains of Caesar’s Palace hotel came up a few feet short. The Smithsonian Institute honored his deeds, and he built a solid reputation as a community activist and advocate for young people, using his fame to promote anti-drug programs and motorcycle safety.

ESPN held an awards program honoring winners in extreme sports (skateboarding, surfing, and motorcycle racing), and photographed many attending celebrities. On its Web site, ESPN.com, the network featured photos from the event, including one that depicted Knievel with his right arm around his wife, Krystal, and his left arm around a young woman. The caption read, “Evel Knievel proves that you’re never too old to be a pimp.”

The Knievels sued for defamation, claiming that the word “pimp” subjected them to hatred, contempt, and ridicule, and caused several of Evel’s former clients to stop working with him.

 

The Trial

 

The issue according to the Plaintiff is whether reasonable viewers (and reasonable jurors) might consider the material defamatory. A pimp is a criminal, and a particularly disgusting one at that. The plaintiff could easily prove that Evel Knievel has never had anything to do with such revolting conduct.

The argument for ESPN was basically:   Lighten up. This is a web site for young, hip people who watch extreme sports, use contemporary language, and possess what is known as a sense of humor.  The term pimp was not intended as a criminal accusation, nor would any reasonable viewer take it literally.   It was intended as a joke.

Questions for Discussion

  1. If this is an intentional tort, what elements must be proved by Plaintiff?
  2. Does the Defendant have any defenses?
  3. If the Plaintiff wins, what might their damages consist of and what would be the basis for the calculations of those damages?
  4. Is anyone in addition to ESPN a potential defendant?

RUBRIC

Excellent Quality

95-100%

Introduction

45-41 points

The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.

Literature Support

91-84  points

The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.

Methodology

58-53 points

Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.

Average Score

50-85%

40-38 points

More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.

83-76  points

Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.

52-49  points

Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.

Poor Quality

0-45%

37-1 points

The background and/or significance are missing. No search history information is provided.

75-1 points

Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.

48-1 points

There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met

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