Scenario from the Sample Pages book referring the American Jurisprudence 2d

 

A man goes to a party and has several beers. He gets into his car to drive home, but he realizes that the alcohol has affected him, so he pulls off the road into a highway rest area and decides to take a nap to help him feel more alert. He parks his car and turns off the engine, leaving the keys in the ignition. He quickly falls asleep. He is awakened by a flashlight shining in his eyes, and a police officer knocks on the window. He is given a breathalyzer test and fails it, and he is charged with driving while intoxicated, even though his car was parked and he was asleep.

 

Analyzing facts:

Parties: persons of a particular class, occupation or relation;e.g, children,, collectors, heirs, or any person who is either directly or indirectly necessary to proper determination of the action

Places and Things:Objects necessarily must exist before any cause of action or dispute can arise;e.g., automobiles, sidewalks,derricks or garages are words describing the pace or thing which must exist before a cause of action alleging negligent use or defective condition can arise regarding them.

Basis of Action or Issue: some wrong suffered by another neglect of study; e.g.,loss (goods); some affirmative wrong-boycott, ejection, assault

Defense:some reason in law or fact why plaintiff should not recover;e.g., failure of consideration, act of God, assumption of risk, infancy

Relief Sought: the legal remedy sought;e.g., restraining order, restoration damages, annulment

 

 

I need to answer the following and this is what i have so far. I want to know if these are correct or if im misunderstanding something

 

Parties: the man that goes to the party, police officer.

 

Places and Things: alcohol, vehicle, vehicle keys, highway rest area, breathalyzer test

 

Basis of Action or Issue: reckless endangerment, driving while intoxicated

 

Defense: Although the man operated the vehicle while intoxicated, he had pulled off the road into a highway rest area when he realized the alcohol was affecting his driving. ( I have no clue if this is what they are asking for as far as the defense)

 

Relief Sought: possible suspension of driver’s license, fine, or jail time ( it doesnt state in the scenario what the relief sought is do i just assume that this is what it would be?)