Vocabulary of the Law: Desultory- (Used in United States v. Hamilton, United States District Court of the District of Columbia, 1960)

Desultory- Lacking a plan, purpose, or enthusiasm. (Oxford English Dictionary)

(as used in the majority opinion)-

"[The defendant and the deceased] played several games of pool. They imbibed intoxicating beverages in the rear of the establishment, and they also carried on desultory conversations. There was an exchange of banter between the deceased and the defendant, which developed into an argument, and finally into an acrimonious quarrel..."
United States v. Hamilton (1960)

Ponda Baba and his close chum and drinking buddy Dr. Evazan were enjoying a relaxing afternoon in Chalmun's Cantina in Mos Eisley listening to the house band Figrin D'an and the Modal Nodes, carrying on desultory conversation and recanting of old stories with their fellow patrons. A young human pulled up to the bar and knocked Ponda Baba's drink over without apologizing, Ponda Baba recognized that a "party foul" had occurred and wished to point out to the young human, that knocking over drinks without apologizing wasn't just cool, it could be dangerous in certain contexts. At that point, Evazan took over and blew the whole thing way out of proportion, leading to a long and awkward trip between Ponda Baba and Evazan on the way to the medical droid station down the alleyway.

Ybarra v. Spangard et al- (Supreme Court of California, 1944)

Two days following the Battle of Endor, Han Solo woke up blind. The next day, Solo consulted with a medical droid, who stated that it was a possible side-effect of his time in suspended animation in carbonite weeks earlier. While such a prolonged reaction to the process was rare, the droid stated that the possibility of such a malady was dramatically increased if the process was performed negligently.

When Solo attempted to contact and confront the carbonite crew on Bespin, they refused to respond to inquiries regarding his processing. Han then filed a lawsuit accusing negligence against the crew, relying on the doctrine of Res Ipsa Loquitur.

This doctrine transfers the burden of proof when three elements are satisfied: 1) the harm to the plaintiff must be of the kind which ordinarily does not occur in the absence of negligence, 2) it must be caused by an an agency or instrumentality in exclusive control of the defendant, and 3) the plaintiff must not have contributed to the negligence by voluntary action. The newly reconstructed Republic Court fully agreed, reasoning that the carbonite processing instruments were fully under the control of the bespin crew, and that Han, being fully restrained and in the hands of the Empire could not have contributed to the potential negligence.

Having satisfied all three elements, the burden then transferred to the Bespin carbonite crew to prove that they were NOT negligent in treating Han. The New Republic Court specifically noted that there had recently been a liberalization of the Res Ipsa Loquitur doctrine that encouraged its use in this case. Han was unlikely to have much evidence of negligence by the crew. In order to overcome a "circle of silence", that simply by remaining silent and withholding evidence the carbonite crew could prevail against Han, the doctrine should be applied.

Hypothetical 2 [See Palsgraf v. Long Island Railroad Co.- (Court of Appeals of New York, 1928)]

At the Boonta Eve Classic, Ody Mandrell's droid accidently was pulled through his pod's engine, causing an explosion that set off a chain reaction that caused a large part of the stands of the Mos Espa Grand Stadium to collapse and crushed Ziro the Hutt's prized jester Gibberous Crumb, injuring him severely. Crumb sues Ody Mandrell for negligence. What result?

Hines v. Morrow- (Court of Civil Appeals of Texas, Dallas, 1921)

Luke Skywalker returned to Dagobah to continue Jedi training under the tutelage of Master Yoda. Under the direction of his master, Luke proceeded to stand on his head and lift some large rocks into the air using the Force. Before completing the exercise, with the rocks still floating mid-air, Luke's hand that had prior to that time been severed in an unrelated intrafamily lightsaber duel, which was extended with a cybernetic hand, began to sink into the swamp mud. The hand went down into a hole at least 10 inches or 12 inches, filled with soft mud and water, and Luke's limb became securely fastened therein, and he was unable by his own efforts to extricate his said hand from said hole. As he was sinking, Luke, a young Padawan, not yet fully trained in the Jedi ways, became distressed and lost concentration, at which point the rocks he had been levitating began to fall toward him. In order to avoid the danger of being hit with large rocks, which danger was then imminent and certain, if he was unable to extricate his limb from said hole and said danger would have caused to him death or serious bodily injury, and, prompted thereby, he used the force to lift himself up into the branches of a Gnarltree located nearby and out of the path of the falling rocks. Thereby his hand and arm were pulled from the hole and in doing so a coil in a hanging vine that was dangling between him and the tree caught Luke's other arm. As Luke was flew through the air, the vine tightened around his arm and so mangled and lacerated the same that it became necessary to amputate his only non-cybernetic hand.

Luke sued Yoda for his injuries resulting from Yoda's negligent maintenance of the area used for training, specifically failure to repair the many slimy mudholes. (Yoda's response: "Mudhole?! Slimy?! My home this is!")

Yoda's defense relied on the assertion that the accident was too freakish to be foreseen, even by Yoda's power of Force vision.

The court found for Luke because the injuries were a result of Yoda's negligence, and the exact consequences of negligence do not have to be foreseen.

Contributed by Andrew Greenberg

Christensen v Swensen (Supreme Court of Utah- 1994)

Princess Leia, onboard the Tantive IV and anticipating the arrival of Darth Vader, employed her astromech droid R2D2 to deliver a frantic plea to the old Jedi Obi-Wan Kenobi, who was hiding on Tatooine.

R2D2, along with his befuddled BFF C3PO, crashed an escape pod onto Tatooine, and began to search for Obi-Wan. Unfortunately, they were quickly captured by Jawas and sold to Owen Lars. Before Owen could wipe their memories and subject them to an eternity of moisture farming, R2D2 was able to outwit the hapless Luke Skywalker and escape into the desert, desperate to complete his mission. However, Luke and C3PO followed him, and R2D2 unwittingly led them straight into a Tusken Raider ambush. After Obi-Wan mysteriously appeared and saved them, Luke (who had taken quite a tumble, and was additionally incensed by the murders of his aunt and uncle) pursued litigation against R2D2 for negligence. Knowing that as a droid, R2D2 would have very few assets, Luke attempted to hold Princess Leia, R2's employer/owner, vicariously liable for her droid's actions.

The lowest court on Tatooine held that an employer was vicariously liable when their employee's negligence occurred within the scope of their employment. Looking to an older case, they found that the test for scope was 3 pronged: The employee must be about the employer's business when the negligence occurs, it must occur within the hours and ordinary spatial boundaries of their employment, and the employee's conduct must be at least partially motivated by serving the employer's interest. The lowest court found, without a jury, that since Tatooine was not within the spatial boundaries of the Tantive IV, Leia was not vicariously liable for R2's negligence.

On appeal to the highest court on the planet, it was decided that vicarious liability is normally a jury issue, and is only decided by the court when there are no factual issues. They held that reasonable minds could differ (that is, there was a factual issue) as to all three criteria, including the spatial limitation. As an astromech, R2D2 was often employed far outside of the Tantive IV, which made the spatial boundaries of his employment hard to determine. The court held that a jury was required to determine the facts before liability was imposed on Leia, and remanded the case for further proceedings.

Summers v. Tice- (Supreme Court of California, 1948)

Commander Cody and two other clone troopers were in the field hunting for Separatist Droids on Geonosis when Cody decided to scout a head and recon the area. Due to radiation from a nearby nebula, all scanning transmissions were effectively jammed. When the other clone troopers caught up with Cody, he jumped up to give them further instructions, at which time they both fired very, very negligently directly in Cody's direction upon hearing this rustling and not detecting his signal. They shot him twice in the face.

During the Republic Tribunal's court marshal of the two clone troopers, it was determined that due to the lack of evidence as to which injury was the cause-in-fact of Cody's injury, then Cody could sue both of the troopers under the doctrine of Joint/Several liability. Further, under this doctrine if Cody could establish negligence on the part of the two troopers (which they totally were), he could recover the entirety of his damages from one or the other.

Dillon v. Twin State Gas & Electric Co.- (New Hampshire Supreme Court, 1932)

Master Chief Gunnery Officer Tenn Graneet was a Death Star Gunner on superlaser duty during the Battle of Yavin. Just as Luke Skywalker was completing his trench run, he slipped and fell back over the tiny railing on his platform as the Death Star's main superlaser was charging up in preparation to fire on Yavin IV. He was incinerated instantly by the beam, and his estate sued the Empire for his wrongful death. The Empire's advocates countered, stating that mere seconds later the Death Star would have been destroyed by Skywalker's torpedo, killing Graneet instantly. The Imperial Court agreed with the Empire, and lowered Graneet's damages to those few seconds of life lost between the charging of the superlaser and the destruction of the Death Star.

Wishnatsky v. Huey- (Court of Appeals of North Dakota, 1998)

On board the Executor the Emperor and Vader were having a serious Sith Master/Apprentice discussion about pressing Force related issues (namely capturing that slippery Luke Skywalker), Admiral Firmus Piett wanted to inform Vader that comscan had picked up some interesting activity. Piett entered Vader's lair without knocking, and Vader instinctively used the Force to shut the doors. Piett collided into the now shut doors and fell backwards against the wall.

He sued Vader for battery, however an imperial court granted Vader summary judgment, stating that as a matter of law, it was not a battery. This was affirmed by the higher court, stating that the contact had been "momentary, indirect, and incidental," and that Vader's actions were "rude and abrupt" but would not "be offensive to a reasonable sense of personal dignity." The court basically implied that Piett was a crybaby, something that would stay with him for the rest of his life until an A-Wing crashed into the deck of the Executor. Probably because he actually was a bit of a crybaby.

Gammon v. Osteopathic Hospital of Maine- (Supreme Court of Maine, 1987)

Lobot, Lando Calrissian's assistant on the floating Cloud City on Bespin was grieving his recently deceased mother, as well as the loss of his employer Lando Calrissian due to his high-stakes contracting with the Empire (see Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965). Later that day, Lobot received a package from the Cloud City infirmary that he believed contained his dead mother's personal effects. When he opened the bag, he discovered that it only contained Luke Skywalker's severed hand, which while cauterized by Darth Vader's lightsaber strike, had begun to rot and turned blue in the process.

Lobot claimed to suffer emotional distress from the incident, having cyborg/human relations malfunctions and administration-related nightmares, growing distant from his family. Lobot did not report any physical ailments suffering from his emotional distress, nor did he seek professional help from the Cloud City counselor.

He sued the Cloud City infirmary for emotional damages. The court ruled that while Lobot was not within the "zone of danger", he had satisfied the court's newly established test that an individual must suffer "more emotional damage than a reasonable cyborg could bear", and held that the infirmary was obviously negligent in its mishandling of bodily remains. The court also noted that as family member of someone who was recently deceased, Lobot was much more likely to be trustworthy, limiting concerns of future floods of litigation.

Bethel v. New York City Transit Authority- (Court of Appeals, New York, 1998)

Jek Porkins was sitting in transit on his way to a briefing at the Tierfon Rebel Base when his seat collapsed beneath him. Porkins sued the Rebel Transit Authority for negligence. Though Porkins had no proof that the Rebels knew of the defective seat, he stated that the Authority owed him the "highest duty of care" as a common carrier for Rebel forces, and that they had constructive notice of the problem due to repairs of the seat 11 days earlier. While a trial court found for Porkins, the ruling was overturned, stating that the extraordinary requirements of the common law for common carriers was unacceptably harsh. The court instead opted for the establishment of a "reasonable person" standard, which is far more flexible. The case was remanded to a lower court for a new trial based on the "reasonable person" standard.

Portee v Jaffee- (Supreme Court of New Jersey, 1980)

Tusken Raiders abduct Anakin Skywalker's mother on Tatooine while Anakin is off learning to be a Jedi. She is tortured and the Sand People are basically all kinds of negligent with her. By the time Anakin arrives to rescue her, it's too late and she dies in his arms. This inflicts great emotional damage on Anakin, and as a result he heads further down the path that will lead him to the dark side. If Anakin hadn't murdered the whole tribe, he would have had a claim against the Tuskens for his emotional damages, even though they didn't directly harm him, because 1) he personally witnessed his mother's death, 2) he was in close proximity to her when she died (he would not have had a claim if he watched her death by hologram), 3) he and his mother were related, and 4) her death was a serious injury.