1. Case Analysis Spain v. Anderson
Ed Edmonds
November 1, 2005

2. Ed Edmonds
Director of the Schoenecker Law Library and Professor of Law
University of St. Thomas School of Law
Sports law teacher for nearly twenty years
Faculty advisor for the Board of Advocates
Moot Court – appellate cases
Client Counseling and Interviewing
Negotiations
Trial Advocacy

3. The Order of the Trial Opening Statements
This is the team’s opportunity to show a road map and the development and theory of the case.
Different approach between criminal and civil trials

4. The Order of the Trial Witness testimony Cross-examination
How you build your case is strategic
You want to build upon the testimony of each witness in a logical sequence.
Cross-examination
You want to create doubt particularly with respect to the elements of the case.

5. Witnesses Plaintiff’s Witnesses Defendant’s Witnesses
Shannon Spain
Dr. Blake Norman
Coach Terry Dillon
Defendant’s Witnesses
Linn Anderson
Professional Player Cameron Strong
Eyewitness Taylor Brown
All three witnesses must be called.

6. Redirect and Re-cross Redirect Re-cross
If the witness has been impeached or damaged, a team member can try to rehabilitate that witness.
Re-cross
Limited to matters raised on redirect
The team member should not go back into an area covered in direct.
Do not overuse redirect and re-cross

7. Closing Argument and Rebuttal
The team must reserve this time from the time allocated for the closing argument.
The team must tell the timekeeper how much time you want to reserve.
Rebuttal is usually high risk/high reward.

8. Discussion of the Facts
Civil case
Shannon Spain
Soccer player for Pleasantville High School
Shannon Spain was injured during a collision with Linn Anderson.
Rules of the game
Only outside source that can be used is FIFA’s “Laws of the Game.”

9. The Tort of Negligence Duty Breach of duty Proximate cause
Cause in fact
Damages

10. Battery Elements Offensive touching Rudeness, anger, hostile manner
Person or clothing of a person

11. Burden of Proof What is it? How do you meet that burden?
Preponderance of the evidence
Reasonable satisfaction

12. Affirmative Defenses Assumption of Risk Contributory Negligence
Knowledge of existence of dangerous condition
Appreciation of that danger
Failure to exercise care by exposing oneself to the danger
Contributory Negligence

13. Key Points What are the rules of the game?
What took place at the time of contact between Spain and Anderson?
Is the preexisting injury important?
What about the history between the two players?

14. Stipulations Exhibits are authentic and accurate.
Signatures of witnesses are authentic.
With respect to legal issues, parties may rely upon the legal authorities provided.
Emergency Room report is admissible. No additional foundation is necessary.
You can argue hearsay if you feel that hearsay appears in the report.

15. Damages Compensatory or actual damages Punitive or exemplary damages
Fair and reasonable compensation for loss or injury sustained
Monetary award
Punitive or exemplary damages
The burden of proof is clear and convincing evidence.
“[C]onsciously or deliberately engaged in oppression, fraud, wantoness, or malice with regard to the plaintiff.”

16. Exhibits Emergency Room Report
Rules for Referees – Secondary School Athletic Soccer Association
Cameron Strong’s article
Mayberry Mudcats schedule
Voic transcript
Not required to use all six
Foundation