Presentation on theme: "Case Analysis Spain v. Anderson"— Presentation transcript:
1 Case Analysis Spain v. Anderson Ed EdmondsNovember 1, 2005
2 Ed EdmondsDirector of the Schoenecker Law Library and Professor of LawUniversity of St. Thomas School of LawSports law teacher for nearly twenty yearsFaculty advisor for the Board of AdvocatesMoot Court – appellate casesClient Counseling and InterviewingNegotiationsTrial 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 strategicYou want to build upon the testimony of each witness in a logical sequence.Cross-examinationYou want to create doubt particularly with respect to the elements of the case.
5 Witnesses Plaintiff’s Witnesses Defendant’s Witnesses Shannon SpainDr. Blake NormanCoach Terry DillonDefendant’s WitnessesLinn AndersonProfessional Player Cameron StrongEyewitness Taylor BrownAll 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-crossLimited to matters raised on redirectThe 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 caseShannon SpainSoccer player for Pleasantville High SchoolShannon Spain was injured during a collision with Linn Anderson.Rules of the gameOnly 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 factDamages
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 evidenceReasonable satisfaction
12 Affirmative Defenses Assumption of Risk Contributory Negligence Knowledge of existence of dangerous conditionAppreciation of that dangerFailure to exercise care by exposing oneself to the dangerContributory 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 sustainedMonetary awardPunitive or exemplary damagesThe 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 AssociationCameron Strong’s articleMayberry Mudcats scheduleVoic transcriptNot required to use all sixFoundation