Presentation on theme: "Case Analysis Spain v. Anderson Ed Edmonds November 1, 2005."— Presentation transcript:
Case Analysis Spain v. Anderson Ed Edmonds November 1, 2005
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
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
The Order of the Trial Witness testimony –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.
Witnesses Plaintiff’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.
Redirect and Re-cross Redirect –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
Closing Argument and Rebuttal 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.
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.”
The Tort of Negligence Duty Breach of duty Proximate cause Cause in fact Damages
Battery Elements Offensive touching Rudeness, anger, hostile manner Person or clothing of a person
Burden of Proof What is it? How do you meet that burden? Preponderance of the evidence Reasonable satisfaction
Affirmative Defenses Assumption of Risk –Knowledge of existence of dangerous condition –Appreciation of that danger –Failure to exercise care by exposing oneself to the danger Contributory Negligence
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?
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.
Damages Compensatory or actual 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.”
Exhibits Emergency Room Report Rules for Referees – Secondary School Athletic Soccer Association Cameron Strong’s article Mayberry Mudcats schedule Voicemail transcript Not required to use all six Foundation