DRAW A LINE SEPARATING TODAY & YESTERDAY 1) Write: Date: 03/11/11 , Topic: Civil Cases 2) Next line, write “ Opener #32 ” and then: 1) Write 1 high + 1 low in last 24 hours 2) Rate your understanding of yesterday: lost < 1-5 > too easy (3 is perfect) 3) Respond to the Opening Clip by writing at least 1 sentences about : Your opinions/thoughts OR/AND Questions sparked by the clip OR/AND Summary of the clip OR/AND Announcements: None
Agenda 1) Mock Trial Appeals 2) Civil Cases What you will be able to do: 1) What can you sue someone for Reminder 1) No HW
Appellate Courts (where are no juries, just judges) Can only look at mistake of law by lower judges. Only a jury can determine what the facts (if new facts, the case is remanded back to the lower court).
Journ #32a , “ Mock Trial Appeals ” Look over the handout, assuming each defendant in both cases were found guilty, answer ( include your partner’s name ): 1) In the first case, as the appellate judge, would you throw out the count of murder for the 1 st trimester fetus (dead on arrival)? 2) In the second case, as the appellate judge, would you throw out the count of murder for the 3 rd trimester fetus (miscarried 1 month later)
<ul><li>Review </li></ul><ul><li>1) To Bring Order : Courts deals with 3: </li></ul><ul><li>Interpretation of the Law: Ppl vs. Gov </li></ul><ul><li>Outcome: Kill law or action, force action. </li></ul><ul><li>b) Criminal Cases: Society vs. Accused </li></ul><ul><li>Outcome: Kill law or action, force action </li></ul><ul><li>c) Civil Cases: Ppl vs. Ppl </li></ul><ul><li>Outcome: Money or action. Personal harm cases are called torts . </li></ul><ul><li>When you harm someone. You can be sued by the gov for criminal action (guilty “beyond reasonable doubt” ) and sued by a person for civil action (lower req: “clear and convincing” guilt) </li></ul>
Notes #32a , Title: “ Civil Law Notes ” Review Civil Cases : People suing other people. 1) Kinds of Civil Cases: Torts: Personal damage Contracts: Violation of an agreement Property: Dispute over property rights Requires 9 of 12 people (75%) Outcome: Money or/and Action
2) Tort Elements: a) Reasonable person would see that harm is likely if they don’t stop b) They did nothing (not enough) c) Harm then did indeed occur (not need to direct cause, but a contributor) Review Facts Mr. Chiang was driving along his friend at 85+. His friend fatally hits a passing car. Mr. Chiang drives away.
Journ #31b , Title “ Tort Case ” Opening Statements Plaintiff’s Witnesses Defendant’s Witnesses Closing Statements Jury Decision (Judge reads law to jury. Jury decides if the facts of this case fit.) 1) Choose your role, and write your written prep for your role: Opener: Opening Statement to the Jury Examiner: Choose witnesses to favor your client, and write some questions. Cross-Ex: Determine which questions will diminish the opponent's witnesses. Closer: Closing Statement to the Jury
Mini Mock Trial – Tort Law Stella Liebeck, 79 was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee. Coffee that was served in a styrofoam cup at the drive-thu. The grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body,including her inner thighs, buttocks, and genital and groin. Tort: Reasonable person would foresee future harm
The jury awarded Liebeck $200,000 in compensatory damages. This amount was reduced to $160,000 because the jury found Liebeck 20 percent at fault in the spill. The jury also awarded Liebeck $2.7 million in punitive damages , which equals about 2 days of McDonalds' coffee sales.
<ul><li>Notes #32a , Title: “ Civil Law Notes ” </li></ul><ul><li>3) Contract Elements: </li></ul><ul><li>Offer </li></ul><ul><li>Chance at understanding each other (consideration) </li></ul><ul><li>Exchange of something occured </li></ul>
Journ #31c , Title “ Contract Case ” Opening Statements Plaintiff’s Witnesses Defendant’s Witnesses Closing Statements Jury Decision (Judge reads law to jury. Jury decides if the facts of this case fit.) 1) Choose your role, and write your written prep for your role: Opener: Opening Statement to the Jury Examiner: Choose witnesses to favor your client, and write some questions. Cross-Ex: Determine which questions will diminish the opponent's witnesses. Closer: Closing Statement to the Jury
Mini Mock Trial – Contract Law Pepsi airs commercial advertising “Pepsi points” closing commercial by showing a Harrier Jet offered at 7,000,000 points. Leonard watching this commercial accumulates some points, and then sends a check for $700,000 for the rest of the jet. (Contest allowed you to buy “Pepsi points.” Pepsi refused to give Leonard the jet. Was Pepsi’s commercial an offer to enter into a contract? Contract: Offer, mutual understanding, and exchange
The Seller hereby conveys to the Buyer full ownership and title to the motor vehicle described below: Description of Motor Vehicle Sold: Year _____ Make ____ Model ____VIN ____ The Buyer hereby agrees to pay the Seller $X Both parties hereby agree that this is an "as-is" sale, with no warranties of any kind expressed or implied. The parties hereby signify their agreement to the terms above by their signatures affixed below: _____________________________________ Buyer's signature, date _________________________________ Seller's signature, date
Whether an offer has been made depends on the reasonableness of the alleged offeree’s belief that the advertisement was meant to be an offer. (1) it is highly improbably that the youth could be a pilot (2) no school would actually provide landing space for a jet (3) using the jet, normally used for destroying targets, isn’t used to going to school. A reasonable person would not think that $700,000 for a plane that normally costs $23 million would be a valid offer.
Notes #31c , Title: “ Civil Law Notes ” 4) Class Action Lawsuit : A lawsuit where multiple ppl harmed sue together. Usually organized by lawyers who take a % of the winnings. Example: Verizon cheats you and 10 mil ppl of $1. Law firm sues and keeps 25%. Their profit: $2.5 mil.
Why so many law suits? 5) Contingent fee : A pay system where lawyers get paid a percentage of what you win (no cost to client). Helps poor people hire a lawyer for a big % taken out winning. Only 9 of 12 jury members needed, in a poor communities juries have reputations of being “easy.” Tort reform is the movement to make it harder to sue, or to punish lawyers for silly suits.
Journ #32b , “ Tort Reform Debate ” 1) Read the 2 sides, choose 1 side, and write which you choose and explain why . 2) Then write down what your partner thinks ( include their name at the end ). 1 2 3 4 5 Con: Need More 1) Lawsuits make people responsible, so our current balance is just right. Pro: Too many Lawsuits, we need reform 1) Law suits make everyone too cautious, thus wasting resources and opportunities.
Journ #31e , Title “ Video ” 1) Copy Source Title: A 2…) Discuss questions on the board with a partner. Summarize your discussion ( include their name at the end ). Be prepared to present.