1. DOCUMENTS AND EXHIBITS
KHS Anti-Bullying Policy
o How:
We will use specific details from the policy to prove that the proper
procedures do exist for conflicts like the one between Billings and
Pearson. We will use the policy to cover all bases of bullying and why
because of the policy it did not occur.
o Why:
We plan to use the KHS anti-bullying policy to disprove any allegations of
negligent supervision on the basis of bullying within the school.
KHS Cell Phone Policy
o How:
We plan to use the current KHS cell phone policy to suggest how in the
policy it clearly states cell phones being prohibited on KHS campus. We
can use the policy to prove that Billings also took part in breaking the
policy, but had the policy been followed by Billings, it would have been
impossible for bullying to occur through text message on KHS property.
o Why:
We want to use the cell phone policy to show that Billings could have
easily found a way around the severe emotional distress these texts
allegedly caused by simply following the cell phone policy he/she wants
to get Pearson in trouble for. It begins to arouse the question of how
severe Billings’s alleged injuries were.
Text Messages
o How:
We plan to use the text messages between Pearson and Billings from
August through December to show to the jury the content of the text
messages.
o Why:
We want to show the jury the content of the text messages because even if
conflict occurred between the two, the content of the text messages should
not be considered damaging enough to have the damages Billings claims
to have.
MyFace Posts
o How:
We plan to use the MyFace posts in order to show the jury what exactly a
public social media site is and how a user doesn’t have control over what
is posted.
2. o Why:
We want to show the publicity of the site in order to establish how many
students have joined and how many posted things to the page. Pearson
cannot be the only one held liable when there were 299 other students
joined to the group.
Email Correspondences
o How:
We want to use the email messages between Cook and Li on November 2,
2010 and November 9, 2010 to suggest that the proper steps in handling
this type of situation did occur. The text messages do not show great
concern over the issue between Cook and Li.
o Why:
We want to use the email messages because as both faculty members who
worked extensively on the anti-bullying policy, neither showed concern on
the issue because the issue is not school related and that is what we want
to show.
PTSD Test Results
o How:
We want to show the jury the requirements of the PTSD test Billings was
administered.
o Why:
We want to show and explain the requirements of the PTSD test because
the test was administered by someone who should not have given it, nor
was it given at the appropriate time. We want to show why both of those
circumstances could make a huge difference in the accuracy of the test.
Memorandum of Law
o How:
We want to provide a memorandum of law to provide the specific facts of
the case and how they do not apply to the New Columbia Civil Code.
o Why:
We want to provide a memorandum of law because the memorandum can
be used to better break down and asses the case which will help in
clarifying any confusion by any parties or jury.
Witness Statements (6)
o How:
We want to use all six witness statements in order to give written
testimony of every party involved in the case.
3. o Why:
We want to use all six witness statements because each one provides a
piece of evidence that can be used in disproving the claims asserted by the
plaintiff.