exercises - NJSBF.org

Transcription

Mock Trial
EXERCISES
for Grades 3-6
Featuring Winning Cases from the New Jersey
State Bar Foundation’s Law Fair 2006 Competition
Contents
Preface
............................................2
The Case of Waiting for a Playground . . . . . . . . . . . . . . . . . . . 3
The Case of the Rock Climbing Mistake . . . . . . . . . . . . . . . . . 6
Sometimes You Feel Like a Nut . . . . . . . . . . . . . . . . . . . . . . . . . 9
The Case of the Misplaced Lottery Ticket . . . . . . . . . . . . . . . 12
Wild Safari Rampage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Static Shock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Mining Tour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
It’s Electric! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Is Left, Right? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
The Case of the Family Feud . . . . . . . . . . . . . . . . . . . . . . . . . . 29
The Power Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
The First Day Is the Last Day . . . . . . . . . . . . . . . . . . . . . . . . . . 34
The Case of the Stolen Hubcaps . . . . . . . . . . . . . . . . . . . . . . . 36
Pumpkins and Politics Don’t Mix . . . . . . . . . . . . . . . . . . . . . . . 38
Burnt by Science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
It’s Icy Hear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
1
Preface
intended only for the purpose of education, and all
characters, names, events and circumstances
described herein are fictitious.
Because this booklet contains cases written by
students from third through sixth grades, teachers
should review the cases written by students in the
upper grades before distribution in order to
determine whether they are appropriate for
younger children.
Law Fair has won national recognition for
educational excellence from the American Bar
Association and the American Society of Association
Executives.
This project is made possible by funding from the
IOLTA Fund of the Bar of New Jersey.
If you would like to participate in the Law Fair
Competition, please call 1-800-FREE LAW or
732-937-7519 for a free copy of the State Bar
Foundation’s Law Fair Competition booklet,
e-mail [email protected] or write to Law Fair, New
Jersey State Bar Foundation, One Constitution
Square, New Brunswick, NJ 08901-1520.
For information about other free, law-related education services available from the New Jersey State Bar
Foundation, visit us online at www.njsbf.org.
Since 1992, the New Jersey State Bar Foundation
has sponsored a unique, law-related education
opportunity for elementary school students — the
Law Fair Competition.
Students in grades three through six are invited to
create original mock trial cases. The cases are
judged on the basis of originality and educational
value in teaching students about their legal rights
and responsibilities. Winners are selected in each
grade level. The trials are then conducted before
student audiences at special Law Fair programs
in the spring. The third- through sixth-grade
audiences serve as juries.
Following are the winning students’ cases from
the Law Fair 2006 Competition. They may be used
as a guide to prepare a submission to the Law Fair
Competition or as a classroom exercise. Please
note that some of the cases may contain “laws”
created by the students for the purposes of this
competition, which may not necessarily be actual
laws. Since these mock trials were written by
children, the content should not be considered
technically accurate.
These exercises were created by children and are
intended for school use only. Any resemblances to
characters, names, events and circumstances are
© 2006 New Jersey State Bar Foundation. All rights reserved.
2
The Case of
Waiting for a Playground
SCHOOL
STUDENTS
Hillcrest School
Somerset
Grade 3, First Place
Majed Ammari, Anthony Kovacs,
Nikita Kulkarni, Aaliyah Milson, Joseph Morales,
Steven Murset, Ayanna Neal, Jerome Ramos,
Kayla Tinio, David Valdivieso
TEACHER
Pamela Treut
FA C T S
WITNESS STAT E M E N T S
At 4 p.m. on October 31, 2005 there was a
problem at the Blame School, 123 Hyper Street in
Sunnyvale, New Jersey. Little Steven Greedy fell off
of the new playground set in the schoolyard and he
broke his leg. There was no school staff supervision
on the playground.
Testimony of Mr. Dizzy Dad Greedy
I am Steven’s dad. I took off from work to go to
the school to see my son and his class in their
costume parade. I met my wife at the school. She
wanted me to stop by the bakery to bring treats
for the class and watch the parade. The parade
The Greedy parents are suing the school for
was great, and the kids were cute. After the parade
negligence and all medical bills.
was over and the kids were going home, I saw
Steven coming out of the school alone. He called
ISSUE
over to me to ask if it was okay to go onto the new
Is the school negligent for not providing adequate playground set. I was talking on my cell phone
safety measures and therefore responsible for the
taking care of a customer, and Steven thought that
injuries and all medical bills that occurred on the
I was saying “yes” to him when actually I was
school property?
saying “yes” to my customer. After I nodded, he
ran off. The next thing I knew, he was on the
ground with people running towards him including
WITNESSES
his brother Sam.
For the Plaintiff
I think that it is the school’s fault for not having
anyone on the playground to supervise. I mean,
after all, with so many children around, they all
want to play on the jungle gym and slide. It is an
attractive nuisance and hazard. I know that my
wife was the one who was mainly organizing the
equipment, but it is the school that is responsible
for the rules and safety standards.
Mr. Dizzy Dad Greedy
Steven Greedy
For the Defense
Mr. Calm
Mr. Clean
Testimony of Steven Greedy
My name is Steven Greedy. I am a six and a halfyear-old first-grade student. My mom is the PTO
president, and she raised a lot of money for us to
have a new playground. I know that she and her
3
friends earned over $30,000 for us. I have been
looking at it for months. My mom and her friends
have had pictures of it at home on our dining room
table. They were always talking about how nice it
was going to be.
There are several issues here. First, I always have
the safety of the children in mind. The rules are for
everyone. The parents can’t change the rules. If, in
fact, the dad gave his son Steven permission to use
the playground set, he had no right to overrule the
decision of our school to allow his son to climb on
the set without the safety inspection of the people
employed to build the set. The father does not have
the authority to change the school rules.
I forgot my backpack and went back to the class
to get it. I asked my mom if I could go back to the
classroom. She is always at the school, and she said
that I could go to get it. She knows the teacher and
the secretary. Anyway, after I got my backpack, I
saw my dad through the classroom window. I ran
outside to see my dad again. He was at the parade,
too. I wanted to be the first one going down the
slide. My dad gave me permission to go down the
slide, so I ran over to the new set. I climbed to the
top and looked down. It was really far down!
Mr. Clean called to me to get off, and I was startled
and fell off. Mr. Clean scared me!
Secondly, Steven knew better. Whether or not the
dad gave him permission to climb on the set, Steven
knew the rules. As I stated before, all of the children
were reminded earlier in the day, and in fact every
day, not to go near the set. There was caution tape
around the area as well.
We know that accidents happen. We have a nurse
on staff for any situation where medical attention is
needed. I am sorry that Steven hurt himself; the
accident could have been avoided.
Testimony of Mr. Calm
Testimony of Mr. Clean
I am the principal of Blame School. I have been
here for 10 years. Mrs. Greedy is the president
and fundraising chairperson for our PTO. She is a
good person and has good intentions; however,
sometimes she can get carried away. She is always
talking and having meetings.
I am the head janitor at Blame School. I have
been at the school for 25 years. I love that school
and all of the kids. I was taking out garbage and
saw little Steven going up the ladder. There were
lots of parents around that day. The playground was
almost finished. It just needed the mulch around
the base.
On Tuesday, October 31, it was Halloween. We
were having a Fall Festival going on at the school
that day. There were many parents and teachers
around the school. There was a costume parade
earlier and many parents attended.
It is true that Mrs. Greedy was the chief parent
who was instrumental in getting the playground set.
The students were told that the new playground
was not ready for use just yet. They were reminded
earlier in the day that the wood chips were not on
the area beneath the slides and other equipment.
In fact, every day notices have gone out and the
website has been updated to indicate that. There
is caution tape around the area.
Steven is a beginning reader. He is in our Gifted
and Talented Program; however, Steven can be a
wanderer. He feels very comfortable here at Blame
School as his mom is always at the school.
Nevertheless, I am the principal. The children
were warned ahead of time not to play on the set.
4
I saw the dad talking on his cell phone. He was
not paying attention to his son. Yes, it is true that I
called to the boy.
CONCEPTS
1. Age of reason.
2. Negligence on the school’s part.
I did not mean to scare him. I wanted him to get
off the playground set for his own safety. Mr. Calm
is very safety conscious. He runs a safe and secure
school. There are signs around the fence indicating
that there is no supervision by school staff after
school hours or on weekends. It was after school
hours when the accident happened.
3. Negligence on the parents’ part.
4. Liability.
5. Parental reasonability.
6. Foreseeability.
7. Assumption of risk.
Besides, little Steven Greedy is always in trouble.
We must keep our eyes on him all of the time.
8. Attractive nuisance.
It was lucky that the nurse was still here. I called
her from my walkie-talkie, and she came out and
then called the ambulance.
10. Credibility of witnesses.
9. Comparative negligence.
11. Safety issues in public places.
12. Burden of proof.
13. Pain and suffering.
INSTRUCTIONS
14. After-school hours responsibility.
The plaintiff must prove by a preponderance
of the evidence that the school was negligent and
therefore responsible for Steven Greedy’s injuries.
15. Parental duty.
L AW S
SUB-ISSUES
1. Negligence Torts – The breach of duty of care
expected of reasonable people.
1. Were the parents negligent in providing
adequate supervision?
2. Contributory Negligence – If the plaintiff’s
negligence contributed to his or her injury, and
he or she failed to act responsibly for his or her
age, then his or her carelessness may reduce
the responsibility of other parties.
2. Did the parents show disregard for school
authority by trying to override the rules of
the school?
3. Was Steven old enough to use common sense?
3. Attractive Nuisance – The law recognizes that
schools have special responsibilities to stop
children from being attracted to dangerous
areas.
4. Was Steven within the age of reason?
5. Should Steven be allowed to be on his own
without adult supervision?
6. Were there adequate safety measures taken
for the students’ protection on the playground?
4. School Law – It is the duty of the principal and
other school officials to maintain a safe environment while school is in operation. It is the
responsibility of the school to provide adequate
safety measures for the total school population.
7. Did the child show disregard for school
authority by not following the school rules?
8. Was Steven trespassing?
a. It is the responsibility of children at a
certain age to respect the rights and
property of others.
9. Are the parents asking for reasonable
compensation?
10. Was the janitor overstepping his bounds by
shouting or scaring the child?
b. It is the child’s responsibility to adhere to
warnings and to listen to those in authority
in the school.
11. What is the legal obligation of the janitor to
watch a student after hours?
5
The Case of the
Rock Climbing Mistake
SCHOOL
STUDENTS
Hillcrest
Riker HillSchool
Elementary School
Somerset
Livingston
Grade
Place
Grade 3,
3, First
Second
Place
Majed
Ammari,
AnthonyDuberman,
Kovacs, Emily Fischer,
Danielle
Berk, Rebecca
Nikita
Kulkarni,
Aaliyah
Milson,
Morales,
Sabrina Gonzalez, Jason Levine, Joseph
Julie McEldoon,
Steven
Murset,Brett
Ayanna
Neal, Jerome
Ramos,
Sami Mindlin,
Neumann,
Abby Simko,
Kayla
Alexa Tinio,
Smith,David
CarlyValdivieso
Taylor, Alana Zuber,
TEACHER
TEACHER
Pamela Treut
Donna Richter-Maschio
Cassidy Zuber, Zachary Zymet
FA C T S
On the afternoon of January 2, 2005 Mrs. Sue Case
took a group of boys to the Rock N’Roll Studio to
rock climb. It was a birthday party for her son,
Justin Case. The studio assigned a few young guys
to supervise the rock climbing. All of the boys
successfully climbed the rock walls except for one
younger boy, Jake King, who injured himself badly
when the person supervising, Mr. Holden Tight, let
go of the ropes too soon. Jake hit himself several
times on a rock wall. The mother of the injured boy,
Mrs. Lisa King, is suing the person who supervised
her son’s climb, Mr. Holden, for payment of her son’s
medical bills.
Testimony of Lisa King
My name is Lisa King. We live in New York.
My son Jake and I came to visit our friends,
Mrs. Sue Case, and her son, Justin Case. Justin was
celebrating his birthday and was having a birthday
party the day we arrived. Mrs. Case asked if my
son would like to come along to the birthday party
even though he was a few years younger than the
birthday boy.
My son was so excited because he had never rock
climbed before. At the climbing studio he loved
being with the older boys. When it was his turn to
rock climb, he became really nervous. When he
started to go up the wall, he proceeded really
slowly. When he was halfway to the top of the wall,
Mr. Holden Tight let go of Jake. He just let go of the
ropes! Can you imagine that? It’s his job to use the
ropes correctly with the children. He just let my son
bang over and over against that hard, rocky wall!
This climbing studio certainly has terrible workers.
My poor son really injured himself badly! Mr. Tight
should be held responsible for paying for all of my
son’s medical bills. He banged several times
against that hard, rock wall. What was he thinking?
Isn’t it his job to take care of the safety of each and
every child there?
ISSUE
Is Mr. Holden Tight liable for the cost of the
medical bills of Jake King because he released the
boy’s rock climbing ropes before receiving the
appropriate signal from him?
WITNESSES
For the Plaintiff
Lisa King
Laura Norder
For the Defense
I will never let my son climb another rock or rock
wall as long as he is my responsibility. I can’t
believe that my friend, Mrs. Case, had her son’s
party at such a place. Didn’t she check it out ahead
Holden Tight
Sue Case
6
of time? We certainly are no longer friends. I am a
responsible parent and only want friends who are
also responsible parents, especially if my son is
around them. Shame on her.
I was in shock when one of the boys didn’t follow
the usual Rock N’Roll Studio directions. I thought
he was giving me the signal to ease him down off
the wall. Unfortunately, he wasn’t ready to come
down.
Testimony of Laura Norder
His injuries were unfortunate and unnecessary. If
I had known that Jake King was inexperienced, I
would have handled the situation differently. Why
didn’t Mrs. Sue Case or Mrs. Lisa King inform me
that the original information given to me had
changed? I couldn’t believe that they left it up to
the child to inform me of his ability level. I believe
they were acting in a negligent manner!
My name is Laura Norder. On January 2, 2005 my
child was at the Rock N’ Roll Studio attending a
party. While we were waiting for our rock climbing
time to begin, I watched other children climb the
studio’s rock wall. I couldn’t believe it when I saw
this little boy screaming and hanging in mid-air,
banging and banging into the wall. The person
supervising him had just let go of his ropes. What is
the matter with him? Didn’t he know how to do his
job? Isn’t the adult supposed to keep the young
climbers safe? After seeing this terrible job of
supervising children, I would not let my child onto
that rock wall.
Testimony of Sue Case
My name is Sue Case. My son, Justin Case, had
his birthday party held at the Rock N’ Roll rockclimbing studio on January 2, 2005. Justin loves to
rock climb and so do many of his friends. I have
I believe the parent of the injured boy has every
taken him there many times to rock climb. When I
right to sue the guy who caused her son’s injuries.
arranged for his party, the studio asked me about
People pay not only for a rock climbing experience the ability levels of the party guests. I checked with
for their child; they are paying for a completely safe all of the parents of the invited children. All of the
experience for their child.
children attending had been several times to this
studio, so these children were all familiar with the
Testimony of Mr. Holden Tight
studio’s procedures and rules. I signed a waiver of
My name is Holden Tight. I have been working
liability for all the guests stating they were all
at the Rock N’ Roll Studio for six months. It is my
experienced rock climbers.
job to help the children use the rock-climbing wall.
When I invited my friend’s son Jake to Justin’s
I am usually working with children who are here for party, I found out that he had never rock climbed
a party. Everything usually goes very smoothly.
before. I told him to be sure to tell the person
The children have a great time and leave happy
supervising him at the studio that he had never rock
and healthy.
climbed before. Jake promised me he would tell
On the afternoon of January 2, 2005 I was assigned
to work with the children attending Justin Case’s
birthday party. I was specifically told that all of the
children who were with this group had used the
rock climbing wall at our studio before and knew
our rules. In fact, before I started to work with the
Case party I read over the paperwork completed by
Mrs. Sue Case. It clearly stated that all the children
attending the party were experienced Rock N’ Roll
rock climbers.
the person supervising him.
Unfortunately, the day of the party, with all the
excitement, Jake forgot to tell Mr. Holden Tight that
he was a beginner. Because he did not tell him,
Mr. Tight followed along with the information that
had been given to him—that all the party guests
were experienced.
I feel terrible that Jake was injured, especially
at my son’s party. It was, however, his fault that he
did not remember to tell Mr. Tight the important
Because I had this written information I did not
information that he had never climbed before and
think it was necessary to ask the children about their would need to be given instructions. The boy is old
rock climbing experience. I could see the children
enough to have the sense to communicate this
were excited to start climbing, and so we did.
information. Because of this unfortunate situation,
7
Lisa King and I no longer speak to each other. I do
not feel that Mr. Tight should be responsible to pay
for Jake’s medical bills.
CONCEPTS
1. Negligence.
2. Contributory negligence.
3. Burden of proof.
INSTRUCTIONS
The jury must decide by a preponderance of the
evidence whether Jake King’s injuries were a result
of the negligence of Mr. Holden Tight.
5. Is a waiver of liability enforceable?
L AW S
SUB-ISSUES
1. Negligence is established when:
1. Did Lisa King, Sue Case, and Jake King
contribute to Jake’s injuries by failing to notify
Mr. Holden Tight that he was an inexperienced
rock wall climber?
a. The defendant had a duty to protect the
plaintiff from harm.
2. Is the parent of Jake King correct in asking for
compensation for her son’s medical bills?
c. The defendant’s failure causes injury to the
plaintiff’s person.
b. The defendant fails to fulfill that duty, even if
unintentionally, and
2. If the plaintiff’s acts contribute to the injury,
such acts may reduce, but not necessarily
eliminate, the responsibility of the defendant.
8
Sometimes You Feel
Like a Nut
SCHOOL
STUDENTS
Cedar Mountain Primary School
Vernon
Grade 3, Honorable Mention
Edward Battista, David Blank, Jonathan Buck,
Brandon Forino, Morgan Fox, Jennifer Gallo,
BreAnne Gannon, Alexandra Hansen,
Roger Hernandez, Leah Kenny, Tyler Klos,
Amy Linsalata, Sarah Loughrey, Mathew Maass,
Marissa Molloy, Edan Oliver, Nicholas Rapisardi,
Hannah Reed, Violet Reed, Sean Reiche,
Sarah Waleck, Samantha White
TEACHERS
Arleen Hill
Deanna Castellana
Mrs. Coco Nut is suing the Board of Education
for Skippy’s medical expenses and for his pain and
suffering, which she claims was a direct result of
negligence on the part of the Walnut Elementary
School.
FA C T S
On November 14, 2005 Mrs. Carrie Full was
preparing her third-grade students for their first
social studies test of the new marking period.
When reviewing for a test, Mrs. Carrie Full asks
her students “peanut” review questions. When a
question is correctly answered, a peanut is put in
the jar. All the children anxiously volunteered
answers in hopes of filling the peanut jar and
receiving their class reward.
ISSUE
Is the Board of Education responsible for Skippy
Nut’s medical expenses and for his pain and
suffering?
Upon hearing the fifth question, Skippy Nut
vigorously waved his hand to answer. He quickly
responded with a correct answer and excitedly
placed one peanut in the jar. As the review
continued, Mrs. Carrie Full noticed Skippy was
having trouble sitting and seemed very
uncomfortable. As she walked closer to him, she
noticed that his face was red with hives and his lips
were quite swollen.
WITNESSES
For the Plaintiff
Mrs. Coco Nut
Dr. William B.Well
For the Defense
Mrs. Carrie Full
Mrs. Carrie Full immediately called the school
nurse, asking her to report to Room 209. Nurse
Emily Mergency quickly arrived and took Skippy
to her office for a closer examination. Nurse Emily
Mergency realized that Skippy was having an
allergic reaction. She called his mother, Mrs. Coco
Nut, and asked for permission to give Skippy
Benadryl. She also asked Mrs. Nut to take him to
the local hospital Emergency Room. At the hospital,
Skippy was treated by Dr. William B.Well and later
released.
Nurse Emily Mergency
9
Testimony of Mrs. Coco Nut
I’m Mrs. Coco Nut, Skippy’s mother. I just can’t
understand how this life-threatening situation
could have happened to my son. During the first
week of school, I filled out the medical emergency
information card that explained Skippy’s harmful
allergy to peanuts. I put the card in his homework
folder and told him to give it to his teacher, Mrs.
Carrie Full. This is not the first time that I have
filled out a card with this important information.
The school has received a medical emergency card
from me ever since Skippy started Kindergarten. I
think that there should be a more efficient way to
transfer important medical information from one
school to another. I did what I was supposed to do,
but the school never followed through.
My Skippy isn’t the only child in the school
district who is allergic to peanuts. Therefore, why
was his teacher using peanuts in the first place?
Why wasn’t she using something else? My child
went through a horrible reaction that could have
cost him his life. Our insurance only paid part of
Skippy’s medical expenses, and our family has a
large amount left to pay. I feel that it is the school
board’s responsibility to pay the balance of the
medical bill. In addition, they should pay for my
son’s pain and suffering.
Testimony of Dr. William B. Well
I have been an emergency room physician for
10 years. When Mrs. Nut brought Skippy to the
Emergency Room on that day, he was having a
severe allergic reaction to the peanut he had
touched. His lips and tongue were swollen and
he had itchy hives all over his body. Because his
throat had started to close, he was having trouble
breathing. I immediately gave him an injection of
adrenalin. I also had to give him supplemental
oxygen to help him breathe normally. It was
necessary to begin an IV line.
I kept Skippy in the hospital for observation for
three hours to make sure he was safe and no longer
in any danger. At this time, Mrs. Nut expressed her
frustration with the situation and mentioned more
than once that she had made the school aware of
her son’s severe allergy to nuts. Fortunately,
Skippy recovered because he received the proper
treatment in time.
Testimony of Mrs. Carrie Full
My name is Mrs. Carrie Full and I am Skippy Nut’s
third-grade teacher. My job is very important to
me, and I am aware that I am responsible for the
safety of the students who are in my care. For the
first two weeks of school, I remind my students daily
to bring in the medical emergency information
card. I never received a card from Skippy stating
his severe allergy to nuts. Skippy’s mother never
called me or sent me a note to let me know about
her son’s allergy. I was completely unaware of his
condition and that is why peanuts were being used.
Skippy is a smart young student. I don’t understand
why he never told me about his allergy. I would
never have used peanuts if I had known that he or
any other child was allergic to them.
On that day, Skippy merely picked up the peanut
and placed it in the jar. The peanuts are not for
eating. The students are simply trying to fill up
the jar to earn rewards. I had been using peanuts
since the first day of school and never once did he
mention his allergy to the school nurse or me. This
was a very upsetting situation for all of my students
and me. The next day I changed the reward items
from peanuts to pom-poms. All of this could have
been avoided if Skippy or his mother had informed
the school of his allergy to nuts.
Testimony of Nurse Emily Mergency
I have been a school nurse for 20 years, and I
have treated many students with allergies during
those years. In my experience, students with
allergies or other medical conditions are usually
very aware of their situations. They will readily
volunteer their medical information to their
teachers or me. I find it odd that Skippy, a thirdgrade student, never mentioned that he was
allergic to peanuts. In my opinion, he should be
mature enough and share this information with
people who need to know it.
When I arrived at Room 209, I immediately saw
that Skippy was having an allergic reaction. I called
his mother and after receiving permission from her,
10
I gave Skippy some Benadryl. I told Mrs. Nut that
CONCEPTS
she needed to take Skippy to the hospital. She
1. Credibility of witnesses – Do you believe all
arrived promptly and drove her son to the hospital
witnesses are telling the truth?
where he was treated. I rechecked my records to
2. Negligence – Was reasonable care taken in the
see if I had any information about Skippy Nut’s
transporting of Skippy’s medical information
allergy. There was no information in my file. I know
both to and from school?
that this was a frightening experience for all
involved, but Mrs. Carrie Full’s quick response to
3. Burden of proof – Mrs. Coco Nut must convince
Skippy’s allergic reaction helped to save his life.
the jury that her son Skippy’s allergic reaction
I think that Mrs. Nut should be thanking us, not
and his pain and suffering were the school’s
suing us!
fault.
INSTRUCTIONS
L AW
The plaintiff, Mrs. Coco Nut, must convince the
jury that her son Skippy’s allergic reaction and
his pain and suffering were the direct result of
negligence on the part of the Board of Education.
A parent must make the school aware of their
child’s medical history information. It is the school’s
responsibility to insure the health and safety of its
students.
SUB-ISSUES
1. Should the Walnut Elementary School have a
better way of obtaining important medical
information?
2. Was Skippy Nut’s medical emergency card lost?
3. Should Mrs. Coco Nut have asked her son if he
had turned in his medical emergency card to his
teacher?
4. Should Mrs. Carrie Full or Nurse Emily
Mergency have followed up with a note or a
phone call when Skippy’s medical card was not
returned?
5. Should Skippy have shared information with
Mrs. Carrie Full and/or Nurse Emily Mergency
about his allergy?
6. Was it a good idea for Mrs. Carrie Full to use
peanuts in her reward jar?
11
The Case of the
Misplaced Lottery Ticket
SCHOOL
STUDENTS
Mount Pleasant Elementary School
Livingston
Matthew Chasin, Mark Fisher, Dalia Lache,
Justin Leff, Brian Luster, Namal Senviratne,
Beatrice Wang, Annie Yao, Evan Zou
TEACHER
Marcia Napolitano
FA C T S
ISSUES
Larry Luckner goes to the 7-Eleven each Monday
to purchase a lottery ticket for the drawing the next
day. On October 10, 2005, he bought his lottery
ticket there as usual. The next morning Larry
boarded the bus to his job in downtown Luckyville.
As usual he had the morning newspaper with him.
Larry took his regular seat in the front of the bus
right next to Max Mixup. The passengers on the bus
always take the same seats each morning. Larry
smiled and greeted them as usual. Then he opened
his newspaper to read along the way. Max Mixup
leaned over in his seat and asked if he could use
Larry’s paper to see if he had the winning numbers
on his lottery ticket. Larry agreed and pulled his
own ticket out of his pocket to check for the winning
numbers as well.
Does the winning lottery ticket belong to Larry
Luckner or Max Mixup?
Should Max Mixup give the lottery ticket and all his
winnings to Larry Luckner?
WITNESSES
Witnesses for the Plaintiff
Larry Luckner
John Clerk
Witnesses for the Defense
Max Mixup
Sally C. Less
As Max and Larry were bent over the paper
with their tickets, the bus came to a sudden stop.
Everything went flying, including the newspaper
and the lottery tickets. As Larry and Max
scrambled to retrieve their items, the bus arrived
at Larry’s stop and he had to get off, without either
of them having the opportunity to compare the
numbers on their tickets with the winning numbers
printed in the newspaper.
The next day Max Mixup’s picture appeared in the
newspaper as the winner of the $10 million lottery!
Larry is suing Max for the full amount of the
winning lottery ticket, claiming that during the
confusion when the bus stopped suddenly, Max
picked up Larry’s lottery ticket from the floor of
the bus instead of his own ticket.
12
Testimony of Larry Luckner
My name is Larry Luckner. Every Monday I
purchase a ticket for the Megabucks drawing. I go
to the same store every week. The clerk there
always says, “Larry, your numbers are lucky. One
of these days you will win the big prize.”
I always play the same numbers: 2, 6, 11, 16, 22,
and 31. I even found this old ticket from last year in
a kitchen drawer. It has those same numbers on it.
On October 10, I went to the same 7-Eleven, as
usual, to play my regular numbers.
The next morning on the way to work on the bus,
Max Mixup and I were checking our tickets when
the bus came to a sudden stop. We both almost
landed on the floor, and had to drop everything in
order to grab hold of the railing and save ourselves
from falling. As a result, everything went flying,
newspapers, lunches, etc. It took us a few moments
to pick up all the items, and by the time we were
done, the bus had arrived at my stop. We never had
the chance to check our numbers.
Later that day, during a break at work, I again
began reading the newspaper. I was overjoyed to
see my regular numbers listed as the winning
numbers. But when I pulled my ticket out of my
pocket, I was confused to see that the ticket had
none of my regular numbers listed. Instead there
were six numbers that I have never played. When
I saw Max Mixup’s picture in the paper the next
day as the $10 million winner, I realized what had
happened. Our tickets had gotten mixed up when
we fell on the bus.
The winning ticket and all the money is rightfully
mine. I do not think that Max intentionally switched
tickets, but now that he realizes what happened, he
has to return the ticket and all the money to me!
Testimony of John Clerk
My name is John Clerk and I have worked in the
7-Eleven for 15 years, where the winning ticket was
purchased. During that time I have seen many
people buy winning tickets, but never has this store
sold the grand prize ticket. All of us in the store
were very excited when we found out that the
winning ticket had been purchased at this store. We
were all wondering who had won it. Would it be
someone that we all would recognize as a regular
customer?
We were surprised to find out that the winner was
Max Mixup. None of us recognized him as a regular
customer here. He must have come in just that one
time to buy the lottery ticket.
Larry Luckner is a regular customer at our store.
I know that he is an honest man and have never
seen or heard him lie about anything. He comes in
every week to purchase his weekly ticket for the
jackpot. I cannot swear what all six of his numbers
are, but I do recall what two of his regular numbers
are: 22 and 31. Both of those numbers appeared on
the winning ticket.
I believe that the money is rightfully Larry’s and it
is not fair that someone else is trying to steal it from
him.
Testimony of Max Mixup
My name is Max Mixup and I ride the bus every
morning with Mr. Luckner. On the morning of
October 11, I was on the bus with him when the bus
stopped suddenly. We had been in the middle of
checking our tickets when this happened. Mr.
Luckner is correct about that. But he is incorrect
about claiming that our tickets got mixed up.
First of all, my ticket and lunch bag went flying
in one direction, his in another. I honestly do not
think the ticket was out of my hand for more than
two seconds. It flew in the opposite direction from
Mr. Luckner, and I caught it just as it was landing on
another passenger’s foot. Mr. Luckner’s ticket and
paper flew out of his hand and went in a completely
different direction. There was no opportunity for
the tickets to become switched.
Secondly, although I do not often shop at that
7-Eleven, I did have a good reason for being in that
neighborhood on that particular day. I was visiting
my mother in the hospital, which is right around the
corner from the 7-Eleven. Records there will show
that I signed in as a visitor to see her on October 10
at 4 p.m. I left the hospital and stopped in at the 7Eleven on my way back to the bus stop to go home.
I purchased the winning ticket at the 7-Eleven, not
selecting any special numbers, but allowing the
13
machine to give me a random selection of numbers.
INSTRUCTIONS
The ticket is rightfully mine. It was bought legally,
there was no accidental mix-up of tickets, and it is
not fair to take away the $10 million that I won fair
and square.
The plaintiff must prove by a preponderance of the
evidence that the lottery ticket is rightfully his and
that Max Mixup accidentally picked up the wrong
ticket on the bus. The jury must look at the facts to
determine ownership of the lottery ticket.
Testimony of Sally C. Less
Hello, my name is Sally C. Less. I have been a
regular passenger on the Number 3 bus to
downtown Luckyville for 10 years. I work one block
from the Number 3 bus stop so it is a convenient
way for me to get to my job at an eye doctor’s
office. I work as a receptionist for the eye doctor I even get my glasses for half price.
I have been acquainted with both Larry Luckner
and Max Mixup ever since I started riding the 8:15
a.m. bus with them every morning. They are both
very nice gentlemen and I feel bad about this
argument they are having.
SUB-ISSUES
1. Were the tickets mixed up accidentally
on the bus?
2. Is the defendant telling the truth about how
he purchased his lottery ticket?
CONCEPTS
1. Theft by deception.
3. Evidence in plain view.
On October 11, we were all riding the bus
4. Burden of proof.
together, as usual. Larry often carries his
5. Chattel – personal property of another which
newspaper onto the bus and on this particular
may be a living animal , not a human being, or
morning, the two men were studying the newspaper
an inanimate object.
together to see if either of them had won the lottery.
I wasn’t really paying attention to them until the bus
L AW S
came to a sudden stop, causing them both to fall
forward and drop their newspaper and tickets.
1. The lottery commission will not honor claims to
prizes when it is determined that the lottery
I happened to be watching Max at that moment
ticket has been stolen.
and I noticed that his ticket flew right out of his
hand and onto my shoe. He came over and picked
it up immediately. There is no question in my mind
that Max was picking up his own ticket. I saw the
whole thing perfectly.
2. Lottery procedures require that if no ticket is
produced, the person is not entitled to the
winnings.
3. Conversion – An unauthorized taking of
personal property belonging to another. It is
also considered any unauthorized act which
deprives another person of his property
permanently.
14
Wild Safari Rampage
SCHOOL
STUDENTS
Eleanor G. Hewitt Intermediate School
Ringwood
Sarah Bright, Eric Cole, Brendan Cooper,
Alexandra Faeth, Lindsay Garrison,
Hannah Glaser, Emma Kane, Julie Keefe,
Ashley Nichols, Victoria Uthman,
Matthew Woodruff
TEACHER
Susan Calcagno
FA C T S
One of the attractions in the Wild Safari
Wonderland Amusement Park was a petting zoo,
containing a number of baby animals for children
to touch and play with. The zoo featured a baby
elephant, which children could ride for a small fee.
Next to the zoo was a concession stand that gave
people a chance to try their ability to hit a target
with paintball guns. Those who hit the bull’s-eye
would win a stuffed animal like a hippopotamus
or a zebra.
On the afternoon of July 10, 2005 customers were
paying their money and trying their luck shooting
one of the paintball guns. A young boy of five,
Gerald Harrison, thought he would try his luck, too.
However, his aim was so bad that instead of hitting
the back of the booth where the targets were
located, his shot went wild and hit the baby
elephant in the petting zoo next to the shooting
gallery. The elephant was so frightened that he
went on a rampage down the midway, causing
damage to the park and knocking over a power
pole. The pole fell and ripped out wires from the
neighboring poles. As a result, the power in the
entire neighborhood was cut and a number of
people were trapped on the Ferris wheel and the
roller coaster for several hours. The owner of the
amusement park hooked up a small generator to
create enough power to get people off the rides.
As a result of the elephant’s rampage, the park
had to close for three days until the power pole was
repaired and the electricity was restored. Bill
Remington, owner of the Wild Safari Wonderland
Amusement Park, is suing Gerald Harrison’s parents
for $100,000 for damages and loss of business.
Gerald’s mother states that the paintball guns were
faulty and the resulting damage is the park’s fault.
ISSUE
Are Gerald’s parents responsible for the damage
caused to the Wild Safari Wonderland Amusement
Park by their young son when his shot with a
paintball gun went wild?
WITNESSES
For the Plaintiff
Bill Remington
Johnny Temple
For the Defense
Stephanie Harrison
Tom McGee
15
Testimony of Bill Remington
I own the Wild Safa ri Wo n d e rland Amusement
Pa rk. We have been in business for over 20 years
and have never had an incident like this.
Eve rything was running smoothly on Ju ly 10. It
was a nice afternoon, not too hot, and the park
was full of people. I was in my office when all of
a sudden I heard a loud crash from the middle of
the park .
When I found out that a little kid had started all
the pandemonium I was furious. I decided to sue
his parents because he should never have been
allowed to shoot one of those paintball guns. He
was much too young to handle them. What were the
parents thinking? The parents should pay for all the
damage and all the income we lost.
Testimony of Johnny Temple
I was on the Ferris wheel on the afternoon of July
10, 2005, enjoying the view and the nice breeze.
All of a sudden I heard this loud sound over by
I ran outside just in time to see our baby elephant the petting zoo. I looked over quickly and saw a
running off down the midway toward the wild
baby elephant thrashing about. His eyes were
animal exhibit. Then I noticed that the power pole
wide and he looked like he was terrified of somethat supplies power to the entire park was swaying
thing. Then he charged out of the zoo area and
back and forth. A few minutes later it hit the ground headed straight for a large power pole in the midwith a crash. That cut all the power to
dle of the park. When the elephant hit the pole, it
the rides and the concession stands. People on
swayed for a minute, and then fell with a crash.
the Ferris wheel and the roller coaster began
Wires were flying everywhere. And then the Ferris
screaming for help to get down from the ride.
wheel came to a stop with a loud screech. I was
stuck at the top of the ride for about two hours.
I got a small generator we keep for emergencies
Finally someone hooked up a generator and they
and was able to restore enough power to get those
were able to get us all off. You can bet I’ll never
people off the rides. We had to close the park for
the rest of the afternoon, and we were closed for the ride a Ferris wheel again!
next three days while the power was restored.
Testimony of Stephanie Harrison
What a nightmare! I lost three and a half days of
I am Gerald’s mother. My son didn’t mean to
business.
cause any problems; he just wanted to try shooting
the paintball guns. No one told him he was too
young. He went up to the booth, put his money
down on the counter and picked up one of the
guns. There was no warning sign or age limit that
I could see. I saw Gerald pick up the gun and
before he could even point it toward the back of
the booth where the targets were, the gun just went
off in his hand. It’s not his fault that the paint hit the
baby elephant. He wasn’t even trying to aim the
gun. There was no sign stating age or height
requirements for that concession. The guy
running the booth didn’t offer to help Gerald or
even explain how to hold the gun. The park
should never have put a shooting concession right
next to the petting zoo. The whole incident is the
park’s fault for having such a dangerous animal
on its premises.
16
Testimony of Tom McGee
SUB-ISSUES
I was working at the paintball gun concession
stand on the afternoon of July 10. I didn’t even see
this little kid come up to the booth; he was so short
he could barely see over the counter. He must have
put his money down and picked up a gun when I
was helping someone else. Before I could even
turn around, he had shot the gun. He didn’t wait for
me to explain what to do. He didn’t even aim at the
targets. When the kid pulled the trigger, the gun
was more powerful than he could handle. The gun
recoiled and went off wildly.
1. Should parents be held responsible for the
actions of their minor children?
The next thing I saw was the baby elephant in the
petting zoo next to my booth raise its trunk and let
out a loud bellow. There was a large spot of orange
paint on its side. The elephant obviously was very
frightened and began thrashing around. The boy
dropped the gun and looked very surprised. He
tried to run away and hide behind the cotton candy
machine. I told my helper to watch the stand and I
took off after the boy. I caught him before he had
gotten very far. The kid’s mother showed up a
moment later.
2. Did the Wild Safari Wonderland Amusement
Park provide proper supervision at its paintball
concession stand and/or at its petting zoo?
CONCEPTS
1. Burden of proof.
3. Parental responsibility.
4. Damages.
L AW
Amusement parks are required to provide
adequate safety precautions and protective
measures at all concessions and rides to ensure
the safety and welfare of the public.
INSTRUCTIONS
The plaintiff must prove by a preponderance
of the evidence that Gerald Harrison caused the
baby elephant at the Wild Safari Wonderland
Amusement Park to go on a rampage, and being
a minor, his parents are responsible for the damage
that resulted.
17
Static Shock
SCHOOL
Brookdale Avenue School
Verona
Grade 4, Second Place
TEACHER
Connie Petner
When the guard inspected Robin’s heavy coat, he
found a $300 designer scarf from Board and Bailers
stuck to the inside lining of her coat.
FA C T S
On a cold afternoon in December Robin Kash
and her teenage friend Julie Nilehall were window
shopping at Mall Park Plaza. They came upon their
favorite store, Board and Bailers, which was already
busy with holiday shoppers. Robin and Julie
entered the store and started to look around.
They went from counter to counter in the cosmetics
department trying on new shades of make-up and
different perfumes.
Robin claimed that she had no idea that the scarf
was there and she is innocent. The security guard,
Gus Getcha, followed the Board and Bailers’ policy
for shoplifters. He called the local police to arrest
Robin Kash, who was released to her parents’ custody.
ISSUE
Finally, Dee Dee Deal, a veteran salesclerk at the
store, noticed the girls browsing around the counter
handling all the merchandise. She approached
them to see if they needed help, but they politely
refused. Following the new Board and Bailers’ rules
to lower theft in the store during the busy holidays,
Dee Dee saw the girls as suspicious and alerted
security.
Is Robin Kash guilty of stealing an expensive
designer scarf from Board and Bailers?
WITNESSES
For the Prosecution
The girls were attracted to the accessories department. Their eyes were glued to some high-fashion,
designer scarves they spotted. They took off their
coats and tried on different color scarves to see
which looked best. The scarves were so expensive,
and their wallets were almost empty. The girls left
the store to make the 5 p.m. movie at the Mall Park
Theater.
As the girls hurried through the large doors of the
store into the mall, the alarm went off. Robin and
Julie continued to make a beeline for the movie
theater in the middle of the mall. Security guard
Gus Getcha ran after them into the crowded movie
lobby and brought the girls back into the store.
Gus Getcha
Dee Dee Deal
For the Defense
Robin Kash
Julie Nilehall
Testimony of Gus Getcha
I work as a security guard at Board and Bailers in
Mall Park Plaza. I was on duty late in the afternoon
on December 12, 2005, when I got a call from Dee
Dee Deal, one of the store’s top salesclerks. She
18
alerted me to two teenage girls who were hanging
around handling all the merchandise. She wanted
me to check it out. When Dee Dee calls, I listen.
She’s been around the store for over 20 years and
she knows when something is suspicious.
The store was fairly busy with the beginning of
holiday shopping, so by the time I reached the
location, the girls had hightailed it to the door.
As they rushed through it, the alarm went off.
I took off after them and finally caught up just as
they were about to enter the Mall Park Theater to
hide in the movie crowd. I made them return
to the store.
They claimed they didn’t hear the alarm and
didn’t steal anything. Doing my job, I asked them
to remove their heavy coats. I examined Robin
Kash’s coat and sure enough, stuck to the lining was
one of our most expensive, designer scarves. It is
worth well over $300. The girls acted so shocked
and Robin Kash denied taking the scarf. If the girl
didn’t steal the scarf, then how did it get so safely
stuck inside her coat?
Board and Bailers has a very strong shoplifting
policy. With the upcoming holiday shopping,
we were all just trained in what to look out for to
protect our merchandise from shoplifters. These
girls were acting very suspicious and knew just
what they were doing. Robin Kash hid that scarf
inside her coat and then the girls ran to hide in the
crowded, darkened movie theater. I had to call the
local police to come to arrest Robin Kash for
shoplifting that expensive scarf.
Testimony of Dee Dee Deal
My name is Dee Dee Deal and I have been
a salesclerk at Board and Bailers for over 20
years. Things have sure changed around the
store over the years. There was a time when we
would help our customers find the merchandise
they wanted – one that would fit the price they
could afford. Now people come into our store
and take things they want without paying for
them. That’s stealing.It makes me so angry!
This is why Board and Bailers trains its
salespeople to be on the lookout for suspicious
shoppers. What irritates me is salespeople
wind up being security guards!
Well, on December 12, 2005, it was getting busy
in my cosmetics and accessories department. I
noticed two young girls browsing around my
counters handling all the merchandise. They were
opening all the make-up samples and leaving them
all over my counters. Even though I was busy, I
approached them to see if they needed any help,
but they refused. I thought I might discourage them
and they would leave. Instead they headed over to
the accessories and started trying on our expensive
Durderry scarves. It looked like they were rubbing
them on their heads and draping them around their
necks. This looked very suspicious to me so I
called security and asked Gus Getcha to come
down and check things. The girls had taken off
their coats. I am sure it was then that Robin Kash
stuck the scarf into her coat!
Testimony of Robin Kash
My name is Robin Kash. I’m 16 years old. After
school on December 12, 2005, my friend, Julie
Nilehall, and I were going to catch a late afternoon
movie at the Mall Park Theater. We were a bit early
and it was really cold outside so we went window
shopping in the mall. We went into Board and
Bailers to look around. We didn’t have much money,
but trying on the sample make-up and perfumes
doesn’t cost anything. So we spent some time trying
on new shades and scents. When the salesclerk
came up to us, we thought she didn’t want us at her
counter so we moved away to where the scarves
were. There were really cool designer scarves on
display. We took off our coats to try them on and
see which ones looked the best. When we realized
it was close to movie time, we picked up our coats
and rushed to the door. We didn’t want to miss our
movie so we headed to the theater as fast as we
could.
Next thing we knew, the security guard from
Board and Bailers was pulling us back to the
store from the theater lobby. He said that we made
the alarm go off because we were stealing store
merchandise. I didn’t know what to think. I heard
that alarm, but those store alarms are always going
off in the mall. No one ever pays any attention. I
was so humiliated and everyone was looking at us.
I was totally shocked when security guard Getcha
found the bright red designer scarf stuck to the
19
lining of my coat. The scarf must have accidentally
clung to the lining of my coat without me noticing. It
can get a lot of static.
INSTRUCTIONS
The jury must find beyond a reasonable doubt
whether Robin Kash is guilty of shoplifting the
designer scarf from Board and Bailers.
I would never take anything that does not belong
to me. Besides, the scarf isn’t one that I would want.
It doesn’t even match my boots and coat. Why
would I take something that I don’t even like?
SUB-ISSUES
Testimony of Julie Nilehall
1. Is there enough evidence to convict Robin Kash
of shoplifting?
I am Julie Nilehall, Robin’s best friend. She is lots
of fun to be with and would never steal anything. We
were having a good time at the mall looking for
things for our holiday wish list at Board and Bailers.
Robin and I love fashion and we like to look at all
the new make-up shades and accessories. We were
just taking a look while we had some spare time.
We are very busy with all our school work and
activities. So, when we had some free time, we
wanted to do it all.
2. How did the designer scarf get into the lining of
the defendant’s coat?
3. Is Dee Dee Deal a credible witness?
4. Is Julie Nilehall a credible witness?
CONCEPTS
1. Burden of proof - beyond a reasonable doubt.
Before we knew it, we needed to hurry because
the 5 p.m. movie was going to start. We left the store L AW
and went out the door together. Maybe the alarm
Shoplifting is stealing. It is against the law to steal
went off and we didn’t even notice. I can’t even
or to take something that does not belong to you
count how many times people have set off the store without paying for it. If Robin Kash is found guilty of
alarms by accident. Who even notices anymore?
shoplifting she will be fined, imprisoned or both.
We rushed to the theater and just as we were
entering the lobby, security guard Getcha appears
accusing us of stealing. He made us come back
to the store and examined our coats. I watched
security guard Getcha remove the scarf from the
lining of Robin’s coat. It was stuck and we hadn’t
noticed. This whole thing is a giant mistake. Robin
left the store with the scarf clinging to her coat
lining completely by accident. I know Robin would
never take something that doesn’t belong to her.
You must believe us. Robin is innocent!
20
Mining Tour
SCHOOL
STUDENTS
Pierrepont School
Rutherford
Alexander Hayda, James Howell, Geovanny Lara
TEACHER
Eileen D. Corbran
FA C T S
On January 15, 2005, 20 people went to a mining
tour. The History Mine owners and all their signs
said the location was 100 percent secure. Before
tourists were allowed to enter the mine, they all got
hard hats made of plastic and the tour guide went
over the rules.
WITNESSES
For the Plaintiff
Cole Lapse
Clinton Marks
For the Defense
Boss S.
Bob Tour, the tour guide, began to gather the
tourists for his last tour of the day. As he began the Bob Tour
tour, he stopped at the entrance to make sure there
were no questions about the rules he had just read.
WITNESS
Jack Hammer and Cole Lapse snuck inside ahead of
Bob Tour.
STAT E M E N T S
Testimony of Cole Lapse
When Bob Tour and the rest of the people went
inside, Jack Hammer and Cole Lapse noticed a new
automatic jackhammer in the wall without knowing
what it could do. Jack Hammer ran his hand around
it thinking it was a drill. Bob Tour soon realized that
Jack Hammer and Cole Lapse were missing. Bob
Tour took off after them and following behind him
was the crowd. When Bob Tour got there, Jack
Hammer had pulled the lever on the pneumatic
drill. All of a sudden it began vibrating. The
pneumatic drill went wild and hit five beams. Then
the roof of the mine collapsed and it killed five
people and injured several others. Consequently,
the mining tour company is being sued for
negligence and wrongful death.
On January 15, 2005 Jack Hammer and I were in a
crowd of about 20 people. We were playing around
and Jack Hammer saw an abandoned room with a
big switch on a pneumatic drill. As Jack approached
the drill, I said, “You don’t know what that switch
could do.” Then he went inside while I stayed the
outside of the room. He pulled the lever and the
whole ceiling collapsed on Jack Hammer. He died
and I broke my arm and had a severe concussion
that made me stay in bed for two months. Also, my
mom did not let me participate in any sports or do
any stuff with people for a while. History Mine is
responsible for the death of Jack Hammer and my
serious injuries.
Testimony of Clinton Marks
ISSUE
Was the mining tour business responsible for
many injuries and deaths?
My name is Clinton Marks. It was January 15, 2005
when I decided to go on a mine tour. They said it
was 100 percent secure. When we were standing
21
outside with the tour group, I saw someone go
inside the mine. Bob Tour took off after him saying,
“Follow me!” Later, when we were 20 feet in the
mine, I heard a hammering sound. It all happened
so quickly, there wasn’t enough time to react. The
roof of the mine started falling down on us! Now I
have a broken arm and it is clearly the mining business’ fault. I am suffering a lot and the people who
died even suffered more. History Mine must be
held responsible.
SUB-ISSUES
1. Did Jack Hammer deliberately turn on the
machine?
2. Should Jack’s and Cole’s parents have been
watching their children?
3. Why didn’t the owners of the mine put a sign on
the room that said “Do Not Enter?”
4. Does History Mine have any right to claim that it
is 100 percent safe?
Testimony of Boss S.
I’m Boss S. I’m the boss of History Mine and
children such as Jack Hammer and Cole Lapse
should not have been there. I was in the middle of
an important phone call when those crazy kids, Jack
and Cole, showed up, destroyed my mine, and killed
some of the tourists. Nine-year-old Jack and tenyear-old Cole should have known better than to
turn on some power switch they found laying
around. They destroyed my beautiful mine!
Someone needs to accept responsibility for all this.
People died needlessly and the cost for repairs to
the mineshaft are huge.
Testimony of Bob Tour
On January 15, 2005 I was the tour guide at the
History Mine. Before the tour began, I told the
crowd that the mine was 100 percent safe. There
was a large crowd that I was in charge of. As I
turned around and looked back, I saw two kids
take off running. I ran after them. They both ran
into an abandoned room and one kid ran up to the
pneumatic drill’s switch. He pulled the switch and
then the ceiling collapsed. One kid broke his arm
and had a severe concussion and the other kid died
from the pressure of the ceiling on top of him. I do
not feel History Mine should be held liable for the
death of Jack Hammer and the injury of Cole Lapse.
CONCEPTS
1. Burden of proof: beyond a reasonable doubt.
2. Responsibility of guardians.
3. False advertising.
4. Credibility of the witnesses.
5. Wrongful death.
6. Responsibility of actions taken.
7. Damages.
8. Negligence.
9. Trespassing.
L AW S
1. A wrongful death lawsuit alleges that the
decedent was killed as a result of the
negligence (or other liability on part of the
defendant), and that the surviving dependents
or beneficiaries are entitled to monetary
damages as a result of the defendant’s conduct.
2. In law, especially tort law, the breach of an
obligation (duty) to act with care, or the failure
to act as a reasonable and a prudent person
would under similar circumstances is
considered when deciding a case.
INSTRUCTIONS
The jury needs to decide who is responsible for
the death of Jack Hammer and four tourists and the
serious injury of Cole Lapse and others.
22
It’s Electric!
SCHOOL
Forest Avenue School
Verona
TEACHER
Connie Petner
FA C T S
Trevor G. Clef was the lead guitarist for his band,
Shock Rockers. He was really excited because on
the upcoming weekend his band had a gig at a
popular city club. Trevor knew that this would be
the big break the band was waiting for and it would
rocket them into stardom. Trevor was always breaking the strings on his electric guitar when he hit
loud chords. He needed to buy a new guitar so this
wouldn’t happen during his big concert. This
seemed like the perfect time.
On Monday, January 9, 2006, Trevor G. Clef went
to Guitars Galore to buy a new guitar. Trevor was
helped by Betty Ubuy, a salesclerk at the store,
who said she would give him a great deal on a new
guitar sold exclusively by Guitars Galore. She
showed him the newest guitar in the store. It was
fashioned after the one used by the rock star,
Crazy Cobang, who is well known for his loud
chords. Betty told Trevor that this guitar’s strings
are virtually break-resistant. Trevor was so
impressed he decided to buy it immediately.
As soon as Trevor got home, he quickly set up
in his studio to practice. He plugged the new
guitar into his amplification system made by LOUD!
Inc. When Trevor played a chord, the guitar
generated an electric shock. Trevor was burned on
his arms badly. The shock also burned out his
amplification system and the new guitar. Trevor
required extensive treatment for his burns at the
hospital and the band was not able to play at the
big gig.
Trevor G. Clef is suing Guitars Galore, Inc. for
medical expenses, loss of income and pain and
suffering. He claims that the electric guitar was
an unsafe and hazardous product that caused the
shock and his injuries. He also blames the
company for loss of a job that could have secured
the band’s success in the music industry. Guitars
Galore, Inc. maintains that they bear no liability
since warnings against use of the guitar with
LOUD! amps were included on the box.
ISSUE
Is Guitars Galore, Inc. liable for the injuries and
damages to Trevor G. Clef?
WITNESSES
For the Plaintiff
Trevor G. Clef
Ken Seymour
For the Defense
Betty Ubuy
Sal A. Sharp
23
Testimony of Trevor G. Clef
I am the lead guitarist for the rock band, Shock
Rockers. I was really excited about the next gig
that our band had booked for the weekend at a
high-end club in the city. This would be a giant
break for us because many of the bands that play
there move on to big contracts in the music world.
I knew that after 10 years of hard work together,
this job would rocket us into stardom. I was also a
bit nervous because when I hit loud chords on my
electric guitar, the strings would always break.
I knew that I needed a new, high–tech guitar for
this job. I decided that this was the perfect time
to make this investment in our future, so I went over
to Guitars Galore.
When I got to the store, there were so many
guitars to choose from that I needed some help. I
got a salesperson, Betty Ubuy, to help me decide.
She recommended the newest, high-tech guitar in
the store, a model made exclusively for Guitars
Galore. When she said that it was made like the
one that the famous star, Crazy Cobang, uses and
that the strings are guaranteed not to break, I knew
this guitar was for me. I bought it immediately.
I’ve played the electric guitar all my life and had
many lessons, so I know how to use the instrument
professionally and safely. What Betty Ubuy never
told me was how dangerous the guitar was! You
would think that a guitar that was so up to date
would work with everything.
When I got home with my new guitar, I was
anxious to start practicing. I went into my studio
and tore open the case. I plugged the guitar into
my LOUD! amp system and started running my
fingers down the strings. That’s the last thing that I
remember clearly. When things started making
sense again, I was in the hospital being treated for
the burns caused by the ripping electric shock.
This is the fault of that guitar and Guitars Galore
needs to pay! I have been severely injured and
my studio is a mess. I have been out of work and
my band has lost its big chance for fame because
of that company’s defective product and irresponsibility.
Testimony of Ken Seymour
I am a member of the Shock Rockers band
and a lifelong friend of Trevor G. Clef. We grew
up together and both went to college to study
music. When we were teenagers, we had a band
with some other school friends and we would
frequently practice in Trevor’s garage. I hate to
see such a good friend and a fellow musician hurt
this way.
After Trevor purchased his new guitar at Guitars
Galore, he called me on my cell to come over to
his studio to rehearse. He was anxious to “break in”
his new instrument and get ready for our big night.
Trevor has a studio at his house that our band uses
for practice and to create new routines. We have
been going over there for years, kind of like the
old days in Trevor’s garage. In any case, there is
nothing unusual about Trevor’s setup in his studio.
Why would a normal guitar plugged into a normal
amp system cause such an immense shock? This is
just WRONG, if you know what I mean!
When Trevor called my cell, I headed right over to
his studio. It was a big disaster. Trevor was burned
and in a stupor in his studio. His new instrument
was set up and smoldering. I got him to the hospital
immediately.
Trevor has suffered so much from his burns and
he cannot return to work. Our band lost the biggest
job of its life, and without Trevor, we are falling
apart. Guitars Galore should have warned Trevor
of the dangers of that guitar!
Testimony of Betty Ubuy
I am a salesperson at Guitars Galore. I was early
that morning that Mr. Clef was browsing in our
store. It appeared he was looking for something in
particular and he asked me about the guitars. I
thought it best to help him even though I wasn’t
officially clocked in yet. He asked about a hightech model with break-resistant strings for hitting
high chords. I showed him a superior quality
product that we carry only at Guitars Galore. This
guitar is just like the ones used by many popular
rock groups. That was all that I seemed to be able
to say to Mr. Clef before he took out his wallet and
headed to the cashier.
24
Trevor G. Clef spoke about being a professional
musician and how he played in a rock band. He
seemed to know a lot about instruments and exactly
what he needed to buy for himself. He didn’t ask
much about the guitar in the store and seemed to
know what he was doing. Besides, an owner’s
manual comes with each guitar. This manual states
everything you would need to know about this
model, including all the warnings about its
limitations.
I am a well-trained employee and I’ve even been
named “Employee of the Month.” I always give my
customers all the time and attention that they need.
Mr. Clef did not ask very many questions about the
guitar. If he had, then this whole accident could
have been avoided.
SUB-ISSUES
1. Did Trevor G. Clef misuse the guitar?
2. Should Trevor G. Clef have made himself aware
of the guitar’s limitations and warnings?
4. Should the warnings have been more obvious
and clear to the consumer?
5. Should Betty Ubuy have told the plaintiff of the
guitar’s possible hazards when she sold it?
I am president of the company, Guitars Galore,
Inc. I have been working hard running this
company for 39 years. We are one of the oldest and
best retailers of musical instruments and supplies in
the tri-state area. The guitar and the instruction
manual were tested and inspected at our factory.
All our products undergo much testing and meet
tough inspection standards before they are
approved for use by the public.
I feel sorry for Mr. Clef, but he completely misused our guitar. Guitars Galore should not have to
pay for his injuries and damages. We did not cause
the shock and fire. He caused the danger himself
because he was not cautious with a new product.
He should have made himself more aware.
The plaintiff must convince the jury that Guitars
Galore, Inc. is responsible for the electric shock and
is liable for Trevor G. Clef’s personal injury, damage
to his property, and loss of future income.
3. Was Guitars Galore negligent for selling a guitar
that was not compatible with LOUD! amps?
Testimony of Sal A. Sharp
Mr. Trevor G. Clef did not pay attention to the
warnings posted by our company about this
product. These warnings are stated in the owner’s
manual and printed clearly on the sticker on the
box. The manual clearly tells the user that the
guitar is not designed to be used with some
amplification systems, including the one made by
LOUD! Inc. This warning cautions that misuse could
cause serious shocks and fires.
INSTRUCTIONS
6. Was the guitar defective?
CONCEPTS
1. Product liability.
2. Responsibility of sales agent/ company.
3. Precautions by the consumer.
4. Personal injury and damages.
L AW S
1. Negligence – A person must exercise that
degree of care for the safety of others that a
reasonably prudent person would exercise.
A person who causes injury or a loss due to
negligence is liable.
2. Product Liability – A manufacturer is responsible
to test its product for safety and limitations and
to warn the public of the product’s limitations. A
manufacturer is liable for injuries and damages
caused as a result of a product known to be
possibly dangerous which was sold without
proper warnings.
25
Is Left, Right?
SCHOOL
STUDENTS
Upper Township Elementary School
Marmora
Evan Callahan, Ashley Conrad, Sarah Skeels,
Sara Kelly, Julie Mason, Christine Mullan,
Kelly O’Connor, Rosie Williams, Veronica Williams
TEACHER
Helen Clark
FA C T S
ISSUE
Every year in April, a national tennis tournament
is held in Florida. This year, tennis legend Nonie
Nomore was entered to compete for the title. While
on the court in the final match, she fell and injured
her left knee. She was rushed to the emergency
room at Quack Memorial Hospital, where Nurse Ima
Sorry was in charge. She paged Dr. Yule B. Betta for
immediate care. Nonie was being prepared for
anesthesia minutes before Dr. Betta got there.
The doctor asked if it was her left knee. Due to
the anesthesia, she couldn’t answer “yes” and
said “right.”
Is Dr. Yule B. Betta responsible for Nonie Nomore’s
knee surgery mix-up?
The surgery was said to have been successful
so Nonie went to recovery afterwards. Shortly after
the anesthesia wore off, Nonie realized that they
had worked on the wrong knee. Her other knee
was still causing her severe pain. Nonie Nomore is
now suing Quack Memorial Hospital for the cost
of surgery for both knees. She is suing them for
negligence. She feels the doctor was negligent in
that he did not correctly identify the injured knee
to be worked on. Nonie still has the original painful
knee as well as the pain and suffering from an
unnecessary surgery. Not only did she need to get
the original knee fixed, but she also lost
additional time to work on and play
tennis. She also lost the opportunity
to fully enjoy it.
26
WITNESSES
For the Plaintiff
Nonie Nomore
Teach M. Well
For the Defense
Dr. Yule B. Betta
Nurse Ima Sorry
Testimony of Nonie Nomore
I was attending a tennis tournament. It was a huge
national championship event. The other tennis
opponent hit the ball far away from me. I went to hit
the ball by diving into it. Of course, I hit it, but I fell
on my left knee and hurt it really bad. My coach
sent me to him, Dr.Yule B. Betta. They rushed me to
the hospital. Everyone had to change their plans.
A nurse escorted me to the surgery room, which
might I add, was not very friendly looking.
Anyway, the nurse gave me the anesthesia as Dr.
Betta walked in. The doctor asked me if they
needed to work on my left knee, I said “right,”
meaning yes, but I was not able to say more
because the anesthesia was getting to me, and then
I fell asleep. He should have known what I meant.
I woke up about three hours after the surgery.
I had pain in my knee; I figured it was from the
surgery. I lifted up my ugly hospital gown to check
my knee. It looked like they hadn’t even worked on
it. My right knee hurt too, so I checked that. It was
swollen and wrapped in hideous gray bandages.
I called for the unhelpful nurse. I asked her for
the doctor. She said he was busy, but he would be
in later.
She told me that they had worked on the wrong
knee and she still needed her original knee to be
fixed. I advised her to start a lawsuit suing Quack
Memorial Hospital.
Testimony of Dr. Yule B. Betta
I am a renowned surgeon in the greater Florida
area. I have treated mayors, superstars, and
presidents. Never once has anything like this ever
happened to me. As I recall, it was a very busy day
when I was called down to the emergency room.
I still had blood on my arm that needed to be
washed off so the other germs in the blood wouldn’t
infect the patient. I trusted the nurses to start the
preparation for surgery while I took care of a few
last-minute procedures.
Just as the patient was about to go under, I asked
her if it was her left knee. We originally thought
that it was her left knee, but when she said “right,”
we thought she corrected us. I knew it was urgent
so I immediately finished the replacement and went
back to the other patients. A few hours after the
surgery I stopped in to see Nonie and asked her
if she felt okay. She said yes so I thought she
was fine.
When he finally came in, he told me the surgery
went well and asked me if I had any questions.
Then I yelled at him, saying he worked on the
wrong knee of a precious star. I also asked to make
a call to my clueless coach. Obviously, that hospital
was not good enough for me.
I still had other patients who were hurt much
worse than Nonie. One person had an accident
with a chainsaw and had his arm ripped off, another
had a gunshot wound, and an elderly gentleman
had a hip injury due to falling down the steps.
I am surprised that I could even concentrate on
Nonie’s operation. So how am I responsible for this?
Nonie said it was the right knee. I heard it with my
own ears.
Testimony of Teach M. Well
Testimony of Nurse Ima Sorry
I have been Nonie’s coach since she was two
years old. Nonie has always been an extraordinary
athlete. This year in the tournament that Nonie
entered she had sponsors such as Jen and Mary Ice
Cream, Larbucks Coffee, and many others. In the
final match, Nonie dove in to hit the ball. Once she
hit it, she fell and shattered her left knee. I ran out
on the court and called 911.
I am a registered nurse and have been employed
by Quack Memorial Hospital for the last five years.
I was the charge nurse on the day that Nonie
Nomore was rushed into the emergency room. That
was a crazy day for all of us in the emergency room.
The room was noisy and busy.
Nonie was rushed to the emergency room in
Quack Memorial Hospital. After the surgery, we
thought all had gone well until Nonie called me.
After I checked Nonie’s vital signs, I called for
Dr. Yule B. Betta, the top surgeon of Quack Memorial
Hospital. Dr. Betta was tied up with an operation but
said he would be down right away. I prepared Miss
Nomore, the tennis superstar, for her procedure.
27
I gave Nonie anesthesia. Before long Dr. Betta
was alongside me and ready to perform the knee
replacement surgery. Dr. Betta asked Miss Nomore
if it was her right knee, and she said yes. We
started the surgery.
CONCEPTS
1. Negligence.
2. Forseeability.
3. Causation.
Shortly after it, Miss Nomore buzzed the nurse’s
4. Liability.
station and requested me to come in immediately.
She asked which knee we had worked on. I told her
L AW S
it was her right knee. I was called to the station for
1. Negligence is the breach of the duty by the
another need so I left Nonie’s room.
defendant to exercise reasonable care to protect
The next thing I knew after returning from a twothe plaintiff from forseeable risk of harm and
week vacation, we were being sued. I’m sorry for
where the plaintiff suffers damage.
the mix-up, but we only worked on the knee that
2. Forseeability: In determining whether
she told us to.
reasonable care has been exercised, you will
consider whether the defendant ought to have
INSTRUCTIONS
foreseen that the probable consequence of his
The plaintiff must prove that the defendant is
or her act or the failure to act would have been
responsible for the unnecessary knee surgery
some injury.
performed on Miss Nonie Nomore.
3. Causation: In order to find the defendant liable,
you must find that the defendant’s negligence
was a proximate cause of the injury. By
proximate cause it is meant that the negligence
was a substantial factor which singularly, or in
combination with another cause, brought about
the injury.
SUB-ISSUES
1. Was Nonie Nomore responsible for her own
mistake prior to her surgery?
2. Are Dr. Yule B. Betta and/or Nurse Ima Sorry
responsible for the unnecessary surgery on the
wrong knee?
3. Should Nonie have to pay for the unnecessary
knee surgery?
4. Damages For Personal Injury: If the defendant
is found to be negligent, the plaintiff is to be
compensated for all his/her damages (past,
present, and prospective), both special and
general. This includes fair and adequate
compensation for medical expenses and lost
earnings plus amounts for pain and suffering.
28
The Case of
the Family Feud
SCHOOL
STUDENTS
Yantacaw School
Nutley
Daniel Buckley, Lorraine Carlucci, Alex Duva,
Antoinette Gardner, Jaclyn Guglielmi,
Pamela Henning, Christine Kyritsis, Kristen Lawler,
Kyle Lupo, Madeline McGovern, Kerry McGrath,
Casey O’Mara, Emma Politi, Veronica Radyuk,
Bernardine Rebutoc, Patrick Scott,
Jaimie Sheppard, Jacqueline Ziemer
ADVISORS
Cindy Lupo, Esq.
Diana Powell McGovern, Esq.
FA C T S
Sadly, Karen and Michael L. Orphan were killed
in a car accident. Their two children, a son, Michael
D. Orphan, age 11, and a daughter, Ima Orphan, age
10, are now left without parents. The Orphan parents died without a will that named a guardian to
care for their children in the event of their death.
Currently, the children are being taken care of by
their elderly grandparents. The grandparents’
health issues make it impossible for them to take
permanent custody of the children.
Karen Orphan’s sister, Linda Hand, would love to
take the children and care for them. Michael L.’s
sister, Anita Kidd, also would like to adopt the
children. The children each prefer a different aunt,
but they agree that no matter what, they want to
stay together.
Linda Hand petitioned the court for custody of
both children. Anita Kidd responded with her own
request for custody of the children.
ISSUE
Which aunt should have custody of the children?
WITNESSES
For the Plaintiff
Linda Hand
Ima Orphan
For the Defense
Anita Kidd
Michael D. Orphan
Testimony of Linda Hand
I am the sister of Karen Orphan. My sister and
brother-in-law died in a car accident. I would love
to have custody of their two children. If possible, I
would like to adopt them.
I am a full-time, hard-working mom. I live in New
York City, which will enable the children to see
many grand Broadway plays. I am well organized,
and I have one daughter, age 10. I think it would be
good for the children to have a child close to their
age to play with. When their parents were alive,
I saw the children regularly and oftentimes they
would sleep over at my apartment. In fact, the
children were with me the night their parents
were killed.
29
I live in a third-floor apartment on 5th Avenue,
overlooking the beautiful Central Park. My
apartment has three bedrooms, so I have more than
enough room for Michael and Ima. I am a music
teacher, and I am divorced. I know it isn’t good that
I smoke, but I only smoke one cigarette each night
after dinner, and I never smoke near the children.
Also, I don’t own a car, but that shouldn’t be a
problem because we live in a city that has many
other means of travel.
Testimony of Ima Orphan
I am 10 years old and my parents just died in a
car accident. Right now my brother and I are being
taken care of by our grandparents. Grandma and
Grandpa are too old and sick to keep us. Since I
can’t live with my grandparents, I would want to live
with my Aunt Linda. Aunt Linda has a daughter my
age, and she lives in New York City. My aunt lives
on 5th Avenue, overlooking Central Park. Aunt
Linda is organized, is a music teacher, and loves
to go to plays and operas. I also love music and
musicals.
Although my Aunt Anita has a husband, is a good
cook, and is a lot of fun to play with, it bothers me
that she is forgetful. I also don’t like seeing Aunt
Anita drink alcohol. She has a dog, and I don’t like
pets. I still love my Aunt Anita, but I’d rather live
with my Aunt Linda. Above all, I want to live with
my brother.
Testimony of Anita Kidd
I am the sister of the late Michael L. Orphan. I am
35 years old. I have one son who is 11. We have a
Golden Retriever puppy that is gentle and playful
with the kids. I am athletic, and I am a good cook.
My husband and I each have a car, and we are
happy to drive the kids wherever they need to go.
I don’t work outside the home and I think the
children are used to having a parent who is around
the house. My husband is a pediatrician. We live
in a big house that has six bedrooms and four
bathrooms. I would love to have custody of Michael
and Ima, and someday maybe I could adopt them.
Ima and I’ve always wanted a daughter.
I know that Michael and Ima once saw me a little
drunk one New Year’s Eve. I drink alcohol, but that
was the only time something like that ever
happened.
Testimony of Michael D. Orphan
I am the son of Karen and Michael Orphan. Sadly,
my parents died together in a car accident caused
by a drunk driver. Both of my aunts want my sister
and me to live with them, but I prefer to live with
my Aunt Anita. I like the fact that Aunt Anita lives
in the country, has a son my age and plays with me
whenever I visit. Aunt Anita also has a pet dog, is
married, and my uncle loves to play football with
me. I would like to spend time with my uncle, too.
My aunt is very athletic. Aunt Anita played soccer in
a Division I college.
Aunt Anita lives in the biggest house I’ve ever
seen. She makes good food like lasagna and
mashed potatoes. Aunt Anita has a driver’s license
and could take me places. She is kind enough to
play games with me when I am bored. However, I
don’t like that she is forgetful. Also, I am scared
because my parents were killed in a car accident
caused by a drunk driver and I know Aunt Anita
drinks. I saw her drunk at a New Year’s party.
I love my Aunt Linda, too. I especially like the fact
that she takes us to plays and other shows, but I
don’t want to live in the city. Plus, I always wanted a
pet. I also don’t like the fact that Aunt Linda
smokes. Most of all, I want to stay with my sister.
INSTRUCTIONS
The finder of fact must determine by clear and
convincing evidence whether the plaintiff or the
defendant/respondent would be entitled to custody
of the children.
I think that I would be good for the children since
their parents died. I love my nephew Michael.
Michael and my son play so nicely together. I love
30
SUB-ISSUES
L AW S
1. Which aunt has the better physical living space
for the children?
1. In determining which aunt should get custody of
the children, the decision is based on the “best
interests of the child.” To determine what is in
the best interest of the children, the most
important consideration is the safety, happiness,
physical, mental and moral welfare of the child.
2. Which aunt is better suited to take on two
additional children?
3. Which aunt’s home life is better suited for the
children?
4. Are the negative qualities about any particular
aunt so serious that the children should not be
placed with that aunt?
2. If a child is of an age and capacity to form an
intelligent preference as to custody, a court will
consider the wishes of the child. This factor,
however, is not conclusive.
5. Are the children old enough to make their own
decision?
CONCEPTS
2. Comparing the facts to the law.
3. Compromise.
31
The Power Problem
SCHOOL
STUDENTS
Central School
Warren
Cory Fitzgerald, Rachel Hobble,
Katherine Humphrey, Diana Liao
TEACHER
Jill Zimmer
FA C T S
The Carters, a small family with an equally small
income, had a hard time paying their bills. They
were being subjected to late fees, especially by
the electrical company. The Carters had no idea
why they were getting these fees, because they
weren’t checking their mail consistently and
thought their payments were getting in on time.
They had not received any calls, letters, or other
such notifications that their bills were not being
paid. Also, they received no warning that their
electricity would be turned off.
On August 3, 2005, at about 2:20 a.m. their
daughter Amanda, age 5, was walking downstairs,
unaided, to get her toy bear. A few minutes later
the lights went out. Amanda got scared and fell
down the stairs. Her parents rushed her to the
emergency room. Dr. Marilyn Livingston informed
the Carters that Amanda had broken her neck.
It was almost fatal, and Amanda is now paralyzed.
Her parents are suing the electrical company,
Power X, for the cost of the medical bills, as well as
for pain and suffering.
payments? Was Power X justified in turning off the
Carters’ power?
WITNESSES
Witnesses for Plaintiff
Ethan Carter
Dr. Marilyn Livingston
Witnesses for Defense
Julia Penn
Mary Horton
Testimony of Ethan Carter
I am Ethan Carter, Amanda’s father, and I am
outraged with the Power X Electrical Company for
turning off our electricity without warning! It
caused our daughter Amanda to have a very
unfortunate accident. Our family is lucky to have
her living, but the accident still proved to be very
serious. She has and will have for the rest of her
life, trouble leading a normal life, because she was
ISSUES
paralyzed as a result of the accident. Our family is
Is the Power X Electrical Company responsible
devastated. When we learned Power X was behind
for Amanda Carters’ accident? Is the power
the power outage, I became very angry, for it has
company responsible for the Carters’ medical bills caused us much suffering. Until this incident, we
and pain and suffering? Did Power X fail to give the never realized that there was a problem with our
Carters notification of the decision to turn off their
electrical bills. We were paying our bills, but
electricity? Also, is the company responsible for
found out later that Power X had not received our
warning the Carters that they didn’t receive their
payments.
32
We also had not sent out the notifications because
we were trying not to disturb anything until we had
an agreement.
Testimony of Dr. Marilyn Livingston
I am the doctor who treated Amanda Carter after
her accident. When she fell down the stairs, she hit
the banister, which caused her spine to bruise.
She is now a paraplegic. There was a very difficult
operation to relieve Amanda’s pain and to limit
the damage to her spine. However, she will also
need another operation to make sure that she
suffers no additional injury. I believe the electrical
company should pay the medical bills because
they caused the accident, although probably not
intentionally. Also, since Amanda must be in a
wheelchair, I know that the Carters have been
through a lot of suffering.
INSTRUCTIONS
The plaintiff must convince the jury by a preponderance of the evidence that Power X unlawfully
turned off the electricity. If found liable, the jury
must decide how much money the electrical company owes to the Carters.
SUB-ISSUES
1. Are the Carters negligent in not checking
their mail frequently?
Testimony of Julia Penn
I am the director of the Electrical Regulatory
Commission, and I believe Power X had every
right to turn off the Carters’ electricity because
they hadn’t paid their bills. Obviously, the Carters
weren’t careful about paying their bills. If they
had checked their bills closely, they would have
realized they weren’t paying their bills on time.
Also, the Carters weren’t checking their mail
frequently, so they took no notice of the late fees.
I know that the Power X Company sent the warnings
because I made sure they did. The law says that
if you don’t pay your bills within six months, the
electrical company can turn off the power.
2. Was the Power X Company required to send
notice of unpaid bills via certified mail?
3. Did the Carters fail to keep their family safe
by not paying their bills on time?
4. Was the Carters’ house well maintained for
Amanda to go down the stairs safely?
5. Should Power X Company have to pay for
Amanda’s medical bills as well as pain and
suffering?
CONCEPTS
2. Burden of proof.
Testimony of Mary Horton
3. Negligence of a utility company.
I am the executive officer of Power X. I believe
we had every right to disconnect the Carters’ power
for non-payment. We were unaware that this action
would harm their daughter. We had been planning
on shutting off their power for some time. However,
one of our executives didn’t want to turn off their
power so we waited, but after a while even he
agreed to cut the power. So we finally decided to
interrupt the Carters’ electricity.
4. Laws regulating electrical utilities.
5. Responsibility of parents to keep their
children safe.
L AW
The law states that a utility company must send
warnings to every family for every bill they miss.
After six months of not paying bills, the company
The one executive happened to be the employee can decide whether or not to turn off the power, but
responsible for sending out the late fees. He was so only if the company sends a warning via certified
involved in trying to not shut off their electricity,
mail so that the family understands that they might
that he never sent the Carters a warning that their
lose their electricity.
power would be disconnected if their bills were not
paid. If we had known their daughter would have
been hurt, we would not have turned off the power.
33
The First Day
Is the Last Day
SCHOOL
STUDENTS
Patrick M. Villano School
Emerson
Charlie DeMarco, Thomas Kelly,
Jack Mallett, William Whalen
TEACHER
Elizabeth McCarthy
FA C T S
WITNESSES
On February 14, 1999, at 2:13 p.m., Nick A. Teen
was smoking near a gas pump at Fill ‘Er Up gas
station. It was Fill ‘Er Up’s grand opening. Nick A.
Teen stopped to get gas on his way home from
work. He didn’t see the “No Smoking” sign because
it was covered in snow.
Earlier that morning, Gott Noe Glasses, the station
attendant, forgot his glasses at his house and did
not notice the sign was covered with snow. He also
failed to notice that there was a faulty gas hose that
had leaked gas onto the ground near the pumps.
A police officer named Po Lease, who was also
at the gas station filling up, asked Nick to put out
his cigarette. Nick obediently dropped the
cigarette. It landed in a small pool of gasoline and
the gas station immediately caught fire and quickly
burned down. Sue N.Yu, the owner of the gas
station, is suing Nick A. Teen for burning down her
gas station.
ISSUE
Is Nick A. Teen responsible for the damage to Fill
‘Er Up gas station?
For the Plaintiff
Sue N.Yu
Po Lease
For the Defense
Nick A. Teen
Hobb O. Begg
Testimony of Sue N. Yu
On February 14, 1999, at 2:30 p.m., I heard that my
gas station had burned halfway down because a
teenager, Nick A. Teen, was smoking near the
pumps. I didn’t see the whole thing happen
because I was on my lunch break. But I know Gott
Noe Glasses, the gas attendant, would never fail to
turn off the gas. I know that he had proper training
because he’s been a gas attendant for 13 years. He
worked for the Best Gas Company for nearly four
years before he came to Fill ‘Er Up. I’ve known Gott
for 17 years. He’s my best friend and employee.
After the fire, I immediately rushed to the gas
station. It’s unbelievable that something like this
would happen on a grand opening. Only half of
the station was completely burned down. The
other half was fine. The “No Smoking” sign wasn’t
covered with snow when I got there, so Nick A. Teen
should’ve seen the sign. Even if he didn’t notice the
sign, he should’ve known not to smoke at gas
34
stations. Nick A. Teen did get third degree burns,
but it was his fault for being careless.
INSTRUCTIONS
The plaintiff must prove by a preponderance of
the evidence that Nick A. Teen is responsible for the
damages to the Fill ‘Er Up gas station.
Testimony of Po Lease
On February 14, 1999, at 2:12 p.m., I was at Fill ‘Er
Up gas station filling my tank up. Nick A. Teen
pulled up on the other side of the tanks and asked
SUB-ISSUES
for $20 worth of gas. When he rolled down his very 1. Was Nick A. Teen aware that smoking at this gas
darkly tinted window to pay, I saw a cigarette in his
station was extremely dangerous?
mouth. He must have not seen the sign, because
2. Should Po Lease have been more specific when
some snow was collecting on it when I pulled in. I
he told Nick to put out his cigarette?
said, “Sir, please put out the cigarette.” He got out
3. Did the gas station use appropriate precautions
of the car, dropped it and was about to step on it
to keep their establishment safe?
when it landed in a puddle of gas. Then I saw half
the gas station burn down very quickly.
CONCEPTS
Testimony of Nick A. Teen
On February 14, 1999, at 2:13 p.m., I was
stopping for gas at Fill ‘Er Up gas station. I had a
very stressful day at work, so to calm me down, I
pulled out a cigarette. I lit it and took a deep
breath. I was filling up when a police officer walked
over and said, “Sir, please put out the
cigarette.” I dropped it and was about to step on
it when it happened to land in a small pool of
gasoline which I had not noticed before.
Immediately the gas station caught fire. When the
firefighters finished putting it out, half of the gas
station had burned to ashes. I got a third degree
burn on my hand and part of my forearm. That is
all I have to say.
1. Negligence.
L AW S
1. There must be non-smoking signs posted at
gas stations.
2. Negligence and ordinary care: negligence is
defined as conduct which falls below the
standard established by law for protection of
others against unreasonable risk of harm.
Testimony of Hobb O. Begg
My name is Hobb O. Begg and on February 14,
1999, at 2 p.m. I was begging for money across the
street from Fill ‘Er up gas station. I always try to
get money here. I noticed that Gott Noe Glasses
didn’t have on his glasses. So I asked Gott where
his glasses were. He said that he accidentally left
them at home, but he said he’d be fine without
them. Then I saw him fail to put the gas hose away
properly. I was about to tell Gott about the hose,
but as I was walking over to show him, I saw Nick A.
Teen talking to Po Lease. I stopped next to the
pump to try to hear what they were saying. Then
all of a sudden, there was an explosion and I was
blown off my feet. That’s all I saw.
35
The Case of
the Stolen Hubcaps
SCHOOL
STUDENTS
Veterans Memorial Middle School
Brick Township
D.P. Bievenue, Daniel Carrington, Theresa Figorito,
Victoria Ford, Deanna Godfrey, Joshua Hubiak,
Christina Jacob, Kevin Kastner, Nicole Makris,
Claire Marren, Danielle Martin, Sean Morris,
Kristin Neuman, Kevin Nilsen, Erica Preston,
Sarah Quinn, John Rae, Jane Santomauro,
Lindsay Smith, Marie Stewart, Andrew Stranieri,
Raymond Triano, John Weddle
TEACHER
Elayne Reilly
FA C T S
On the day of January 29, 2006, a man wearing a
ski mask was removing the hubcaps from a bright
yellow Mustang in the parking lot of Home Depot.
Mr. Mekanek, the man with the ski mask, was busily
removing the hubcaps using several tools. As Mr.
Goodgui exited the store with his friend, he saw
the hubcaps being removed from the vehicle and
tackled Mr. Mekanek. Mr. Goodgui tackled Mr.
Mekanek because he believed he was witnessing a
robbery. Mr. Mekanek suffered numerous injuries
including a broken arm and injured back. Mr.
Mekanek is suing Mr. Goodgui for his medical bills,
loss of work wages, and pain and suffering.
ISSUE
Should the defendant be held responsible for
the medical bills, loss of work wages, and pain and
suffering he caused when he assaulted the plaintiff?
WITNESSES
For the Plaintiff
Mr. Mekanek
Ms. Flasheecar
For the Defense
Testimony of Mr. Mekanek
On January 29, 2006, I was attempting to do my
job and remove the hubcaps from a 2005 yellow
Mustang and replace them with new spinners. The
manager of Home Depot, Ms. Flasheecar, has been
a very good customer of mine for several years.
Managing the Home Depot is a busy job for Ms.
Flasheecar; her order was in, and she just couldn’t
wait to get her new spinners.
For those of you aren’t in the automotive
industry, spinners are custom hubcaps that spin.
I volunteered to complete the job in the Home
Depot parking lot. I knew there would be a big tip
in it for me. That day it was freezing, so I put on my
ski mask and gloves and got right to work.
I had just completed removing one of the
hubcaps when someone tackled me out of nowhere.
I fell backwards on my wrist and hit the cold, hard
pavement. My arm was broken by the attack, and
I’ve been in physical therapy for my back. I’m
going to be wearing this neck collar for a long time.
I’m self-employed, so I don’t have health insurance
or benefits. I haven’t been able to work since the
attack. Mr. Goodgui has caused me horrible pain
and suffering. He should be held responsible for
this assault.
Mr. Comrade
Mr. Goodgui
36
Testimony of Ms. Flasheecar
INSTRUCTIONS
My Mustang is like my baby. I am always trying
to make the car even more beautiful. When I got
the call that my spinners were in, I just couldn’t wait
to see how they would look. Mr. Mekanek is a nice
guy and a great mechanic. He volunteered to put
the spinners on even though I was stuck at work. I
can’t believe this horrible attack occurred when he
was just trying to do his job.
Did the plaintiff prove by a preponderance of the
evidence that the defendant is responsible for the
medical bills, pain and suffering and loss of work
time caused by this attack?
Testimony of Mr. Comrade
I was with my longtime friend, Mr. Goodgui, that
day outside the Home Depot. We had just finished
making some purchases for our next Habitat for
Humanity project. We both volunteer our time to
build houses for the less fortunate. We are also on
the local volunteer fire department. Mr. Goodgui is
always doing the right thing. I have seen him risk
his life to help others without a thought for his own
safety. So I wasn’t surprised to see him trying to
stop the robbery of someone’s hubcaps. With that
ski mask on and the gloves, Mr. Mekanek looked
just like a robber. Mr.Goodgui was just trying to do
the right thing.
Testimony of Mr. Goodgui
I feel so badly about the injuries I caused to Mr.
Mekanek. I’m always trying to help people. When
I left the store that day, my eyes were drawn right
away to that flashy yellow Mustang. Then I saw
the guy with the ski mask on. I couldn’t believe
that he was trying to steal the hubcaps right in
plain sight. My adrenaline kicked in, and I just
tackled him. Later, when I found out that he was
hired by the car owner, I was shocked. Any
reasonable person would have thought he or she
was witnessing a robbery. I don’t think that I
should be held responsible for doing the right
thing. Ms. Flasheecar should never have let Mr.
Mekanek perform work like that in the Home Depot
parking lot.
SUB-ISSUES
1. Is it appropriate for the manager of Home Depot
to allow for a subcontractor not affiliated with
Home Depot to do work on the store-owned
property? Is the store manager negligent?
2. If a citizen witnesses a crime, is it appropriate
for him or her to try and stop the crime using
force?
3. If someone is injured by a stranger, is the
assaulter always responsible or can there be
extenuating circumstances?
4. Are Mr. Mekanek’s back injuries as serious as
he alleges?
5. Is the defendant protected under the Good
Samaritan law which allows for someone to try
and save another person’s life without fear of
being sued?
CONCEPTS
1. Preponderance of the evidence.
2. Credibility of the witnesses.
3. Negligence.
L AW
In the civil court, a citizen may file a lawsuit to
collect compensation for medical bills, pain and
suffering, and loss of work wages if he or she has
been physically injured by another party.
Special thanks to Miss Buscaglia, our homeroom
teacher, for all of her enthusiasm and support.
37
Pumpkins and Politics
Don’t Mix
SCHOOL
STUDENTS
J. Mason Tomlin School
Mantua
Christian Congdon, Sean Gallen,
Christopher Grabert, Joshua Gruber,
Geoffrey Kelly, Allison Moore, Lauren Ramer,
Brianna Reed, Brenna Weick
TEACHER
Eileen Shaud
FA C T S
Bernie Hans was out trick or treating with his
friend Ivan Nawty when he reached the house of
his neighbor, Ms. Suzie Homemaker. He saw a
political sign supporting an opposing candidate,
Forestree, near the front door. His uncle was
running against this candidate. The sign wa s
placed in front of a stand with a lit jack-o’-lantern.
For the past several we e k s , the sign had been on
her front law n , and every day Bernie would put the
sign face down on the ground on his way to school,
hoping this way that his uncle will win the election.
When he noticed that it was standing near the
door, he started to poke it and it fell. He reached
down to pick it up, but he knocked the stool behind
it, which sent the jack-o’-lantern flying toward him.
He reached out to stop the jack-o’-lantern from
falling and his costume lit on fire. He now has serious burns on his hands.
The homeowner, Suzie Homemaker, was inside
getting more treats for the children and was not
aware of the burning child. Suzie claims she put
the sign in front of the pumpkin display on
purpose, in order to block the pumpkin from any
prankster kids.
Luckily, Bernie was smart enough to stop, drop,
and roll before the fire could spread.
ISSUE
Was Suzie Homemaker negligent in placing the lit
jack-o’-lantern where she did?
WITNESSES
For the Plaintiff
Bernie Hans
Ivan Nawty
For the Defense
Suzie Homemaker
Ima Whitnez
Testimony of Bernie Hans
I’m 12 years old. On Halloween night 2005, I wa s
trick or treating with my friend, I van Naw t y. We
came to a house with a political sign that said,
“Vote for Forestree.” I wa s n ’t in favor of him,
because my Uncle, John Holmes, was running
against him, as Ms. Homemaker knew already. I
just poked the sign when it fell over. I didn’t even
realize that a jack-o’-lantern was poorly placed
behind it, on a wo bbly stool.
Because the sign tipped over, I reached to pick
it up and put it back in its place. As I reached, I
accidentally knocked the wobbly stool, which sent
the pumpkin flying towa rd me. I stuck my hands
out to stop it from falling, but my costume caught
on fire. It gave me third degree bu rns on my hands
and arms. My right hand’s fingers melted together
and now that hand is not usable.
38
I do everything with my right hand; therefore I
will now have to learn to do it all with my left,
which will not be easy since my left hand wa s
badly burned also. A ny other activities that require
two hands, I will not be able to participate in, such
as my favorite sport, football. Football wa s n ’t just a
sport for me. It was my life! All my friends were
on the team and it was a fun time being with them.
But now I can’t ever play again.
I had delibera t e ly placed the sign in front of the
jack-o’-lantern so that the children coming to my
house would be safe. He must have done more
than just poke the sign to make it fall, because
when I placed it there, I hammered it into the
ground. It would never have fallen unless he used
ex t reme force.
If Suzie Homemaker hadn’t placed that sign in
front of the jack-o’-lantern, with that wo bbly stool,
none of this would have happened.
I am 12 years old. I was trick or treating on
Halloween night when I saw Bernie Hans messing
with the political sign. He was poking and kicking
the sign to show that he did not want that person to
win the election. I guess Bernie did not know that
behind the sign was a lit jack-o’-lantern on a
stand. When he kicked the sign over and leaned
down to pick it up, the jack-o’-lantern fell off the
stand. Bernie tried to catch it and his costume
caught on fire. His hands and arms we re seriously
burned.
Testimony of Ima Whitnez
Testimony of Ivan Nawty
I am 11 years old. I am an eyewitness for
Bernie Hans. On Halloween night 2005 at about
6:30 p.m., I was trick or treating with my friend,
Bernie Hans. We came up to a house that had a
political sign, stating “Vote for Forestre e.” Bernie
l i g h t ly poked the sign because he wa s n ’t in favor
of that candidate. He wanted his Uncle John to win
the election. We both had no idea that a lighted
pumpkin was poorly placed behind the sign on a
wo bbly stool.
Bernie should not have been poking and kicking
the sign. It was his fault that his costume caught
on fire. Suzie Homemake r, the owner of the house,
has the right to put out any sign that she favors.
Bernie had no right to touch her property. She can
vote for whomever she wa n t s . I think it is Bernie’s
fault that his costume caught on fire. If he had not
been messing with that sign, none of this would
have happened.
Bernie reached to put the sign back after it fell.
As he was putting the sign back, he hit the wo bbly
stool and sent the lit pumpkin flying towards
him. He tried to stop it from falling, but it set his
costume on fire. Bernie got third degree bu rns on
his hands and arms. His right hand’s fi n gers are
now melted together. Bernie does eve rything
with his right hand. Now Bernie can’t play
football, his favorite sport, because of this
Halloween horror.
Testimony of Suzie Homemaker
On October 31, 2005, Halloween night, two boys
came to my house trick or treating. Since I had no
more candy left in the bowl, I went inside to get
another bag. Suddenly, I heard a call for help. I
went outside, thinking it was just a joke. It was then
that I saw the burning child, rolling on the ground.
I called an ambulance to help him, because I knew
I couldn’t do anything to help.
I talked to Ima Whitnez and she claimed that
the burning child was poking at the political sign
that I had placed in front of a lit jack-o’-lantern.
39
INSTRUCTIONS
CONCEPTS
The plaintiff must prove, by a preponderance of
1. Negligence.
the evidence, that there was a breach of duty of care 2. Proximate cause.
and that the breach of duty caused the injury.
SUB-ISSUES
1. Was Suzie Homemaker negligent for failing to
provide a safe environment for all of the
children who were trick or treating on
Halloween night? Was the pumpkin poorly
placed?
2. Was the plaintiff comparatively negligent in
striking the sign?
L AW S
1. Negligence: the failure to do what a reasonable
person would do under the circumstances.
2. Comparative negligence: If the plaintiff is also
negligent, but his negligence is not greater than
that of the defendant, the plaintiff may recover
damages but the amount will be reduced by the
percentage of the plaintiff’s negligence.
40
Burnt by Science
SCHOOL
Round Valley Middle School
Clinton Township
TEACHER
Judith Hammond
FA C T S
On December 15, 2005, during a seventh-grade
science class at Wilson W. Middle School, Mr. Brown
knocked the arm of a seventh-grade student into a
Bunsen burner. The seventh-grade student, Drew
Johnson, suffered third degree burns. Mr. Brown
told Drew to put his arm under cold water and then
sent him with another student to the nurse.
WITNESSES
For the Plaintiff
Drew Johnson
Scott Parker
For the Defense
Mr. Brown
The nurse administered first aid and called Drew’s Mrs. Dates
parents to take him to the hospital. The doctor treated him for third degree burns and referred him to
WITNESS
the intensive care burn unit. Drew’s injuries
required extensive medical care.
STAT E M E N T S
Testimony of Drew Johnson
Mr. and Mrs. Johnson are suing both Mr. Brown and
the Randolph Township School District for the
recovery of expenses incurred.
ISSUES
1. Did Mr. Brown’s negligence cause Drew Johnson
to suffer third degree burns?
2. Should the Randolph Township School District
be held liable for medical expenses incurred
due to Drew Johnson’s third degree burns?
I am a seventh-grader who goes to Wilson W.
Middle School. On December 15, 2005 I was
working with a Bunsen burner in science class with
my lab partner Scott Parker. As our teacher, Mr.
Brown, walked by our table, his arm hit my arm and
knocked it into the Bunsen burner. The flame
burned my forearm, giving me horrible third
degree burns. My lab partner rushed me to the
nurse, who treated me for my burns. She suggested
that I go to the hospital due to the severity of my
injuries. Because of my burns, I was forced to miss
the rest of the football season.
This is not the first time that Mr. Brown has
caused an accident. In the past, he has mislabeled
chemicals, which nearly caused a dangerous
reaction. We knew that something more serious
would happen eventually, and sure enough it did.
41
Testimony of Scott Parker
I am in Mr. Brown’s science class at the same
school as Drew Johnson. He is my lab partner.
On December 15, 2005 we were in science class
conducting an experiment with a Bunsen burner.
Drew was reaching for a beaker when Mr. Brown
rushed by and knocked Drew’s arm into the flame.
The flame badly burned his arm. Even though
Drew was wearing his safety goggles and following
all instructions, he still got hurt. The accident
happened because Mr. Brown was not paying
attention while walking by the Bunsen burners.
his classroom. He has always reinforced the rules
and students have followed them. Mr. Brown should
not be blamed for one careless student. Drew
Johnson was reaching much too close to the Bunsen
burner to be within safety regulations, which are
taught time and time again to all science students.
INSTRUCTIONS
the evidence that Mr. Brown is to blame for Drew
Johnson’s third degree burns.
Testimony of Mr. Brown
SUB-ISSUES
On December 15, 2005 I was teaching a science
class at Wilson W. Middle School. One of my
students, Drew Johnson, was fooling around near a
Bunsen burner. He was reaching over the burner,
which I constantly warn them not to do.
1. Student safety.
When I quickly turned to answer the ringing
phone, I tripped on his chair. As I tripped, I
accidentally knocked his arm into the Bunsen
burner. I told him to run his arm under the cold
water and then I had Scott Parker accompany him
to the nurse.
Drew’s fooling around got him burned. His
rowdiness and carelessness caused the first injury
ever to occur in my science class. Drew Johnson
did not take my warnings about reaching over the
flame seriously; unfortunately, the result was third
degree burns.
2. Teacher responsibilities.
3. Student responsibilities.
4. Class size.
CONCEPTS
L AW S
1. N.S.A. 59:4-2 – Boards of Education may be held
liable for injuries sustained by students due to
the existence of dangerous conditions existing
on property owned or controlled by the district.
2. N.S.A. 59:2-2 – The Board also may be held
liable for certain negligent acts or omissions of
Testimony of Mrs. Dates
school district employees, which result in injury
I am the principal at Wilson W. Middle School. I was
to students.
visiting Mr. Brown’s classroom on December 15, 2005.
He had told me that his students were conducting
BIBLIOGRAPHY
science experiments and I like to observe these
Ford, S. Dow, Kaelber, M., Kaye, D., Chapman-Berlin,
because I used to be a science teacher.
K. and Weaver, C. Basic School Law 1992. New
When I walked into Mr. Brown’s science class, I witJersey: N.J. School Boards Association.
nessed people being rowdy. I warned the students
that they needed to be careful especially since they Alexander, Kern. American Public School Law 1998.
California: Alexander International Thomas
were working with flames. I stayed for a while but
Publishing Company.
then I had to leave for a meeting. When I left, Mr.
Brown had the students quiet and the classroom was http://www.law.com
completely under control.
http://caselaw.findlaw.com
In the past Mr. Brown has been an attentive
teacher and no one has suffered an injury while in
42
It’s Icy Hear
SCHOOL
STUDENTS
Pine Brook School
Manalapan
Brianna Altman, Dori Brenner, Michael Harvey,
Constance Kaita, Kristen Lapolla, Ian Levinson,
Sarah Rizk, Alexander Villafane, Matthew Visone
TEACHER
Jacqueline Curtis
FACTS
On Friday, Ja nu a ry 13, 2006, a 14-year-old deaf
boy, Danny B. D e ff, and his father, Joe Deff, went to
the Lucky Star Skating Rink at 3:13 p.m. When
Danny and his father arrived at the rink, they
checked in, paid at the front desk, and filled out a
membership form because Danny loves to skate.
They also signed up for membership because
they had gotten a flyer in the mail that had indicated that the rink specialized in services for the
disabled.
On the front of the membership form, there was
a section labeled “DISABILITIES” with a list of
many different disabilities following. As soon as
Joe Deff saw this on the membership form, he
checked off the box that said “DEAF.” However, he
did not flip the paper over to fill out the section
wh e re additional services needed were to be listed. Joe handed in the membership form to the
attendant, Ira Sponsible, who immediately took the
form to her manager, Luke E. Starr. Joe and Danny
then went into the rink.
Just as they got their skates, the lights in the
rink started to flicker. Joe and Danny were not
concerned about it, though, so they went through
one of the doors, which led to the ice, and began
skating. M i nutes later, the attendant made an
announcement over the loudspeaker, telling
everyone to get off the ice because the Zamboni
was going to clean it. Joe signed to his son to look
at one of the television screens on the wa l l . The
captions on the television read, “Please get off the
ice for cleaning.” Danny got off the ice and
proceeded to a bench wh e re he sat down. The
Zamboni came out and cleaned the ice. But, just
as the Zamboni was exiting the ice, the lights
flickered again and the power went off for about
two minu t e s .
43
When the power came back on, Joe signed to
Danny that he was going to get hot cocoa, and
signaled to Danny that he was to stay on the bench.
A minute later, Danny looked at the screen and
noticed that the captions were go n e. Then, Danny
looked back at the ice and saw that the Zamboni
was gone and that there we re people in blue
jackets skating on the ice. Danny got up, unlocked
a now-chained door that he had gone through
earlier, and reentered the ice area. A man in a
blue jacket who was testing the ice, yelled, “No!”
to Danny, unawa re that he was deaf.
Danny stepped on the ice, fell, and hit his head.
As soon as he fell, he got a concussion and a gash
on his head. Joe came back to the bench a few
m i nutes later, but his son was no longer there.
He then proceeded onto the rink, wh e re a huge
crowd had gathered. He saw Danny lying down
unconscious. The Deffs are suing the Lucky Star
Skating Rink for Danny’s medical expenses.
ISSUE
Is the Lucky Star Skating Rink liable for Danny B.
Deff’s medical expenses?
WITNESSES
For the Plaintiff
Danny B. Deff
Joe Deff
For the Defendant
Luke E. Starr
Ira Sponsible
Testimony of Danny B. Deff
On Friday, Ja nu a ry 13, 2006, at 3:13 p.m., I, Danny
B. D e ff, a 14-year-old deaf boy, went ice skating at
Lucky Star Skating Rink. My father filled out the
membership form as soon as we arrived, and I
saw that he specifically noted that I was deaf on
this form. The attendant, Ira Sponsible, seemed
to be daydreaming as we placed our membership
form on her desk. After we handed in the form,
my dad took me into the rink. After we got our
skates, the lights started to flicker, but I wa s n ’t
ve ry concerned. We skated around for a few
minutes, when my father signed to me to look
at the television screen. It read, “Please get off
the ice for cleaning.” My dad and I got off the ice.
A few minutes later the power went out. When
it came back on about two minutes later, my dad
told me he was going to get hot cocoa and to stay
on the bench. He is a great dad, and he knows
how much I love hot cocoa. As he left, I noticed the
television captions were gone and I saw people in
blue jackets going through a door on the other side
of the rink and skating on the ice. Therefore, I
thought that I was allowed back on. I didn’t know
at the time that they we re ice-testers. I got up and
unlocked the chained door that we had gone
through earlier because I thought that the staff had
just forgotten to unlock it, and stepped out onto the
ice. I was so eager and excited to skate because
we had to get off the ice so quickly before, and I
am a pretty good skater, so I knew I would be fine
on my own. As I stepped on the ice, I slipped, and
got a concussion and a big gash on the side of my
head. When my father came back, he saw me lying
on the ice with a man by my side. I ended up
going to the hospital and getting 23 stitches on
my head.
I believe that the Lucky Star Skating Rink did not
take the proper precautions to accommodate my
needs. They should have immediately put the
captions back on the television screen after the
power went out or they should have provided me
with an interpreter. They should have written the
word “Tester” in large letters on the back of the
blue jackets so that I wo u l d ’ve known that the
testers we re not just regular ice skaters. Also,
had there been a bolt on the door, I would not
have been able to open it. I am appalled by the
disre ga rd for the disabled that this rink has shown.
Had I been offered an interpreter or had they been
able to reset the captions after the power outage,
none of this would have ever happened.
44
not have a sufficient lock on the door to prevent
people from venturing into the rink. The attendant
should have told me to note that my son would
need captions at all times on the form or at least
o ffered to provide an interpreter. I know my son is
not a mischievous boy, and I am certain that the
Lucky Star Skating Rink is liable for my son’s pain
and suffe ri n g.
Testimony of Joe Deff
On Friday, Ja nu a ry 13 at 3:13 p.m. my son
Danny and I went ice skating at Lucky Star Skating
Rink. As soon as we wa l ked in, I signed up for
membership because Danny loves to skate and
we would be able to come whenever he wa n t e d .
I also knew that Lucky Star Skating Rink would
have additional services needed for Danny as it
was indicated in the flyer that we re c e ived in
the mail.
Testimony of Luke E. Starr
However, when I filled out the membership form,
the attendant never told me that I had to list the
additional services that Danny would need on the
reverse side of the form. As a matter of fact, she
never even told me there was a reverse side! After
handing in the form, I took Danny to rent some ice
skates. After getting them, the lights started to
flicker. We went on the ice and skated around for a
few minu t e s . We then got off the ice because I
heard an announcement saying that the Zamboni
was coming on to clean it. I signed to Danny to
look at the television screen, wh e re the caption
said to get off the ice for cleaning. A few seconds
after we got off the ice, the power went out. It came
back on about two minutes later and then I went to
get some hot cocoa after signing to Danny that he
should stay on a nearby bench. Danny is a very
trustworthy son and a good skater too, so I knew
that even if he did get up, he would be fine skating
on his own.
I am the owner and manager of Lucky Star
Skating Rink. On Friday, Ja nu a ry 13, 2006,
Danny B. D e ff and his father Joe Deff filled out
membership forms to skate at my rink. Mr. D e ff
noted on the application that Danny was deaf and
as soon as the attendant, Ira Sponsible, had the
opportunity, she made me awa re that there was a
deaf boy in attendance. I asked her if the boy
required any special services, and Ira told me that
the boy’s father was with him, and that he didn’t
indicate any special services needed on the form.
We have an interpreter, but we only call him in
when needed. Since Mr. D e ff never indicated that
captions were necessary at all times for Danny or
that he may need an interpreter, we never called
our interpreter in.
As soon as the power went off, resulting in the
disappearance of the captions, we immediately
began resetting them. It is a timely and confusing
process, but since we provide such outstanding
services, fixing the captions was at the top of our
I admit I didn’t notice that the captions had come list of priorities. The Zamboni had also just gotten
off the television when I left to get hot cocoa, bu t
o ff the ice, and a few of our ice-testers had gone
my son did. Because of this, he assumed that it wa s on to test the ice. For some reason, Danny B. D e ff
o k ay to go back on the ice. An ice skating rink that s nuck onto the ice even though he should have
claims to specialize in services for the disabled
known that you have to wait at least 10 minutes to
should know how to repro g ram their own caption
skate. He unlocked the chained door, which wa s
system. Danny was relying on the captions, and the obviously chained for a reason. He is a 14-year-old
ice skating rink failed him big time. Luke E. Starr’s boy and he should’ve known better. Furthermore,
flyer also claimed that his rink has a deaf interour testers we re in uniform so he should have
preter, but I didn’t see any that day.
noticed that it wa s n ’t just regular people skating.
Any way, when I got back from buying the hot
Danny B. D e ff is obviously a very mischievous
cocoa, I didn’t find my son on the bench. I saw a
boy, so I should not be held liable for his medical
crowd ga t h e ring nearby so I assumed that Danny
bills. One of our ice-testers even tried to tell
was in the crowd. When I got to the ice, I saw my
Danny not to go on the ice, not knowing that he
son lying on the ice unconscious and he had a big
couldn’t hear. Although I am terribly sorry for his
gash on his head. If my son was able to unlatch
injuries, I find myself not re s p o n s i ble for Danny’s
the door to get on the ice, that means that they did
45
medical bills. I have taken great measures to
make sure that Lucky Star Skating Rink is the safest
it can possibly be and that it provides the best
services around for the disabled. Danny’s father
should have been supervising his son and should
learn how to fill out forms corre c t ly. Furthermore,
if Danny had stayed on the bench like his father
told him to, this never would have happened.
Testimony of Ira Sponsible
SUB-ISSUES
1. Did Luke E. Starr take all possible precautions to
make sure that his skating rink was as safe as it
could possibly be?
2. Was Joe Deff being negligent by leaving his
deaf son alone while going to get hot cocoa?
3. Was Joe Deff being negligent by not noticing
that the captions on the television screen were
gone?
I am the attendant that served Danny and Joe Deff
4. Was Ira Sponsible being irresponsible by not
on Friday, Ja nu a ry 13, 2006, when they arrived at
pursuing the topic when she noticed that Joe
the rink. Upon his arriva l , Mr. D e ff told me that his
Deff hadn’t filled out the back part of the form?
son Danny was deaf. However, Mr. D e ff never
5. Was Luke E. Starr being negligent by not
listed any special services that Danny would need
knowing how to reset the captions and
on the back of the form. My boss, Luke E. Starr,
equipment in his facility?
directed me to not ask questions about disabilities,
6. Should Danny B. Deff have known that he was
so as not to offend our customers, so I didn’t
not supposed to go back onto the ice since he
pursue it. I assumed Danny’s needs would be met
had been skating before?
by his father, who I saw signing to him, and that
his father knew what was best for him. This led
me to believe that Mr. Deff would act as Danny’s
CONCEPTS
personal interpreter.
1. Negligence.
Lucky Star Skating Rink should not be liable for
2. Responsibilities of an ice skating rink manager.
Danny’s injuries because a parent or guardian
3. Pain and suffering.
should accompany people, e s p e c i a l ly children
with disabilities, at all times. Lucky Star Skating
Rink does everything it can to provide services
for the disabled, and can’t assume responsibility
6. Notice.
for a power outage. Furthermore, how we re we
7. Burden of proof.
supposed to know that Danny was relying on the
captions if we we re never informed? Mr. D e ff left
his son alone, which was irresponsible of him, not
the skating rink. I am sorry about what happened
to Danny, but there is no reason why we should be
p aying the medical bills.
INSTRUCTIONS
the evidence that the defendant is liable for the
injuries suffered by Danny B. Deff.
46
L AW S
1. Americans with Disabilities Act (ADA) 42 U.S.C.
Title III grants broad civil rights protection by
prohibiting discrimination on the basis of
disability in the areas of public facilities.
2. ADA or American with Disabilities Act states that
an individual must have a disability to be
covered by the ADA. A person described as
having a disability should have a physical or
mental impairment that limits the person from
one or more activities.
3. Legal Age – the age at which one by law is
considered an adult.
4. Negligence and Ordinary Care – Negligence is
defined as conduct that falls below the standard
created by the law for the protection of others
against unreasonable risk of harm.
5. Duty of owner of premises: The owner/occupier
of the land who by invitation expressed or
implied, induced persons to come upon his or
her premises, is under a duty to exercise
ordinary care to render the premises safe for the
purposes induced in the invitation.
6. Stores, businesses, hotels, theaters, restaurants,
retail stores, banks, museums, parks, libraries,
and other public places should all provide
auxiliary aids and services for communicating
with deaf people. Sometimes, written notes are
enough to communicate information. At other
times, an assistive listening device, TDD, or an
interpreter is needed.
47
FREE
Law-Related Education
Programs and Resources
The New Jersey State Bar Foundation, a nonprofit educational
and philanthropic organization, offers a wide variety of free
law-related education programs and services for New Jersey
teachers and their students such as:
• “Conflict Resolution and
Peer Mediation Training” for
teachers as well as unique
conflict resolution and peer
mediation guides available
for elementary, middle and
high school classes. Volume II
guides containing lessons on
such topics as cultural
awareness and unity,
stereotypes and gender
equity are also available.
• An “Introduction to Teasing
and Bullying” training
session, which educates
teachers and administrators
about the myths and facts
of bullying. Developing a
school-wide approach to
bullying is also explored.
• Bill of Rights Bulletin, a
newsletter for elementary
and middle school students
that explains the Bill of
Rights in plain language;
• Vincent J. Apruzzese High
School Mock Trial
Competition;
• The Legal Eagle, a newspaper
for middle school students;
• Respect, a newsletter about
law and diversity for middle
and high school students;
• Video Loan Library offering
more than 250 titles;
• Mini-Grants for developing
law-related and violence
prevention programs in
schools;
• Mini-Court Program for
grades K–2;
• Speakers Bureau covering
many law-related topics;
• Law Fair Competition and
Programs for grades 3–6;
• Law Adventure Competition
and Programs for grades
7 and 8;
• Mock Trial Conference for
Elementary and Middle
School Teachers;
• Law-Related Education
Conference for elementary,
middle and high school
teachers;
• Law-related publications;
and
• Lesson plans for teachers.
These are just some of our services. All are available free
of charge. For more information, please visit the New Jersey
State Bar Foundation online at www.njsbf.org or call toll-free
at 1-800-FREE LAW. The Foundation is a registered New
Jersey professional development provider.
New Jersey State Bar Foundation
New Jersey Law Center • One Constitution Square • New Brunswick, NJ 08901-1520
www.njsbf.org 1-800-FREE LAW
New Jersey State Bar Foundation
One Constitution Square
New Brunswick, NJ 08901-1520
1-800-FREE LAW
www.njsbf.org

exercises - NJSBF.org

Transcription

Similar documents

Press Kit - Danny and the Tramp

MICHAEL ANGELO BATIO

Avenged Sevenfold

Biographies - Trollstilt

Divorce Packet (Self Help)

PDF Rider - ArtistEcard

Event Poster - Jessica Cox

A sneak peek of Some of the Vendors….. People`s Health LSU Ag

ROCKSHOP SPECIALS APRIL 2012

Rock Camp guitar auditions - MSU Community Music School