Transcript Case Analysis – Spain v. Anderson

Case Analysis
Spain v. Anderson
Ed Edmonds
November 1, 2005
Ed Edmonds
Director of the Schoenecker Law Library
and Professor of Law
University of St. Thomas School of Law
Sports law teacher for nearly twenty years
Faculty advisor for the Board of Advocates
– Moot Court – appellate cases
– Client Counseling and Interviewing
– Negotiations
– Trial Advocacy
The Order of the Trial
Opening Statements
– This is the team’s opportunity to show a road
map and the development and theory of the
case.
– Different approach between criminal and civil
trials
The Order of the Trial
Witness testimony
– How you build your case is strategic
You want to build upon the testimony of each
witness in a logical sequence.
Cross-examination
– You want to create doubt particularly with
respect to the elements of the case.
Witnesses
Plaintiff’s Witnesses
– Shannon Spain
– Dr. Blake Norman
– Coach Terry Dillon
Defendant’s Witnesses
– Linn Anderson
– Professional Player Cameron Strong
– Eyewitness Taylor Brown
All three witnesses must be called.
Redirect and Re-cross
Redirect
– If the witness has been impeached or
damaged, a team member can try to
rehabilitate that witness.
Re-cross
– Limited to matters raised on redirect
– The team member should not go back into an
area covered in direct.
Do not overuse redirect and re-cross
Closing Argument and Rebuttal
Rebuttal
The team must reserve this time from the
time allocated for the closing argument.
The team must tell the timekeeper how
much time you want to reserve.
Rebuttal is usually high risk/high reward.
Discussion of the Facts
Civil case
Shannon Spain
Soccer player for Pleasantville High
School
Shannon Spain was injured during a
collision with Linn Anderson.
Rules of the game
– Only outside source that can be used is
FIFA’s “Laws of the Game.”
The Tort of Negligence
Duty
Breach of duty
Proximate cause
Cause in fact
Damages
Battery
Elements
Offensive touching
Rudeness, anger, hostile manner
Person or clothing of a person
Burden of Proof
What is it?
How do you meet that burden?
Preponderance of the evidence
Reasonable satisfaction
Affirmative Defenses
Assumption of Risk
– Knowledge of existence of dangerous
condition
– Appreciation of that danger
– Failure to exercise care by exposing oneself
to the danger
Contributory Negligence
Key Points
What are the rules of the game?
What took place at the time of contact
between Spain and Anderson?
Is the preexisting injury important?
What about the history between the two
players?
Stipulations
Exhibits are authentic and accurate.
Signatures of witnesses are authentic.
With respect to legal issues, parties may
rely upon the legal authorities provided.
Emergency Room report is admissible.
No additional foundation is necessary.
– You can argue hearsay if you feel that
hearsay appears in the report.
Damages
Compensatory or actual damages
– Fair and reasonable compensation for loss or
injury sustained
– Monetary award
Punitive or exemplary damages
– The burden of proof is clear and convincing
evidence.
– “[C]onsciously or deliberately engaged in
oppression, fraud, wantoness, or malice with
regard to the plaintiff.”
Exhibits
Emergency Room Report
Rules for Referees – Secondary School
Athletic Soccer Association
Cameron Strong’s article
Mayberry Mudcats schedule
Voicemail transcript
Not required to use all six
Foundation