Estate of Hans Peder Jenson v. The White Star Lines
(Judge enters the courtroom)
BAILIFF
“All rise. The District Court of the State of New York is now in session. The Honorable Judge
Wright presiding.”
(wait til Judge sits down)
“Please be seated.”
(turn to Judge and hand him papers)
“Your honor, this is case #12-041412, Estate of Hans Peder Jensen v. The White Star Line.”
JUDGE
(sit down as court clerk hands you papers)
“Thank you. The case before us is the Estate of Hans Peder Jensen v. The White Star Lines.
Ladies and gentlemen of the jury, on the early morning of April 15, 1912, Mr. Hans Peder Jensen
died while on board, as the Titanic sunk after hitting an iceberg off the coast of Newfoundland.
Ms. Carla Jensen is the executor of Hans Peder Jensen’s estate, and is suing White Star Lines for
damages as a result of negligence on behalf of the Titanic, which was owned and operated by
White Star Lines. I would like to remind you to listen carefully to both sides of today’s case so
that you can make a fair and just decision.”
Opening Statements
JUDGE
“ Mr. or Ms. Banks for the prosecution, you may give your opening statement.”
PROSECUTING ATTORNEY
“Thank you your honor. Ladies and gentlemen of the Jury………...”
JUDGE
“Mr. or Ms. Brown for the defense, you may give your opening statement.”
DEFENSE
“Thank you your honor. Ladies and gentlemen of the Jury………...”
Calling Witnesses
JUDGE
“Mr. or Ms. Banks for the prosecution, you may present your case and call your first witness.
NOTE: The judge needs to listen carefully for objections and either sustain or overrule the
objections.
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PROSECUTING ATTORNEY
Thank you, your honor. I would like to call __________________to the stand.
**Prosecution calls witnesses in this order**
1. Captain Rostron of the Carpathia
2. Dr. Dodge-1st class passenger
3. Carla Jensen
Bailiff swears in the witness
BAILIFF
“Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”
WITNESS
“I do.”
BAILIFF
“Please be seated.”
PROSECUTING ATTORNEY
----now ask your questions. When finished asking EACH witness your questions, say,
“ I have no further questions”
JUDGE
“Mr. or Ms. Brown, would you like to cross examine the witness?”
DEFENSE ATTORNEY
“Yes your honor, I would” NOW ASK YOUR QUESTIONS. When finished asking EACH witness
your questions, say “I have no further questions.”
JUDGE
(the witness remains on the stand until you dismiss them, so be sure to say to the witness…)
“You are dismissed, you may sit down now.”
PROSECUTION
--will continue to call all three witnesses and the Defense will continue to cross examine. When
the Prosecution is done calling all witnesses, you say to the Judge
“ The Prosecution rests its case your honor.”
JUDGE
(After the prosecution is done presenting its case, it is now the Defense attorney’s turn to present
their case.)
“Mr. or Ms. Brown, you may present your case and call your first witness.”
DEFENSE ATTORNEY
“Thank you your honor. I would like to call ___________________ to the stand.”
**Defense calls witnesses in this order**
1. Mauritz Hakan Bjornstrom-Steffanson-Passenger
2. Frederick Fleet- Titanic Lookout Officer (if necessary)
3. Charles Herbert Lightoller-Second Officer of the Titanic
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BAILIFF
“Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
WITNESS
“I do.”
BAILIFF
“Please be seated.”
DEFENSE ATTORNEY
---now ask your questions. When finished asking EACH witness your questions, say
“I have no further questions”
JUDGE
“Mr. or Ms. Banks, would you like to cross examine the witness?”
PROSECUTING ATTORNEY
“Yes your honor, I would” NOW ASK YOUR QUESTIONS. When finished asking EACH
witness your questions, say “I have no further questions.”
JUDGE
(the witness is to remain on the stand until you dismiss them, so be sure to say to the witness…)
“You are dismissed, you may sit down now.”
DEFENSE
---will continue to call all three witnesses and the prosecution will continue to cross examine.
When the Defense is done calling all witnesses, you say to the Judge
“The Defense rests its case, your honor.”
Closing Arguments
JUDGE
(now you will instruct the lawyers to give their closing statements. Be sure to begin with the
prosecution)
“Mr. or Ms. Parker for the Prosecution, you may give your closing arguments.”
PROSECUTING ATTORNEY
(present closing arguments) “Thank you, your honor. Ladies and Gentlemen of the Jury…..”
JUDGE
“Mr.or Ms. Smith for the Defense, you may give your closing arguments.”
DEFENSE ATTORNEY
(present closing arguments) “Thank you, your honor. Ladies and Gentlemen of the Jury…..”
4
Instructions to Jury
JUDGE
Members of the Jury, you are about to deliberate and decide the verdict in the case of Estate of
Hans Jensen versus White Star Lines. Your job is to determine what the true facts , and you must
all decide unanimously whether the defendant, White Star Lines, should be liable for the claims
made by the plaintiff, Carla Christine Jensen.
The Plaintiff has the burden of proof on all her claims, while the Defendant has the burden of
proof on all of its defenses. You alone are to determine whether to believe any witnesses.
You must decide whether White Star Lines was negligent. Negligence is the failure to exercise
reasonable or ordinary care. If you decide White Star Lines was negligent, you must decide if that
negligence caused the injuries and damages suffered by Hans Peder Jensen. Mr. Jensen's estate
may not recover his damages if you find that his own negligence was a cause of his injury. If you
find for the plaintiff, then you shall award to the plaintiff a sum of money which will compensate
his estate for all the damage suffered by him. You should award any future earnings to the
plaintiff for lost wages.You may now retire to deliberate. The jury foreman will hand his verdict
to the Bailiff for me to review before you read it to the court.”
When the jury returns, the court will be silenced by the Judge: “Order in the Court! Ladies and
Gentlemen of the jury, have you reached a verdict?”
JURY FOREMAN
“Yes, we have your honor.”
The foreman presents the verdict to the Bailiff who gives it to the judge. The judge will read the
verdict and return it to the Jury Foreman to read to the court.
JURY FOREMAN
“We, the jury, find the defendant (guilty of the offense of negligence, or not guilty of the offense
of negligence)
****IF GUILTY*****
JUDGE
“In what amount, if any, is White Star Lines liable to pay the plaintiff for wrongful death, future
wages, physical pain and suffering, and mental anguish prior to his death?”
JURY FOREMAN
Amount $________________