To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Wed-Fri until 3:00
What are the elements of negligence?
Jumpstart: What civil case could be brought up in
the following Office episode? Who is the
defendant? What could he be charged with?
Today’s skill assessment:
Analyzing scenarios
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
Agenda For Your Planner 3/4/14
•Reading and discussion
•What is a tort?
•Lecture: Intentional Torts
•Scenario practice
Dukes vs. Seaworld
In 1999, a bizarre death led to an equally bizarre lawsuit when Daniel
Dukes, a 27-year-old man from Florida, apparently made the dubious –
and deadly – decision to go for a late night swim with Tillikum, the
resident killer whale at SeaWorld, Orlando.
After slipping past security guards once the park had closed, Dukes
entered the water with the 5,600 kg (2,300 lbs) bull orca. The next
morning his naked body was found floating in the animal’s tank. After
death by drowning was initially suspected, the cause of death was
eventually determined to have been hypothermia.
Even so, Duke’s family sued SeaWorld, claiming the park failed to warn
people that killer whales could kill people and falsely portrayed them as
a friendly creatures – which convinced their son he would not be
harmed.
The weather report was wrong
We all know that the weather reports are frequently
wrong and we take that into account when planning our
days, but this was not the case for an Israeli woman who
sued a TV station for making an inaccurate prediction.
The station predicted good weather but it rained. The
woman claimed that the forecast caused her to dress
lightly – resulting in her catching the flu, missing a week
of work, and spending money on medication.
She further claimed that the whole incident caused her
stress. She sued for $1,000 – and won.
Scenarios
►Harry, a school bus driver, has a heart attack
while driving the bus. The bus slams into a
wall, injuring several students. One month
earlier Harry’s doctor had warned him of his
heart condition.
1) Who is the defendant
2) Should the defendant pay for the victim’s
damages?
Review: Criminal vs. Civil
Criminal
►Break a state law,
prosecutor files
charges
►Charged
►Guilty or not guilty
►Result = Punishment
Civil (Tort)
►A private party (e.g., a
corporation or individual
person) files the lawsuit
►Sued
►Liable: Can be “sort of”
liable
►Result = Compensation
often payment
Torts: Fact or Fiction?
Which of the following do you think has actually occurred?
1. A woman sued a doctor for malpractice because he invited his
friend to watch him deliver her baby.
2. A woman sued a cab company when a cab without a driver hit
her. The driver had jumped from the moving cab to escape a
robber who had pointed a gun to the driver’s head.
3. A construction worker sued his employer for injuries sustained
when he was hit by an out-of-control car and thrown nearly
100 feet into a vat of boiling tar. The construction site had not
been properly cordoned off.
Definition of a Tort
Black’s Law Dictionary defines a tort as
1. A civil wrong for which a remedy may be
obtained, usually in the form of damages…
A far less formal definition of a tort is
1. All the crazy stuff that you can possibly
imagine happening to a person because of
someone else
Types of Torts
► There are a variety of torts, which can broadly be
broken into the following three categories:
1.Negligent Torts (Negligence)
2.Intentional Torts
3.Strict Liability Torts
Negligent torts
Negligent torts, as their name suggests, are
torts that are caused by the negligence of
the tortfeasor, or person who commits the
tort.
Example: Drunk drivers
Negligent Torts: Elements
• There are four basic elements of negligence:
1) Duty & Standard of Care
2) Breach
3) Causation
4) Damages
The victim has to prove ALL four of these to win a
case
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Wed-Fri until 3:00
Today’s skill assessment:
Note-taking
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
March 12th (next Wed)
will be negligence
assessment
Students will understand the elements of duty
for negligence.
Jumpstart: Fill out the grade reflection half sheet
and the comment codes using the handout
Agenda For Your Planner 3/5/14
•Fill out comment code and grade reflection
sheet
•Discuss 4 elements of Negligence
•Discussion on duty and reasonable person
test
PRINCIPLES OF NEGLIGENCE
• N = D + S + B + C of (I or D)
• A DUTY of reasonable care exists
• The STANDARD of care
– reasonable person test = ideal citizen
• BREACH of the standard = violated the standard
owed to someone
• CAUSATION
• INJURY or DAMAGE results
Negligent Torts: Duty
Everyone has an obligation to exercise due care all of
the time.
Standard of care is the amount of care that a
reasonable person would exercise
A reasonable person is an imaginary ideal citizen
who takes the precautions to avoid harming
another person or their property.
Negligent Torts: Duty
• Can you think of examples of due care that
each of the following people must exercise?
1.An owner of an aggressive dog.
2.A high school football coach.
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the elements of
breach, causation and damages for negligence.
After School Schedule:
Thurs-Fri until 3:00
Jumpstart: What is one incident you experienced
where you or someone else did not follow the
Today’s skill assessment: proper standard of care in a situation and were
Note-taking
perhaps negligent?
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
March 12th (next Wed)
will be negligence
assessment
Agenda For Your Planner 3/6/14
•Lecture: Breach, causation and damages
•Look at scenarios
•Come up with the four components for the
scenarios
Negligent Torts: Breach
• Once you determine the standard of care, you
ask, did the defendant follow that standard of
care?
• For example, if the football coach is supposed
to check equipment before the season starts,
did he follow all the standards of care he
should?
Scenario
• Jim is infected with HIV, the virus that causes
AIDS. He is new in town and does not want
anyone to know about his condition. He
becomes romantically involved with Amy and
has unprotected sex with her but does not
disclose his infection. Amy contracts the virus.
• Did Jim have a duty to tell Amy about his
condition? Explain
• Would it make a difference if AIDS were
curable?
• What, if anything, should Amy be able to
recover in damages from Jim?
Breach
• Given the following scenarios, determine duty
(standard of care) and how could they be
breached?
1. A parent brings their 3 year old to the grocery
store.
2. Carly is going to babysit a 4 year old and a 1 year
old
3. Mike is doing batting practice in his back yard
4. Nick is driving to school
5. Jennifer lights a candle in her home
Negligent Torts: Causation
• Because the defendant breached his duty, did it
CAUSE harm to be done?
• There must be proof that the defendant’s acts
caused harm
Negligent Torts: Causation
• There are two types of causation:
1. Cause in fact – It’s a direct cause
ex.) I text and drive and get into
an accident
2. Proximate cause – close
connection to the harm caused ex.)
Chicago Fire
Great Chicago Fire
In 1871, a major fire
destroyed much of the
city of Chicago. After a
thorough investigation
the cause of the fire
was determined. It
began in Mrs.
O’Leary’s barn when a
cow she had been
milking kicked over a
kerosene lantern she
had placed too close
to the cow’s rear leg
Results of fire
• 3.1 square miles
• $192 million in
damage
• 100,000 left
homeless
• 300 people died
Damages Available in Tort Cases
►Compensatory Damages: An award that puts plaintiff
in same position he/she would have been in had tort
not occurred (pay $4,000 for hospital bills…can also
include loss wages etc…)
►Nominal Damages: A minimal amount that signifies
defendant’s behavior was wrongful, but caused no
harm ($1…symbolic award of money)…just to
recognize someone was wrong
►Punitive Damages: Damages that punish defendant,
seeking to deter such conduct in the future from
defendant and others
Damages
• Nominal and Punitive damages can be
awarded for intentional torts, but not for
negligence
• Compensatory are the only damages collected
on negligence
Negligent Torts: Damages
The basic idea of damages is fairly simple: All injuries
can be reduced to a monetary amount.
The real difficulty comes in calculating damages. For
example, it is pretty easy to figure out how much a
totaled car is worth, but it’s not so easy to figure
out how much eyesight is worth.
Directions
• On a sheet of paper you will determine, the duty, breach,
cause, and damage done with each of the following scenarios.
#1 Banana Peel
Duty:
Breach:
Cause:
Damages:
#1 Banana Peel
• Banana Peel is on the ground on private property
that is a public place (like a mall, bus station, grocery
store). The peel is old and mashed up, and has
clearly been on the ground for a while. While Tim is
walking he slips on the banana and cuts his head
open.
#1 Banana Peel
Duty:
Breach:
Cause:
Damages:
#2 Chainsaw
• The chainsaw is lying in the backyard with a lot of
neighborhood kids running around. Kasey picks up
the chainsaw and cuts her friend Austin’s finger off.
#2 Dangerous Object
Duty:
Breach:
Cause:
Damages:
#3 Screw
• The screw has been left in the body of the patient
after surgery. Patient has constant stomach pain.
#3 Screw
Duty:
Breach:
Cause:
Damages:
#4 Unlocked gate with pool
• You have a pool in your backyard. You have a gate
but it is unlocked. Your 6 y/o neighbor snuck over to
your yard and easily entered into your yard and
drown in the pool.
#4 unlocked gate to pool
Duty:
Breach:
Cause:
Damages:
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will create negligent scenarios to
practice identifying all four elements of
negligence
After School Schedule:
Fri until 3:00
Jumpstart: Have a seat wherever you’d like and
count up the number of jumpstarts you have and
Today’s skill assessment: write that total number at the top and circle it.
Synthesizing information
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
Next Wed is your quiz
over negligence
Agenda For Your Planner 3/7/14
•Instructions on activity
•Complete example of what you are doing
•Work in teams to create negligent scenarios
Directions
1.
2.
3.
4.
5.
Goal: Create negligent scenarios to practice
identifying all four elements of negligence
In groups of 3 you will create a scenario using
the prop. Get creative, there is no right or
wrong answer 
You will then discuss the duty or proper care
someone should exercise with that object in
your scenario (duty)
Then explain how they breached it
Describe what happened as a result of the
individual breaching their duty(causation)
Lastly, explain what damages occurred
because of it (damages)
Negligent Torts: Damages: Hypo
Betty and Derek are walking to school. Steven is driving down the
street talking to his friends in the backseat. One of Steven’s
friends screams “Look out!” Steven reacts by turning the wheel
of his car, which jumps the curb and pins Betty’s arm to the wall
crushing it. What remains of Betty’s arm needs to be amputated.
Q1: How much is Betty’s arm worth?
Q2: Does the answer change if Betty was a concert pianist?
Q3: What if Betty simply wanted to be a concert pianist, but wasn’t
one yet?
Early on the morning of July 7, 2001, a prankster
dumped detergent into Canal Park's Fountain of Wind in Duluth,
Minn., creating a mountain of bubbles. Several hours later, passerby
Kathy Kelly walked into the suds and slipped into the fountain,
sustaining a laceration to her left lower shin. Due to her diabetes the
cut later became infected, resulting in $43,000 of medical expenses.
Kelly sued the city because it had not cleaned up the suds or posted
warning signs, despite the fact that municipal workers had received a
call concerning the hazard some four hours earlier. In March 2004, a
jury found the city 70 percent responsible and Kelly 30 percent
responsible for the injury, awarding $125,000 to the plaintiff. The
fountain is now encircled by a railing.
It's hard to believe that anyone could win a lawsuit for being injured while
trespassing on someone else's property. But that's exactly what happened to
two Lancaster, Pa., teens who were severely burned atop a parked railroad car
in 2002. While out skateboarding, Jeffrey Kline and Brett Birdwell illegally
entered property owned by Amtrak and Norfolk Southern Corp. and climbed
on top of a boxcar in hopes of getting a view of the city. An uninsulated wire
suspended above the train jolted Klein with 12,500 volts of electricity, causing
severe burns over 75 percent of his body. Birdwell received burns over 12
percent of his body when he ran to assist his friend, whose clothes were on
fire.
In the October 2006 trial, a jury said that, although they were trespassing, the
17-year-old boys bore no responsibility for the accident. Instead the blame
fell entirely on Amtrak and Norfolk Southern for failing to post signs warning
of the danger from the electrified wires that power locomotives. For medical
costs, pain and suffering, and "loss of life pleasures," the teens received a
combined $24.2 million.
Some people might be honored to resemble a famous athlete -- but
not Allen Heckard. The Portland, Ore., man said he had been mistaken
for basketball legend Michael Jordan almost every day for 15 years -and was sick of it.
In 2006, he sued the former Chicago Bull along with Nike cofounder
Phil Knight (for promoting Jordan) for a combined $832 million,
claiming personal injury and emotional pain and suffering. Heckard, an
African-American with a shaved head and an earring in his left ear, did
look a little like Jordan, but he was also 6 inches (15.24 centimeters)
shorter and eight years older than his more famous counterpart. He
soon dropped the lawsuit. It was pretty clear that Heckard's case didn't
have a leg to stand on after he explained why he chose to sue Jordan
and Knight for $416 million each: "Well," Heckard reasoned, "you
figure with my age and you multiply that times seven and, ah, then I
turn around and, ah, I figure that's what it all boils down to."
In March 2005, Anna Ayala filed a claim against a Wendy's franchise
owner in San Jose, Calif., asserting that she had found a fingertip in a
bowl of chili. The bad publicity that resulted cost the fast-food
chain approximately $21 million in lost sales and cut business at some
northern California locations by as much as 50 percent. But authorities
found no evidence of missing fingers at the accused restaurant or
anywhere along Wendy's supply chain.
Suspicion soon turned on Ayala, who was eventually arrested and
found guilty of attempting to extort money from Wendy's. She served
four years of a nine-year sentence, and, as a condition of her
probation, was banned from ever returning to the restaurant that she
sued. And where did the finger come from? It was traced to Brian
Rossiter, a co-worker of Ayala's husband, who lost it in a work accident
and gave it to the couple to settle a $100 bet.
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
What are the elements of negligence?
After School Schedule:
Mon-Tues until 3:00
Jumpstart: New piece of paper will be needed for
jumpstarts. What scenario that you created last
Today’s skill assessment: week was the most creative? Describe it.
Synthesizing information
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
Quiz over negligence
Wed
Agenda For Your Planner 3/10/14
•Scenario: McDonald’s Scenario
•Lecture: Defenses to Torts and Damages
•Vocabulary practice
Jumpstart
1. Dr. D’Angelo, a surgeon, forgets to remove a clamp
from a patient’s body while operative and stitches
the patient up, patient spends two extra weeks in
hospital because it caused internal damage.
2. Monica leaves a loaded rifle on the floor where her
younger brothers and sisters usually play and one
gets shot.
3. A city employee working in a manhole forgets to
replace the cover when he goes to lunch and a
pedestrian falls in and is injured
1.
2.
3.
4.
What is the duty in each scenario?
How was it breached?
Did it cause damage?
What were the damages?
Jumpstart cont…McDonalds Story
• http://www.youtube.com/watch?v=pCkL9UlmCOEW
ho is the plaintiff? Defendant?
Prove negligence…(duty, breach, causation,
damages)
Defenses to Negligence
1. Contributory negligence
2. Comparative negligence
3. Assumption of the risk
Contributory Negligence
• AS the plaintiff (victim), you cannot recover
from the defendant if your own negligence
contributed.
– Ex.) If I’m warned not to walk on the wet floor and
I do it anyways and injure myself I cannot collect
damages.
Comparative Negligence
• Dividing the loss according to the
degree in which each person is at fault
• Ex.) If Al and Bob are in a car accident
and Bob was driving Al can sue Bob for
$10,000 in damages done
– But if Al was somewhat negligent himself,
for example, he wasn’t wearing his
seatbelt, the jury may find that Bob was
90% liable and Al was 10% liable,
therefore the damage was reduced by
$1000 (10% of $10,000) and Bob only
pays $9,000
Assumption of Risk
• A person voluntarily encounters a
known danger and decides to accept
the risk of that danger.
• Ex.) A hockey fan knows that on rare
occasions a hockey puck can be
deflected off a player’s stick, over the
glass that surrounds the rink, and into
their lower seats. A fan who buys such
a seat knows the risk and agrees to
accept the danger.
Type of tort
& what it is
Negligence =
How do you prove it?
Duty:
*Standard of
care
*Reasonable
Person Test
Breach:
Causation:
1. Cause in
fact:
2. Proximate
cause:
Damages:
Damages
Defenses
Compensatory
1. Contributory
Damages =
Payment that
covers all medical,
injury related,
damage done to
put the victim back 2. Comparative
to where they
were before the
negligent act
occurred.
3. Assumption of
risk
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Tues until 3:00
Today’s skill assessment:
Synthesizing information
Tonight’s homework for
your planner:
Review your notes
Next Due Date for your
planner:
Quiz over negligence
Wed
Students will understand the key vocabulary
for negligence by creating vocabulary sheets
Jumpstart: What are three expectations when you
have a substitute teacher?
Agenda For Your Planner 3/11/14
•Review: Substitute expectations
•Video: Frivolous lawsuits
•Work on 10 vocab words
Frivolous Lawsuits
• http://www.youtube.com/watch?v=uIAWKD8
dvgk
Vocab
DUTY, BREACH & CAUSATION
1. Duty
2. Breach
3. Standard of Care
4. Causation
5. Proximate Cause
6. Cause in Fact
DAMAGES & DEFENSES
1. Damages
2. Compensatory Damages
3. Nominal Damages
4. Punitive Damages
5. Contributory Negligence
6. Comparative Negligence
7. Assumption of Risk
GOAL: Finish 10 vocabulary words (we have already
done 1)
Definition: An award that puts
plaintiff in same position he/she
would have been in had tort not
occurred
Characteristics or Traits (2-3 bp):
• Medical bills would be paid
• Damage/Repair
• Lost wages from missing work
• Anything that put the plaintiff
behind in funds
Compensatory
Damages
Examples:
Jimmy gets into car accident,
Negligent driver pays $10,000 for car
damage and $5,000 for medical bills
Non-Examples:
• You cannot sue for more than
the damage done, if someone
causes $10,000 in damage I
can’t sue for $100,000
• It’s not damages just to prove
you won (nominal)
• It’s not to simply punish the
other person (punitive)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Next week
Students will demonstrate their learning on
negligence
Jumpstart: Take 4 minutes and study for your quiz
Today’s skill assessment: Agenda For Your Planner 3/12/14
Synthesizing information •Study: 4 minutes
•Turn in vocabulary sheets (stapled and name
Tonight’s homework for on front)
•Quiz
your planner:
Next Due Date for your
planner:
Quiz over negligence
today
Turn in quiz up front and read quietly or work
on homework
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Next week
Today’s skill assessment:
Synthesizing information
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner:
Next Wed. quiz over
intentional torts
Students will learn about intentional torts
Jumpstart: How did you feel you did on yesterday’s
assessment? Why? How prepared did you feel?
Agenda For Your Planner 3/13/14
•Lecture: Intentional Torts
•Study your notes
Intentional torts
1) The defendant intended the physical
consequences of his/her own action;
and
2) Knew, or should have known, that
the intended consequences of his/her
action were substantially certain to
occur
Intentional Torts (Against
Persons)
1. Assault/Battery
2. Intentional Infliction of Emotional
Distress
3. False Imprisonment
4. Slander
5. Libel
Assault
 Intentional, unlawful threat to cause bodily injury to another
person by force
 Under circumstances that create a well-founded fear of imminent
peril (danger that is soon to come)
 Where there exists the apparent present ability to carry out the
threatened act
 Note: Assault can be committed even if there is no actual contact
with plaintiff, and even if the defendant had no actual ability to
carry out the apparent threat.
 Defenses:
 Unavoidable, Consent, Police conduct, Self-defense, Defense of
property
Battery
 Battery – an intentional touching of a person
against that person’s will by another person, or by
an object or substance put in motion by that other
person
 Note: Offensive touching can constitute battery
even if it does not cause injury, and even if it could
not reasonably be expected to cause injury
 Defenses: Unavoidable, Consent, Police
conduct, Self-defense, Defense of property
Infliction of Mental
Distress
 Defendant must act intentional
 Defendant’s conduct must be extreme and
outrageous
 Defendant must be the cause of severe emotional
distress
 Note: Actions must be regarded as utterly
intolerable in a civilized community. Must be more
than malicious; more than insults, annoyances or
petty disagreements
False Imprisonment
When the defendant intentionally confines
the plaintiff, either physically or by
overcoming the plaintiff’s will, to a definable
area from which there is no reasonably
apparent means of escape
See: Office Video, Launch Party, 25:45
Defamation = Slander (spoken) or Libel
(written)
Elements:
Occurs when a person makes a false
statement that is communicated to a
third party causing harm
In “slander” – oral statements that
harm reputation
In “libel” – written statements that
harm reputation
Must show injury
Directions for activity
1. You will read 11 different short scenarios
with a partner.
2. After you read the scenario you will
determine
1. What type of tort is being committed?
2. Is the defendant guilty or not guilty of
committing that tort?
3. Why did you come to the verdict you did based
on the definitions of each intentional tort?
Activity
Scenar Type of
io
Intentional
Tort
Predicte
d
outcome
#1
Defendant Tom committed an act by unlawfully
= guilty
threatening bodily harm to Joe that
created fear and it appeared as if Tom
had the ability to carry out the
threatened act
#2
#3
#4
#5
#6
#7
#8
#9
#10
Assault
Why?
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Next week
Today’s skill assessment:
Synthesizing information
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner:
Next Wed. quiz over
intentional torts
Students will learn about intentional torts
Jumpstart: Create a scenario where an intentional
tort occurs.
Agenda For Your Planner 3/14/14
•Finish Activity from yesterday
•Go over answers to yesterday’s activity and
turn in worksheet
•Reading: Libel case
•Discussion on Libel
•Video: The Office – Look for Intentional Torts
•Lecture: Defenses to Intentional Torts
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#1
Assault
Defendant
= guilty
Tom committed an act by unlawfully
threatening bodily harm to Joe that
created fear and it appeared as if Tom
had the ability to carry out the
threatened act
#2
Battery
Defendant
= guilty
Fred committed battery by willfully
touched Steve against Steve’s will,
even though Steve may not have been
injured by the poking.
#3
Battery
Defendant
= not
guilty
According to the facts, Joe reasonably
believed that Tyler was going to spit in his
face. The threat of such action constituted
an assault by Tyler, which entitled Joe to use
such reasonable force as was necessary, or
which at the time reasonably appeared to be
necessary, in self defense to protect himself
from bodily harm. Joe’s act of pushing Tyler
away was reasonably proportionate to the
threat of being spit upon.
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#4
Battery
Defendant
= guilty
Natalie reasonably believed that Angela
was going to punch her. As in the
previous example, Natalie was entitled
to use reasonable force to protect
herself from bodily harm. The problem
here is that hitting someone with a
baseball bat is not reasonably
proportionate to the threat of being
punched.
#5
Battery
Defendant
= not
guilty
This is a clear case of a plaintiff (Alex)
voluntarily engaging in a fight with a
defendant (Steve) just for the sake of
fighting and not as a means of selfdefense. In such a case the plaintiff
may not recover for an assault or
battery unless the defendant uses
unreasonable force.
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#6
Battery
Defendant
= guilty
The problem here, unlike in the
previous scenario, repeatedly kicking
someone in the head after knocking
them down constitutes unreasonable
and excessive force. As a result, the
defense of voluntary (mutual) combat
is not available to Steve, and thus Alex
may recover for battery.
#7
Battery
Defendant
= not
guilty
Katie’s injuries resulted from Erica’s
violation of a rule that is part of
ordinary play in the game of basketball.
A court would accordingly hold that by
playing the game of basketball, Katie
consented to the possibility that
someone like Erica might foul her hard
– even flagrantly. As a result, Katie
cannot recover for battery.
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#8
Intentional
Infliction of
Mental
Distress
Defendant
= not guilty
In this case, while Joe, the plaintiff would claim
intentional infliction of emotional distress, the
conduct would not likely be treated as severe
enough to rise to the level of recovery under an
IIMD theory. The defendant’s actions would have
had to have been the cause of severe emotional
distress. Here, Joe did not seek further medical
care, from which it would be inferred that the
emotional distress was not so severe.
#9
False
Imprisonment
Defendant
= guilty
In this case Officer Smith unlawfully imprisoned
Amy by arresting her, since there was no legal
grounds for an arrest for failure to produce a
driver’s license for not keeping a dog on a leash.
The court found under similar circumstances, in
Enright v. Groves (1977), that a false arrest arises
when someone is taken into custody by a person
who claims, but does not have legal authority to do
so. Here, since there was no law that required a
person to show her driver’s license on demand for
such a leash law violation, Amy’s refusal to do so
was not an offense that could lead to arrest.
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#10
False
Imprisonment
Defendant
= guilty
In this case, the defendant Lenny
confined the plaintiff Matilda to a
definable area from which there was no
reasonably apparent means of escape.
The fact that Lenny refused to allow
Matilda a row boat to get ashore meant
that Matilda had no practical means to
get ashore, and was thus imprisoned on
the boat against her will. The court
found for a plaintiff in similar
circumstances in Whittaker v. Sanford
(1912), that the restraint was physical,
and that the sea was the physical
barrier, and that refusal of a boat to get
ashore constituted unlawful
imprisonment.
Activity
Scenario
Type of
Intent.
Predicted
outcome
Why?
#11
Battery
Defendant
= guilty
In this case, the snatching of the plate
out of Gerald’s hands would be a
battery, since the plate was directly
touching Gerald’s hands. The court in
Fisher v. Carousel Motor Hotel (1967)
found that the intentional grabbing of
the plaintiff’s plate and racial epithet
constituted a battery. The court noted
that it was not necessary to touch the
plaintiff’s body, but that touching
anything connected with his person,
when done offensively would count as a
battery.
Reading
 Directions: Read the following story about a
case of libel.
1. Why couldn’t the school do anything about the
issue?
2. Whose job is it to stop teenagers from this
behavior?
3. What comment that the girls posted is most
likely to be considered libel? Why?
Libel = Occurs when a person makes a false
written statement that is communicated to a
third party causing harm
Review Activity Directions
http://www.youtube.com/watch?v=Amyc7EJ
pMf4
Write down as many intentional torts Jim
commits against Dwight
DEFENSES TO INTENTIONAL TORTS
1.Consent
2.Self-defense
3.Defense of property
4.Defense of third person
5.Legal authority
Consent
Most common defense to intentional torts.
Defendant and victim agreed to the harmful
conduct
Can be written, spoken or assumed based on
situation
Self-defense
Well known, you can use reasonable force to
protect or defend yourself
Deadly force is considered excessive unless
your life is in danger
If Shaun is attacked by Travis, Shaun can use
reasonable force to protect or defend himself
If Travis later sues Shaun for battery, Shaun
will be able to use self-defense to justify his
actions as long as the force was not
excessive
Defense of property
Allows people to use reasonable
force to defend their home and
property
Deadly force is never considered
reasonable when defending
property
Defense of a third person
The action was taken to defend
another person
Legal Authority
There are laws that allow this behavior
Example: Police officer can
restrain/imprison someone, parents have
legal authority to use reasonable force to
discipline their children/restrain children
Review
Study your notes
High School Prank –
Intentional Tort
 As a high school prank, Johnny decides to put a cardboard cat in
the middle of the street. He chooses a lightly travelled
neighborhood road in Bonney Lake.
 That night Miranda is driving and sees the cat and slams on the
brakes. She lost control of the car and slams into a nearby tree.
Miranda and her four year old son are seriously injured. It takes
several months to recover from the accident.
 Miranda brings a civil suit against Johnny, claiming extensive
damages. Can they prove that Johnny's act caused their
harm? Explain
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Mon-Fri until 3:15
Today’s skill assessment:
Note-taking
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner: Begin Tort
Project on Thurs/Fri
Students will understand the components of
intentional torts against property and strict
liability
Jumpstart: Name three intentional torts and what
they are.
•
•
•
•
Agenda For Your Planner 3/17/14
Lecture: Intentional Torts against property
Lecture: Strict Liability
Video: Strict liability
Sign up for your positions for the fairytale
project
Intentional Torts against
Property
Have you ever had something taken,
had something you owned destroyed or
tampered with? What did you do in
response?
Three Types of Property
1. Real Property - land and items
attached to it like house, fence
etc…
2. Personal Property - Can be moved
like cars, clothing etc…
3. Intellectual Property – Creations
of a person’s mind
Intentional Torts against
Real Property
1. Trespass
2. Nuisance
TRESPASS TO LAND
The tort of trespass to
land is entry onto the
property of another
without the owner’s
consent.
Nuisance
Occurs when there is an unreasonable
interference with the use and enjoyment of
your property.
The key is “unreasonable interference”
https://www.youtube.com/watch?v=81szj1vpE
u8
 Example: McKenna and Ben are neighbors. One Sunday, McKenna
has a large BBQ in her backyard, and Ben is unable to listen to the
soap operas on TV outside while lying on his hammock. This onetime event is not a nuisance. If McKenna were to cut her lawn at 6
o’clock every Sunday morning however that would probably be a
nuisance.
Intentional Torts against
Personal Property
1. Conversion
2. Fraud
CONVERSION
Conversion occurs if the property is stolen,
destroyed, or used in a manner inconsistent
with the owner’s rights.
A thief is always a converter.
http://www.youtube.com/watch?v=tRIEe9Cy6w
FRAUD
Fraud occurs when there is an
intentional misrepresentation of an
existing important fact.
must financial injury.
Intentional Torts against
Intellectual Property
1. Infringement
Infringement
When a person uses a copyrighted
work and benefits from it by stealing
someone else’s intellectual property
Strict liability torts
 Where the law has determined that some activities are so
dangerous that an individual engaging in those activities is
liable for damages regardless
 Example: blasting with dynamite, owning a tiger,
manufacturers who sell defective products
 There is no need to prove that the defendant was negligent or
intended to cause harm
 Only need causation and damages. Just compensatory
http://www.youtube.com/watch?v=xwidefc2wpc
Example
Assume a demolition company has been hired to
dynamite an old downtown building. While
demolition can be necessary, it is dangerous to use
dynamite in a populated area. No amount of care can
totally eliminate the risk. Therefore, the law imposes
strict liability. The demolition company must assume
the risk of any foreseeable harm caused, even if the
company is very careful and not negligent
What do you think?
In which of the following should the plaintiff be able to recover
based on strict liability? Or is it negligence?
Sumner’s waste treatment plant develops a leak, and harmful
bacteria are released into the town’s water supply. Hundreds of
families become sick?
Acacia brings her car to a mechanic for repairs. As she enters
the garage, she slips on spilled motor oil and breaks her ankle.
Tristen drives by a construction site in downtown Seattle.
Following a sudden blast from the site, he is injured by a piece of
cement that crashes through her windshield.
Justin is eating lunch at a cafeteria. A waiter races by and knocks
a pot of coffee into Justin’s lap, burning him badly.
Defenses
• Very hard to defend strict liability
• Often time you can say the consumer misused
the product
my.sumnersd.org
Click on triangle
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Tues - Fri until 3:15
Today’s skill assessment:
Note-taking
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner: Tort Project
due Tues
Students will understand the components of
intentional torts against property and strict
liability
Jumpstart: What movie are you doing, who is suing
who? On what charges?
Agenda For Your Planner 3/20/14
• Explain project
• Work in teams
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the components of
intentional torts against property and strict
liability
After School Schedule:
Tues - Fri until 3:15
Jumpstart: What tort do you have to explain duty,
breach, causation and damage for? What ones do
Today’s skill assessment: you not need to explain the four elements for?
Note-taking
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner: Begin Tort
Project on Thurs/Fri
Agenda For Your Planner 3/21/14
• Work in teams
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Tues - Fri until 3:15
Students will understand the components of
intentional torts against property and strict
liability
Jumpstart:
Today’s skill assessment: Agenda For Your Planner 3/24/14
• Work in teams
Note-taking
Tonight’s homework for
your planner:
Study your notes
Next Due Date for your
planner: Begin Tort
Project on Thurs/Fri
Assignment
Select a story that illustrates a situation
that could result in a tort (for example:
could Goldilocks sue the three bears or
vice versa? Should Chicken Little be liable
for the emotional distress he caused his
neighbors when he repeatedly claimed
the sky is falling?)
1.Identify potential plaintiffs and
defendants.
2.Identify whether it is an intentional
tort, negligence or strict liability tort.
3.Then narrow it down to the specific
claims the plaintiff will make, for
example, if they are claiming
intentional tort, are they charging the
defendant with false imprisonment and
infliction of emotional distress?
4.Identify whether the plaintiff can show
the required elements of a tort claim.
5. Identify the evidence they plaintiff has
that the tort occurred.
6. Include arguments each side (plaintiff
and defendant) would use during a trial.
7. Identify the defenses that might apply to
the defendant.
8. Include damages the plaintiff would
seek.
9. BONUS Would the defendant counter
sue? Why? They would need to prove
all the applicable tort elements. The
plaintiff would then need a defense or to
prove a tort element was missing.
Essentially you need to go through steps
2-7 again.
Begin
• Find a partner to work on the project…you may work
by yourself if you’d like to
• Use the planning guide before you begin on the
presentation itself
• 1st – Decide what story you want to focus on and let
teacher know…only 2 groups can have same story
• 2nd – Begin coming up with plaintiff and defendant
• 3rd – Is it intentional tort, negligence or strict liability
or multiple?
2nd Period
Names
Movie/Fairytale
Brady, Jaron & Phil
Lilo & Stitch
Rachel & Rhianna
Pinocchio
Rosa, Angelica & Josilyn
Snow White
Tristan & Riley
Wreck it Ralph
Madison
Aristocrats
Kaiden, Cole & Logan
Despicable Me
Tucker, Tyrone & Matt
Stepbrothers
Gage Waddell
Ironman
Emily, Taylor & Alyssa
Toy Story III
Gillian, Mariah, & Carly
The Lion King
Michael, Brent & Blake Waaga
Shrek 2
3rd Period
Names
Movie/Fairytale
JD & Kyle
The Other Guys
Austin & Duncan
Starship Troopers
Riley & Alec
Hot Rod
Cecil
Lord of the Ring - Return of the King
Josh & Emily
Tangled
Carson, Francisco & Ricky
Hangover
Jake, Evan & Josilyn
Super Troopers
Colin & Makai
Superbad
Kaden & Carlyn
Goldilocks
Andie & Jordan
Little Mermaid
Baylee & Mattea
Little Mermaid II
EJ & Alex
Friday
Seth & Teagan
Pokemon
5th Period
Name
Movie/Fairytale
Tyson & Drew
Identity Thief
Mason & Chris
Lilo & Stitch
Morgan & Sierra
Coraline
Tanner & Chandler
Cars
Thomas & Brydan
Shrek
Aung
Beauty & the Beast
Jordon & William
Toy Story II
Brenna & Coleton
Mulan
Adri & Johnstone
The Incredibles
Kyle & Samantha
The Lorax
Tessa, Autumn & Anna
Lion King
Michael & Nick
6th Period
Name
Movie/Fairytale
Logan & Clay
Stepbrothers
Marissa
Little Red Riding Hood
Taurus & Nate
Bad Grandpa
Karla & Fernanda
Taken
Bailey & John
Felon
Bridger
Iron Giant
Kianna & Cassidy
Identity Theft
James & Katie
Aladdin
Karely & Stephanie
Joseph the Dreamer
Brianna & Jessica
Toy Story II
Wyatt & Jake
The Office
Tyler
Tron
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will demonstrate their knowledge of
Torts through fairytale project.
After School Schedule:
Wed & Fri until 3:15
Jumpstart: Alan, 17, lends his car to his friend
Lauren, 16, so that she can pick up her
Today’s skill assessment: homecoming dress. Lauren drives to a large mall.
As she hurries into the store to pick up the dress,
Communication Skills
she leaves the keys in the car and the driver’s side
door unlocked. When she returns 10 minutes later,
Tonight’s homework for the car is gone. Lauren calls Alan immediately and
your planner:
he reports the car stolen. The car cannot be found.
Can Alan sue Lauren for the value of the car? Why
Next Due Date for your or why not?
planner:
Next Tues Assessment
Agenda For Your Planner 3/25/14
over Civil Law
•Pass back papers
(Negligence, Int. Torts, •Present Clips
Strict Liability)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will demonstrate their knowledge of
Torts through fairytale project.
After School Schedule:
Wed & Fri until 3:15
Jumpstart: Mason and Hayden are BFF’s but love
to play pranks on one another. One day Mason
Today’s skill assessment: runs over Hayden’s $300 longboard and ruins it. To
return the prank Hayden smashes Mason’s
windshield causing $300 in damage. To get even
Tonight’s homework for Mason decides to slash Hayden’s tires costing
your planner:
$500 in damage. Who could sue and for how
Review Civil Law
much?
Next Due Date for your
Agenda For Your Planner 3/26/14
planner:
•Pass back papers
Next Tues Assessment •Present Clips
over Civil Law
(Negligence, Int. Torts,
Strict Liability)
Tuesday 3/25/14
Period 1:
7:25 – 8:10
Period 2:
Lunch A:
Period 3 (A):
Period 3 (B):
Lunch B:
8:15 – 9:00
9:00 – 9:35
9:40 – 10:25
9:05 – 9:50
9:50 – 10:25
Wednesday 3/26/14
Period 4:
9:05 – 10:05
RTI:
10:10 – 10:35
Lunch 1:
10:40 – 11:10
Advisory (1): 11:15 – 12:10
Advisory (2): 10:40 – 11:10
Lunch 2:
11:10 – 11:40
Advisory (2): 11:45 – 12:10
Advisory (3): 10:40 – 11:40
Lunch 3:
11:40 – 12:10
Period 5:
12:15 – 1:15
Period 6:
1:20 – 2:20
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Fri until 3:15
Today’s skill assessment:
Tonight’s homework for
your planner:
Review negligence
Next Due Date for your
planner:
Next Tues Assessment
over Civil Law
(Negligence, Int. Torts,
Strict Liability)
Students will demonstrate their knowledge of
Torts through fairytale project.
Jumpstart: Which presentation has been the best
so far? Why?
Agenda For Your Planner 3/27/14
•Pass back papers
•Present Clips
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will demonstrate their knowledge of
Torts through fairytale project.
After School Schedule:
Fri until 3:15
Jumpstart: What are the differences between civil
and criminal law? Try and come up with three
Today’s skill assessment: differences.
Tonight’s homework for
your planner:
Review Civil Law
Next Due Date for your
planner:
Next Tues Assessment
over Civil Law
(Negligence, Int. Torts,
Strict Liability)
Agenda For Your Planner 3/28/14
•Present Clips
•Review
•Watch Movie/Review Jeopardy (6th)
http://www.cbs.com/shows/48_hours/video/23
02902437/secrets-of-the-river/
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will know what they need to study in
order to be prepared for their assessment on
Civil Law
After School Schedule:
Mon-Fri until 3:15pm
Jumpstart: Before you are on a team, what are
some things you should do as you read the next
Today’s skill assessment: mock trial case?
Review and memorize
info.
Tonight’s homework for
your planner:
STUDY!!!
Next Due Date for your
planner:
Test for Civil Law
TOMORROW!
Agenda For Your Planner 3/31/14
•Study for Civil Law Test
•Begin mock trial
Negligence
Requirements Unintentional tort
Defenses
Intentional Tort
Intentionally against person or
Property
Strict Liability
Defendant took a risk and
caused injury
Duty: What was the duty Against Person:
Of care that was owed?
1. Assault
2. Battery
Breach: How did the
3. False Imprisonment
Defendant breach that
4. Defamation (slander/libel)
Duty of care?
5. Intentional infliction of
emotional distress
Causation: What did the
Defendant do that
Against Real Property:
Caused harm?
1. Trespass to private property
2. Nuisance
Damage: What damage
Against Personal Property:
Was done due to the
1. Conversion
Defendant’s negligence? 2. Fraud
Against Intellectual Property:
1. Infringement
Causation: What did the
Defendant do that
Caused harm?
1. Contributory
Negligence
Misuse or ignored
warnings.
2. Comparative
Negligence
3. Assumption of Risk
1. Consent
2. Self-defense
3. Defense of property
4. Defense of third person
5. Legal authority
Damage: What damage
Was done due to the
Defendant’s negligence?
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Tues-Fri until 3:15pm
Today’s skill assessment:
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Students will demonstrate their understanding
of Civil Law through the assessment.
Students will understand the scope of the mock
trial
Jumpstart: What did you do to prepare for this
assessment today?
Agenda For Your Planner 4/1/14
•Study for Civil Law Test (5 min)
•Civil Law Test (10-15 min)
•Correct tests (5 min)
•Hand back papers (5-10 min) – Discuss
missing work
•Finish reading packet (20 min)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the sequence of
events in the trial according to the witness
statements.
After School Schedule:
Tues-Fri until 3:15pm
Jumpstart: How far have you gotten in the packet
(how many witness statements have you read)?
Today’s skill assessment: What side are you leaning towards right now? Grab
your packet and start reading when you’re done.
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Agenda For Your Planner 4/2/14
•Finish reading
•If time, start your timeline
•Pick our top 3 positions for the mock trial
2nd Period – 32 students
Steroid
Dog
1. Tyrone
1. Rosa
2. Phillip
2. Mariah
3. Alyssa
3. Tristan
4. Taylor
4. Gage Waddell
5. Madison
6. Tucker
7. Joceline
5. Rachel
6. Maverick
7. Carly
8. Rhianna
8. Brent
9. Logan
9. Jaron
10. Brady
10.Gage Whitehead
11. Gillian
11.Angelica
12. Blake W.
12.Matt
13.Kaiden
14.Emily
15.Michael
13. Cole
14. Tiana
15. Riley
16. Justin
17. Maverick – until 6 is found
3rd Period – 28 students
Steroid
1. EJ
2. Alec
3. Riley
4. Josilyn
5. Carlyn
6. JD
1. Jake Q.
Dog
2. Alex
3. Makai
4. Ricky
5. Jesse
6. Austin Montgomery
7. Emilie
7. Kaden
8. Josh
8. Evan
9. Baylee
9. Duncan
10. Carson
10. Austin McKay
11. Andy
11. Mattea
12. Jordan S.
12. Teagan
13. Jasper (Cecil)
13. Seth
14. Kyle
14. Colin
16 – Josiah
15 – Francisco
Non-participants – Josiah & Franky
5th Period – 25 students
Steroid
Dog
1. Michael
1. Johnstone
2. Drew
2. Anna
3. Morgan
4. Kyle
5. Chris
6. Mason
7. Chandler
3. Thomas
4. Autumn
5. Tessa – Did not return packet
6. Brydan – Did not return packet
7. Brenna
8. Coleton
8. Tanner
9. Samantha
9. Sierra
10.Aung
10.Jordon
11.Nic S.
11.Tyson
12.William F
12.Adri
Not participating – Devin M.
6th Period – 21 students
Steroid
1. Nate
2. Brianna
3. Jake
4. Taurus
5. Katie
6. James
7. Wyatt
8. Clay
9. Logan
10.Jessica
Dog
1. Stephanie
2. Karely
3. Bailey
4. Tyler
5. John
6. Marissa
7. Bridger
8. Cassidy
9. Kianna
17. Cassidy
18. John A –
Non-participants: Fernanda, Karla
(10), Jessica
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the sequence of
events in the trial according to the witness
statements.
After School Schedule:
Thur-Fri until 3:15pm
Jumpstart: What are the strengths of the
prosecution? What are the strengths of the
Today’s skill assessment: defense?
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Agenda For Your Planner 4/3/14
•Get our positions
•Begin issue spotting worksheet for our
witness
Issue Spotting
Direct & Witness
1. Witness Name
2. Credibility: What experiences
and training does this witness
have the proves they are
reliable and accurate?
3. What motivations does the
witness have to tell the truth?
4. List the top 6-8 pieces of
information that this witness
provides for the direct. Then
rank them by putting a number
from 1-8 in the right margin
5. What exhibits or evidence in the
back of the packet can be used
with this witness?
6. What problem can you foresee
with this witness and write how
you can spin this to look better
Cross-Examiner
1. Witness Name you are
crossing
2. What reasons can you think of
that the jury shouldn’t believe
this witness? (bias, reputation
etc…)
3. What exhibits or evidence in
the back of the packet can be
used with this witness?
4. List the four biggest problems
you can see with this person’s
testimony.
1. Problem 1
2. Problem 2
3. Problem 3
4. Problem 4
Group Discussion
1. What is your team’s goal?
2. If prosecution, what are you suing them for?
Negligence? Intentional Tort? Etc…
3. If defense, what defense could you claim?
Contributory, Comparative, self-defense etc…
4. Then go around individually and share who you
are and how you’re going to help the team win.
If cross-examiner, how are you going to make
their witness look weak/wrong? If witness, what
evidence do you have to help your team.
5. Strategize at the end as a whole group
Mock Trial Roles – Steroid – 2nd 15
Witnesses
Kyle Wilkins – Prosecution – Father of Chris Wilkins
Phillip
Pat Connor – Prosecution – Track Coach
Tucker
Dr. Devon Garnet – Prosecution – Expert Educational Safefy
Madison
Dr. Terry Taylor – Defense – Principal at Clinton High School
Alyssa
James Wallace – Defense – former student at Clinton HS
Michael
Marion Summers – Defense – Police Captain
Taylor
Prosecuting Attorneys
Cross for Dr. Terry Taylor
Kaiden
Cross for James Wallace
Matt
Cross for Marion Summers
Tyrone
Opening, closing and help with direct of Kyle Wilkins
Gage Whitehead
Defense Attorneys
Cross of Kyle Wilkins
Jaron
Cross of Pat Connor
Emily
Cross of Dr. Devon Garnet
Joceline
Direct of Dr. Terry Taylor
Angelica
Opening, Closing and help with direct of James Wallace
Brent
Mock Trial Roles – Dog – 2nd 16
Witnesses
Erica Decker – Prosecution – Owner of pitbull
Terry Gibson – Prosecution - Arrested by officer
Dr. Lee Chen Ph.D. – Prosecution - Security Consultant
Paul Parnes – Defense – Police Officer
Rhianna
Gage Waddell
Maverick
Tristan
Juan Morales – Defense – Speed-E-Mart Owner
Riley
Dr. Andre Larsen – Defense - D.V.M. Veterinarian
Logan
Prosecuting Attorneys
Cross Paul Parnes & closing
Rosa
Cross Juan Morales
Cole
Cross Dr. Andre Larsen
Brady
Opening and help with Direct of Erica Decker
Rachel
Defense Attorneys
Cross of Erica
Mariah
Cross of Terry
Blake W.
Cross of Dr. Lee Chen
Gillian
Opening & Direct of Paul
Carly
Closing & Direct of Juan
Justin
Mock Trial Roles – Steroid – 3rd 14
Witnesses
Kyle Wilkins – Prosecution – Father of Chris Wilkins
Pat Connor – Prosecution – Track Coach
Josh Davenport
EJ
Dr. Devon Garnet – Prosecution – Expert Educational Safefy
Baylee
Dr. Terry Taylor – Defense – Principal at Clinton High School
JD
Jamie Wallace – Defense – former student at Clinton HS
Marion Summers – Defense – Police Captain
Jasper
Kyle
Prosecuting Attorneys
Cross of Dr. Terry Taylor
Emilie
Cross of Jamie Wallace
Jordan
Cross of Marion Summers
Riley
Opening, Closing and direct of Kyle Wilkins
Josilyn
Defense Attorneys
Cross of Kyle Wilkins
Alec
Cross of Pat Connor
Andie
Cross of Devon Garnet
Carson
Opening, Closing and help with direct of Dr. Terry Taylor
Carlyn
Mock Trial Roles – Dog – 3rd 14
Witnesses
Eric Decker – Prosecution – Owner of pitbull
Terry Gibson – Prosecution - Arrested by officer
Dr. Lee Chen Ph.D. – Prosecution - Security Consultant
Paul Parnes – Defense – Police Officer
Jake
Austin Montgomery
Austin McKay
Kaden H.
Juan Morales – Defense – Speed-E-Mart Owner
Dr. Andrea Larsen – Defense - D.V.M. Veterinarian
Jesse
Teagan
Prosecuting Attorneys
Cross of Paul Parnes
Duncan B.
Cross of Juan Morales
Seth
Cross of Dr. Andrea Larsen
Alex
Opening, Closing & help with direct of Eric Decker
Makai
Defense Attorneys
Cross of Eric Decker
Mattea
Cross of Terry Gibson
Evan
Cross of Dr. Lee Chen
Ricky
Opening, Closing and help with direct of Paul Parnes
Colin
Mock Trial Roles – Steroid – 5th 12
Witnesses
Kyle Wilkins – Prosecution – Father of Chris Wilkins
Pat Connor – Prosecution – Track Coach
Drew
Mason
Dr. Devon Garnet – Prosecution – Expert Educational Safefy
Adri
Dr. Terry Taylor – Defense – Principal at Clinton High School
Tyson
Jamie Wallace – Defense – former student at Clinton HS
Morgan
Marion Summers – Defense – Police Captain
Chandler
Prosecuting Attorneys
Michael
Cross of Dr. Terry Taylor
Chris
Cross of Jamie Wallace & opening
Tanner
Cross of Marion Summers & closing
Defense Attorneys
Cross of Kyle Wilkins
Jordon
Cross of Pat Connor & opening
Kyle H.
Cross of Dr. Devon Garnet & closing
Sierra
Mock Trial Roles – Dog – 5th 12
Witnesses
Eric Decker – Prosecution – Owner of pitbull
William
Terry Gibson – Prosecution - Arrested by officer
Coleton
Dr. Lee Chen Ph.D. – Prosecution - Security Consultant
Anna
Paul Parnes – Defense – Police Officer
Thomas
Juan Morales – Defense – Speed-E-Mart Owner
Brydan
Dr. Andrea Larsen – Defense - D.V.M. Veterinarian
Autumn
Prosecuting Attorneys
Cross of Paul Parnes
Nick
Cross of Juan Morales & opening
Brenna
Cross of Dr. Andrea Larsen & closing
Aung
Defense Attorneys
Cross of Eric Decker & opening
Samantha
Cross of Terry Gibson
Johnstone
Cross of Dr. Lee Chen & closing
Tessa
Mock Trial Roles – Steroid – 6th 9
Witnesses
Kyle Wilkins & Opening – Prosecution
Clay
Pat Connor & Closing – Prosecution
Katie
Dr. Devon Garnet & Cross of Marion Summers – Prosecution
Brianna
Dr. Terry Taylor & Opening – Defense
Logan
Jamie Wallace & Closing – Defense
Nate
Marion Summers & Cross of Dr. Devon Garnet – Defense
Taurus
Prosecuting Attorneys
Cross of Dr. Terry Taylor
James
Cross of Jamie Wallace
James
Defense Attorneys
Cross of Kyle Wilkins
Jake
Cross of Pat Connor
Wyatt
Mock Trial Roles – Dog – 6th 12
Witnesses
Eric Decker & Opening – Prosecution
Bridger
Terry Gibson & Cross of Juanita Morales – Prosecution
Marissa
Dr. Lee Chen Ph.D. & Closing – Prosecution
Bailey
Paul Parnes & Opening – Defense
Tyler
Juanita Morales & Cross of Dr. Lee Chen – Defense
Dr. Andrea Larsen & Closing – Defense
Karely
Stephanie
Prosecuting Attorneys
Cross of Paul Parnes
Bridger
Cross of Dr. Andrea Larsen
Cassidy
Defense Attorneys
Cross of Eric Decker
John
Cross of Terry Gibson
Kianna
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thur-Fri until 3:15pm
Today’s skill assessment:
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Students will understand the sequence of
events in the trial according to the witness
statements.
Jumpstart: What are your plans for Spring break?
How are you going to make it awesome?
Agenda For Your Planner 4/4/14
•Work on timelines as a team (20 minutes)
•Review direct vs. cross examination
questions
•Planning out your topics for lawyers and
witnesses
Cross vs. Direct
• Direct – Cannot ask leading
questions, let the witness tell the
story…this is friendly
• Cross – Discredit the witness…make
them hard to believe, find holes in
their story!
Before you write your questions…
• You want to plan out the main arguments/points
you want to hit in your direct/cross examination
• What are the main flaws or strengths? You
should have 3-6 ideas
• Now create questions for those larger topics
Example of bigger topics/arguments
• Background information (Name, Age, Degrees,
etc…) – 4-6 questions
• Relationship to the defendant or plaintiff or both
4-10 questions depending on person
• Information on the charges that they know
about…
• Etc…
Directions for Timeline (15-20 min)
• As a team go through your witness statement
(cross and direct) and pull out dates, events
times etc…to put onto the timeline
• Each person on your team builds a timeline but
everyone can help contribute to events
• Goal: To figure out who said what and at what
time each person said events occurred…find
holes in the story!!!
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the sequence of
events in the trial according to the witness
statements.
After School Schedule:
Jumpstart: How was your Spring break? What were
Today’s skill assessment: two highlights from break?
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Agenda For Your Planner 4/14/14
•Quickly review the case as a team
•Finish timeline and issue spotting
Individual write then Group Discussion
1. What is your team’s goal?
2. What type of case is this? Negligence?
Intentional Tort? Etc…
3. What could the defense be? Explain.
Contributory, Comparative, self-defense etc…
4. How is your team going to win this case?
5. How is your individual character going to help
your team win this case?
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
Students will understand the sequence of
events in the trial according to the witness
statements.
After School Schedule:
Jumpstart: What is your goal for today? What do
Today’s skill assessment: you want to get finished by the end of class?
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Agenda For Your Planner 4/15/14
•Review classroom rules while working
•Work on questions
Classroom rules
• Bathroom
• Cell Phone
▫ Should not be out unless quietly working
▫ If teacher collects phone your parent picks up at
end of the day
• Cleaning up & Lining up at door
• Respect (5th period)
Schedule of Trials
2nd Period
3rd Period
5th Period
6th Period
Monday – Dog
Tuesday – Steroids
Monday – Steroids
Tuesday - Dog
Friday – Dog
Monday – Steroid
Friday – Steroids
Monday – Dog
Opening & Closing
Opening
Closing
1.
2.
1. Thank the jury for their time
2. Restate what the case was all
about, who, what, where,
when etc….
3. State the strengths of your
team
4. State what the other team’s
argument was and state why
they are wrong
5. Remind them the holes or
flaws in witnesses and their
statements
6. Come up with a creative final
line
3.
4.
5.
6.
Welcome jury
State what the case is all about,
who is involved, what
happened, when, where etc…
Introduce your witnesses and
what their role is
What are the charges – explain
Try to explain what the other
team is going to present to them
and why they shouldn’t believe
the other team
Explain what they will hear and
why they should support your
team
• You will use a lot of phrases like “what
you will see today…” “What the
evidence will show you…” “Today you
will hear…”
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Mon-Fri until 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Timeline due Friday
What does it take to go into law enforcement?
What does their job entail?
Jumpstart: What is a weakness of the witness you
are associated with? Why?
Agenda For Your Planner 10/29/13
•Issue Spotting Lesson
•Work on case
Welcome
Trooper Barton
&
Trooper Allen
Student Jumpstart 10/29: What are 3 questions you have for
the troopers or their K-9’s today?
Today’s Goal: What does it take to be a trooper? What does
their job entail? What does a drug dog and bomb dog do?
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Mon-Fri until 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Timeline due Friday
What does it take to go into law enforcement?
What does their job entail?
Jumpstart: What questions do you have for the
police officers?
Agenda For Your Planner 10/29/13
•Directions: Issue spotting
•Issue Spotting
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Mon-Fri until 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Next Due Date for your
planner:
Timeline due Friday
How am I doing on assessments? What are the
strengths and weaknesses of my witness?
Jumpstart: What is your witnesses greatest
strength?
Agenda For Your Planner 10/30/13
•Pass back work and graph last assessment
•Work on trial
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Complete the timeline &
issue spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: What is the other team going to use
against your team?
Agenda For Your Planner 10/31/13
•Work on my position
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: What is your goal for today? What do
you want to accomplish by the end of the day?
Agenda For Your Planner 11/1/13
•Turn in timeline
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
•6th Period – Amusement (Thurs) Steroid (Fri)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Using evidence
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Mock trial Friday!
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: What is your goal for today? What will
you finish?
Agenda For Your Planner 11/4/13
•Work on your role
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
•6th Period – Amusement (Thurs) Steroid (Fri)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: What is your goal today?
Today’s skill assessment: Agenda For Your Planner 11/5/13
•GO TO LRC
•2nd Period – Amusement (Fri) Steroids (Tues)
rd Period – Steroid (Fri) Amusement (Tues)
•3
Tonight’s homework for
•5th Period – Amusement (Fri) Steroid (Tues)
your planner:
th Period – Amusement (Thurs) Steroid (Fri)
•6
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: Who will you rehearse with? What type
of emotion will you put into your mock trial?
Agenda For Your Planner 11/6/13
•Rehearse with each other
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
•6th Period – Amusement (Thurs) Steroid (Fri)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: What is the key piece of evidence that
will win the case for your team? Why?
Agenda For Your Planner 11/7/13
•Timed Write
•Rehearsal
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
•6th Period – Amusement (Thurs) Steroid (Fri)
Timed-Write (30 min)
What are the three most convincing arguments
your team will make during the trial and will
ultimately lead to your team’s victory? Why?
Rehearsal Directions
1. First your team will create a circle of desks
2. Next, decide the order of your witnesses and have one
person write it down and bring it to Mrs. Norlin
3. Rehearse the trial – the order in which you will go is on
the next slide
4. After each person goes, stop and give them feedback (i.e.
slow down when you read, question #4 is out of order,
you should get emotional at this part etc….)
5. If necessary, have the person try it again using the
feedback they were given, this is our opportunity to get
better
Remember, the entire team is what will win the case, not
just one person who did their job well…so help each other
out!
Rehearsal Order
After each one goes, give feedback and if necessary practice again
1.
2.
3.
4.
Prosecution
Opening statement
Direct examiners and
witnesses (go in order)
Cross examiners
practice reading q’s (go
in order)
Closing statement
1.
2.
3.
4.
Defense
Opening statement
Cross examiners
practice reading q’s (go
in order)
Direct examiners and
witnesses (go in order)
Closing statement
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: No jumpstart today. Head to your places
and get your supplies ready, we will begin asap
Agenda For Your Planner 11/8/13
•Mock Trial
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
•6th Period – Amusement (Thurs) Steroid (Fri)
To be an informed citizen of the United States Government
and History who consistently contributes to our diverse
society.
Objective
After School Schedule:
Thurs & Fri – 3:00
Today’s skill assessment:
Tonight’s homework for
your planner:
Issue Spotting
Next Due Date for your
planner:
Timeline due Friday
How can my team win this case? What
evidence will we need? How will I contribute?
Jumpstart: No jumpstart today. Head to your places
and get your supplies ready, we will begin asap
Agenda For Your Planner 11/12/13
•Mock Trial
•2nd Period – Amusement (Fri) Steroids (Tues)
•3rd Period – Steroid (Fri) Amusement (Tues)
•5th Period – Amusement (Fri) Steroid (Tues)
Order of witnesses 2nd Period
Amusement Park
Prosecution
1. Garrett Rutledge
2. Drew Cooper
3. Dr. Perry Chandler
Defense
1. Carson Hunnicutt
2. Charlie Anderson
3. Frankie Taylor
Steroids
Prosecution
1. Pat Conner
2. Devon Garnet
3. Mrs. Kylie Wilkins
Defense
1. Jamie Wallace
2. Marion Summers
3. Dr. Terry Taylor
Order of witnesses 3rd Period
Steroids
Prosecution
1. Kyle Wilkins
2. Pat Conner
3. Dr. Devon Garnett
Defense
1. Jamie Wallace
2. Capt. Marion Summers
3. Dr. Terry Taylor
Amusement Park
Prosecution
1. Drew Cooper
2. Garrett Rutledge
3. Dr. Perry Chandler
Defense
1. Carson Hunnicutt
2. Frankie Taylor
3. Charlie Anderson
Order of witnesses 5th Period
Amusement Park
Prosecution
1. Dr. Perry Chandler
2. Drew Cooper
3. Garret Rutledge
Defense
1. Charlie Anderson
2. Carson Hunnicutt
3. Frankie Taylor
Steroids
Prosecution
1. Pat Conner
2. Devon Garnett
3. Kyle Wilkins
Defense
1. Capt. Marion Summers
2. Dr. Terry Taylor
3. Jamie Wallace
Order of witnesses 6th Period
Amusement Park
Prosecution
1. Dr. Perry Chandler
2. Drew Cooper
3. Garrett Rutledge
Defense
1. Frankie Taylor
2. Charlie Anderson
3. Carson Hunnicutt
Steroids
Prosecution
1. Devon Garnett
2. Pat Conner
3. Kyle Wilkins
Defense
1. Jamie Wallce
2. Capt. Marion Summers
3. Dr. Terry Taylor
United Desks of Norlin
•
President
1.
2.
3.
4.
5.
6.
7.
•
•
•
Vice-President
Secretary of State
Secretary of Defense
Attorney General
Head of NBI
Head of secret service
Senators
Representatives (14 or so)
Senators (7 or so)
Supreme Court Justices
–
Mrs. Norlin, Mrs. Westering and Mrs. Cramer