Civil Law: He Said, She Said RUBRIC by V06YRnQh

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									                       “He Said, She Said”




                                     A Day in Parkinson’s People’s Court


Congratulations!
      Your day in court has finally arrived! This is your opportunity to show the world your
charm, your persuasiveness, and your ability to use logic and excellent communication skills to
prove that YOUR side of a story is what really happened.

       You will be assigned a specific scenario that relates to an aspect of Civil Law. You will be
given both sides of the story and you will argue one side while your opponent will argue the
opposite. You will be given some time to work on this assignment in class in order to perfect
your argument so that it is as convincing as possible. You will have 2-4 minutes to present your
case to the judge during which you will want to bring up as many facts and legal points as
possible to prove your case. If you are given the role of the Plaintiff, you must identify the
amount of damages you are seeking and under what categories of law they fall under. If you are
given the role of the Respondent / Defendant, you should explain the type of defence you will
use to excuse your actions.

YOUR STATEMENT (Main Arguments):
When you are working on your argument consider the following:
1. What are the most significant details of the case and how do they relate to law?
2. What legal terms do you know that you can apply to this case/scenario to make it more
convincing?
3. Who are you supposed to be? How can you use your character to make your argument more
convincing?
4. How should you sound or act to persuade the audience that you are in the right and your
opponent is wrong?
(This should be the focus of your task. However, after both sides have presented the case you
will be given another minute to rebut and disprove any comments made by your opponent.)

YOUR RESPONSES (Rebuttal):
       Small claims civil courts provide interesting opportunities. You know both sides of the
story so you can attempt to predict what your opponent is going to say/argue. As a result you
will have an opportunity, after your main arguments, to rebut any comments made by your
opposition. This period of time will last for only 2-3 minutes. At this point you may ask
questions of your opponent, often through the judge, in order to make a point. This is to some
extent an “open forum” between the two parties with the Judge acting as Arbiter.
    CONCLUSION:
           After the judge has heard all of the Statements and Responses both the plaintiff and
    the respondent will be asked if they have anything further to add. There is no set time for this
    conclusion period and will be at the discretion of the Judge. Don’t waste this opportunity but
    don’t drag it out either.

           After the conclusion, the Judge will make his FINAL decision. NOTE: The verdicts of
    these cases are NOT predetermined. The outcome will be decided by how well you argue your
    case and how persuasive you are! You have to make the judge and audience believe your side of
    the story.


    RULES:
        1. You MAY NOT deviate from the scenario you have been given.
        2. You MAY bring proof/evidence that supports your story.
        3. You MAY NOT speak while your opponent is speaking; he/she will have time to speak
           and so will you. No interruptions!
        4. The plaintiff will speak first, then the respondent/defendant.




                                 Civil Law: He Said, She Said RUBRIC
    Students Name: __________________                         Position: ________________________

EXPECTATIONS        LEVEL 4                  LEVEL 3                    LEVEL 2                     LEVEL 1                      LEVEL R
APPLICATION         -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough                 considerable               understanding of the        understanding of the         significant
                    understanding of the     understanding of the       character / role            character / role             understanding of the
                    character / role         character / role                                                                    character / role

                    -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough application     considerable application   application of the legal    application of the legal     proper ability to apply
                    of legal concepts        of legal concepts          concepts pertaining to      concepts pertaining to the   legal concepts
                    pertaining to the case   pertaining to the case     the case                    case                         pertaining to the case

                    -Demonstrates            -considerable ability to   - Demonstrates some         -Demonstrates limited        -Fails to demonstrate
     /40            thorough ability to
                    refute claims made
                                             refute claims made by
                                             opponent
                                                                        ability to refute claims
                                                                        made by opponent
                                                                                                    ability to refute claims
                                                                                                    made by opponent
                                                                                                                                 proper ability to refute
                                                                                                                                 claims made by
                    by opponent                                                                                                  opponent
COMMUNICATION       -great volume            -good volume               -satisfactory volume        -limited volume              -poor volume
Communicates
                    -great tone              -good tone                 -satisfactory tone          -limited tone                -monotone voice
information with:
                    -great clarity           -good clarity              -satisfactory clarity       -limited clarity             -unclear

                    -great vocabulary        -good vocabulary           -satisfactory language      -limited language/vocab      -inappropriate language

                    -great eye contact       -good eye contact          -satisfactory eye contact   -limited eye contact         -constant reading

                    -great body language     -good body language        -appropriate body lang.     -awkward body language       -poor body language

     /40            -quite professional      -professional              -somewhat professional      -limited professionalism     -no professionalism
                             Civil Law: He Said, She Said RUBRIC
Students Name: __________________                         Position: ________________________

EXPECTATIONS        LEVEL 4                  LEVEL 3                    LEVEL 2                     LEVEL 1                      LEVEL R
APPLICATION         -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough                 considerable               understanding of the        understanding of the         significant
                    understanding of the     understanding of the       character / role            character / role             understanding of the
                    character / role         character / role                                                                    character / role

                    -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough application     considerable application   application of the legal    application of the legal     proper ability to apply
                    of legal concepts        of legal concepts          concepts pertaining to      concepts pertaining to the   legal concepts
                    pertaining to the case   pertaining to the case     the case                    case                         pertaining to the case

                    -Demonstrates            -considerable ability to   - Demonstrates some         -Demonstrates limited        -Fails to demonstrate
     /40            thorough ability to
                    refute claims made
                                             refute claims made by
                                             opponent
                                                                        ability to refute claims
                                                                        made by opponent
                                                                                                    ability to refute claims
                                                                                                    made by opponent
                                                                                                                                 proper ability to refute
                                                                                                                                 claims made by
                    by opponent                                                                                                  opponent
COMMUNICATION       -great volume            -good volume               -satisfactory volume        -limited volume              -poor volume
Communicates
                    -great tone              -good tone                 -satisfactory tone          -limited tone                -monotone voice
information with:
                    -great clarity           -good clarity              -satisfactory clarity       -limited clarity             -unclear

                    -great vocabulary        -good vocabulary           -satisfactory language      -limited language/vocab      -inappropriate language

                    -great eye contact       -good eye contact          -satisfactory eye contact   -limited eye contact         -constant reading

                    -great body language     -good body language        -appropriate body lang.     -awkward body language       -poor body language

     /40            -quite professional      -professional              -somewhat professional      -limited professionalism     -no professionalism




                             Civil Law: He Said, She Said RUBRIC
Students Name: __________________                         Position: ________________________

EXPECTATIONS        LEVEL 4                  LEVEL 3                    LEVEL 2                     LEVEL 1                      LEVEL R
APPLICATION         -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough                 considerable               understanding of the        understanding of the         significant
                    understanding of the     understanding of the       character / role            character / role             understanding of the
                    character / role         character / role                                                                    character / role

                    -Demonstrates            -Demonstrates              -Demonstrates some          -Demonstrates limited        -Fails to demonstrate
                    thorough application     considerable application   application of the legal    application of the legal     proper ability to apply
                    of legal concepts        of legal concepts          concepts pertaining to      concepts pertaining to the   legal concepts
                    pertaining to the case   pertaining to the case     the case                    case                         pertaining to the case

                    -Demonstrates            -considerable ability to   - Demonstrates some         -Demonstrates limited        -Fails to demonstrate
     /40            thorough ability to
                    refute claims made
                                             refute claims made by
                                             opponent
                                                                        ability to refute claims
                                                                        made by opponent
                                                                                                    ability to refute claims
                                                                                                    made by opponent
                                                                                                                                 proper ability to refute
                                                                                                                                 claims made by
                    by opponent                                                                                                  opponent
COMMUNICATION       -great volume            -good volume               -satisfactory volume        -limited volume              -poor volume
Communicates
                    -great tone              -good tone                 -satisfactory tone          -limited tone                -monotone voice
information with:
                    -great clarity           -good clarity              -satisfactory clarity       -limited clarity             -unclear

                    -great vocabulary        -good vocabulary           -satisfactory language      -limited language/vocab      -inappropriate language

                    -great eye contact       -good eye contact          -satisfactory eye contact   -limited eye contact         -constant reading

                    -great body language     -good body language        -appropriate body lang.     -awkward body language       -poor body language

     /40            -quite professional      -professional              -somewhat professional      -limited professionalism     -no professionalism
Cases:

         1. Timmy Smith vs. Tammy Summer: Driving Negligence              Riley and Shawn
         2. Mr. Armstrong vs. Dr. McDreamy: Malpractice                   Neguina and Quortez
         3. Mohammed vs. Mohammed: False Imprisonment                     Brett and Quintin
         4. Calvin vs. Chantal: Rent                                      Rohin and Alexa
         5. Mrs. Vandertramp vs. Billy’s Parents: Trespassing             Tess and Sristy
         6. Singh vs. Hobo: Squatters rights                              Noor and ????
         7. Plaintiff vs. Defendant: Divorce Custody of a dog                     Zaighem and Eric
         8. Urkal vs. Python: Assault and Battery                         Mitchell and Andrew
         9. Simpson vs. Saw: Trespass to land
         10. Candy vs. Terresa: Slander (after he cheats)
         11. Lindsay vs. Rachael: Burn Book issue                         Gurkiran and Sladjana
         12. Blush vs. Mann: Product Malfunction                          Megan and Jordan
         13. Hardy vs. Carter: Negligence in a little league game         Hitesh and Hammad
         14. Gorgette vs. Farmer: Trespass to property (Damage by goat)   Farrah andLiza
         15. Rose vs. Lee vs. Lou 3rd party negligence                    Zainab and Nyla
                                 He Said, She Said

Scenario #1 Negligence

Plaintiff: Timmy Smith

      While driving home from work one evening Timmy Smith was stopped at a
red light. While waiting for the advanced green for the left hand turn he noticed the
impatient driver, Ms. Tammy Summer, waving her hands emphatically and yelling,
“let’s go already”. As Mr. Smith began his left hand turn he entered into the far left
hand lane and then proceeded to signal and move into the right hand lane; only to
discover that Ms. Summer, who was in too much of a rush to make a proper lane
change, was already in the right hand lane and speeding quickly. The two vehicles
collided causing damage to the Mr. Smith’s rear passenger side bumper.

Scenario #1 Negligence

Defendant: Tammy Summer

       Ms. Summer contends that Mr. Smith was driving unreasonably slow and in
fact failed to move when the advanced signal had changed to green. Thus, in order
to avoid a back log of traffic, she moved into the right lane immediately after
turning left in order to allow more cars through on the advanced light. At which
point her car was struck by Mr. Smith’s who had apparently not checked his blind
spot to see if there was any traffic in that lane The two vehicles collided causing
damage to the front drivers side bumper of Ms. Summers car. Ms. Summer has
filed a counterclaim against Mr. Smith arguing that the damage to both cars is his
fault, not hers.
Scenario #2 Malpractice: Cut off the wrong leg.
Plaintiff: Mr. Armstrong

      Mr. Armstrong suffered a terrible injury while riding his unicycle during a
stunt spectacular show. Mr. Armstrong spent almost all of his time on his unicycle.
During the course of his accident he suffered injuries to both of his legs. Now
despite the fact that both legs were visibly injured only one leg was so damaged
that the doctors told Mr. Armstrong it would have to be amputated. Just as Mr.
Armstrong was being wheeled into the operating room he was screaming and
crying about his left leg. The Doctor then told him that “everything would be
alright” and as he said this he put Mr. Armstrong under the anesthetic. When Mr.
Armstrong woke up he saw that his leg was gone. However, confused and unsure
he spoke to the doctor and asked why his Right leg was gone and not his left. The
Doctor responded that on his medical chart it was in fact his right leg that had been
written down for amputation not his left. Mr. Armstrong then pointed out that this
was a terrible mistake and that it was his left leg NOT HIS RIGHT LEG that
needed the surgery. Mr. Armstrong subsequently had to have his other leg removed
and is now in a wheel chair.

Scenario #2 Malpractice: Cut off the wrong leg.

Defendant: Doctor McDreamy

             Mr. Armstrong entered the hospital having suffered a terrible injury
while riding his unicycle during a stunt spectacular. During the course of his
accident he suffered injuries to both his legs. Despite the fact that both legs were
visibly injured only one leg was so damaged that it would have to be amputated.
Just as Mr. Armstrong was being wheeled into the operating room he was
screaming and crying about his left leg. He was then told that “everything would
be alright” and then Mr. Armstrong was put under the anesthetic. The Doctor then
followed Hospital protocol and read the chart that identified the right leg as the one
needing to be amputated. When Mr. Armstrong woke up he saw that his right, not
his left leg was gone. The Doctor responded that on his medical chart it was in fact
his right leg that had been written down for amputation not his left. Mr. Armstrong
then pointed out that this was a terrible mistake and that it was his left leg NOT
HIS RIGHT LEG that needed the surgery. Mr. Armstrong subsequently had to
have his other leg removed and is now in a wheel chair. Doctor McDreamy argues
that he followed procedure and did what was written down on the chart and that he
can not be expected to pay attention to the exact wording of a man screaming in
pain. It should also be noted that Mr. Armstrong is now the star attraction at his
stunt spectacular and this terrible confusion has done little to affect his way of life
Scenario #3 False Imprisonment – child grounded by parent:

Plaintiff: Mohammed

      Mohammed is an eighteen year old student who had been late coming home
from after school study sessions with other students on one or two occasions.
According to his Mohammed, he came home after his curfew by 10-15 minutes
once or twice because he had lost track of the time while studying for school. His
parents, being the owners of the house and property that Mohammed resides in,
imposed household rules that suspended privileges such as the use of the TV and
computer which he bought with his own money and, more importantly, “No leaving
the house after school for a period of a month, not even on weekends; restricting his
ability to work at his part time job and studying with his fellow students.
Mohammed is arguing that this punishment is cruel and unusual and that he is a
prisoner in his own home despite the fact that he is a legal adult. His parents argue
that as long as he lives under their roof, of his own accord, and continues to break
the household rules he will endure the consequences decided by his parents.
However, Mohammed believes that his parents are using this as a tactic to stop him
from being able to ever leave home as he cannot afford to without his job which he
can’t get to because of the punishment.

Scenario #3 False Imprisonment – child grounded by parent:

Defendant: The Parent

      Mohammed is an eighteen year old student who has a “habit” of coming home
late after school study sessions with other students. On a number of occasions,
according to his parents he came home after his curfew by 20-30 minutes with no
explanation. His parents, being the owners of the house and property that
Mohammed resides in, imposed household rules that state the consequences for
arriving late are: a suspension of privileges such as the use of the TV and computer
and, more importantly, “No leaving the house after school for a period of a month,
not even on weekends. They feel that this is not unreasonable and that Mohammed
is welcome to move out on his own if he does not like the rules.
Scenario #4 Rent

Plaintiff: Calvin

      Calvin was a young man madly in love with a young woman named Chantal.
Calvin lived in an apartment, in a prime location in down town Toronto, which he
had been leasing for a number of months. When he asked Chantal to move in with
him he made sure to put her name on the lease so that she might assist him with
paying the rent while he paid for other activities and expenses. After a couple of
years together the two began to notice things they didn’t like about each other and
eventually decided to end the relationship. However, neither person was willing to
move out of the apartment. Calvin claims that since he was the original tenant that
he has claim to the apartment.

Scenario #4 Rent

Defendant: Chantal

      Chantal and Calvin were a young couple madly in love. Chantal had agreed
to move in with Calvin in his new apartment, in a prime location in down town
Toronto, which he had been leasing for a number of months. When asked to move
in with Calvin Chantal insisted that he put her name on the lease so that she might
assist him with paying the rent. After a couple of years together the two began to
notice things they didn’t like about each other and eventually decided to end the
relationship. However, neither person was willing to move out of the apartment.
Chantal argues that during her stay in the apartment she was the sole provider of
rent and financial support and that this investment entitles her to the apartment
Scenario #5 Trespassing

Plaintiff: Mrs. Vandertramp

      One day Mrs. Vandertramp was visiting with her next door neighbor. She had
a nice cup of tea and an interesting discussion about the activities of little Billy, the
neighbors seven year old boy who was playing outside in his front yard with his
new Basket Ball hoop. Mrs. Vandertramp left the neighbors house and returned to
her own home. She then noticed that the next door neighbors boy, Billy, was
climbing onto the fence. Billy goofing around then jumped into the air and came
crashing down into Mrs. Vandertramp’s yard and crushed her 200 dollar prize
winning flowers. Mrs. Vandertramp began yelling at Billy to get out of her garden
which resulted in further damage as be bounced gleefully through her yard and
petting his dirty little kitten. She claims that Billy had no business diving into her
garden and that IF he needed to go on to her property then he could have spoken to
her and retrieved the Kitten by some other means. According to Mrs. Vandertramp
it was unreasonable for Billy to dive into the flowers as it was trespassing and
everyone knows that cats always land on their feet. She is claiming the Billy was
trespassing and that her neighbor should have been keeping a closer I on their son
as his escapades have resulted in the destruction of private property.

Scenario #5 Trespassing

Defendant: Billy's Parents

      One day little Billy, age seven, was playing outside in his front yard with his
new Basket Ball hoop. Minding his own business he saw his neighbor, Mrs.
Vandertramp leaving his house after having a nice discussion with his mother and
returning to her own home. He then noticed that the door had been left open and
that his new baby Kitten, Mr. Marshmallows, had escaped through the open door
and climbed onto the fence. In an attempt to save his cute little tiny kitten from
falling Billy jumped on the fence to save his cat. When all of a sudden Mr.
Marshmallows began to fall and with out any regard for himself little Billy dived
into the air and caught the little Kitten. However upon landing Billy realized that
he had fallen into Mrs. Vandertramp’s yard and crushed her 200 dollar prize
winning flowers. Mrs. Vandertramp began yelling at Billy to get out of her garden
which resulted in further damage. She claims that Billy had no business diving into
her garden that that he could have retrieved the Kitten by some other means.
According to Mrs. Vandertramp it was unreasonable for Billy to dive into the
flowers as everyone know that cats always land on their feet. She is claiming the
Billy was trespassing which resulted in the destruction of private property.
Scenario #6 Property – Squatter’s Rights

Plaintiff: Mr. Singh

      Mr. Singh is the owner of a large piece of property in Caledon. He owns so
much property that he hadn’t even noticed when Mr. Hobo had taken up residence
in an old abandoned house at the edge of his property. However, seeing as Mr.
Hobo had cleaned up the place and was very polite, Mr. Singh had decided to leave
Mr. Hobo where he was with the implied understanding that this could not be a
permanent arrangement. Over the years Mr. Hobo did a number of odds and ends
for Mr. Singh and yet the time had come for Mr. Singh to ask Mr. Hobo to move on
as he was in a position to sell the land for a large sum of money. Mr. Singh refuses
to acknowledge Mr. Hobo as a tenant and wants him removed from the land
immediately.

Scenario #6 Property – Squatter’s Rights

Defendant: Mr. Hobo

   Mr. Hobo is an out of work painter who has enjoyed the kindness of Mr. Singh's
generosity for some time now. In fact, in return for work and help around his
property Mr. Singh has been good enough to take care of Mr. Hobo and now Mr.
Hobo has become dependant upon Mr. Singh. He argues that having helped around
the property he has provided a type of compensation or rent and that as such he has
rights to the land as a potential owner or at the very least a tenant and deserves
some compensation for his lose of home. Assault and Battery – American
gladiators (fan favorite underdog suffers personal injury and loss of future income)
Scenario #7: Divorce – custody of dog

Plaintiff:

      Thomas and Katrina have been married for 10 years. However, they have
decided to get a divorce. Although it is very sad that their marriage is over they are
both still very pleasant with one another as they have separated on good terms.
Only one problem remains…Murphy. Murphy is Thomas and Katrina's pet dog. A
dog that the two of them bought together, raised together, trained together, and love
together. However, now that they are separated the issue is who should get
Murphy. Thomas is arguing that Murphy would be better off in his care as he has
moved into a lovely new home in the country with wide open spaces for the dog to
run. Thomas also happens to be a veterinarian, he works with animals, and
understands what Murphy is going to need as he is getting older and requires
greater care. Thomas also knows that Murphy can't sleep without him being home.
Thomas saw him first when Murphy was a puppy. Thomas loves him more.

Scenario #7: Divorce – custody of dog

Defendant:

      Thomas and Katrina have been married for 10 years. However, they have
decided to get a divorce. Although it is very sad that their marriage is over they are
both still very pleasant with one another as they have separated on good terms.
Only one problem remains…Murphy. Murphy is Thomas and Katrina's pet dog. A
dog that the two of them bought together, raised together, trained together, and love
together. However, now that they are separated the issue is who should get
Murphy. Katrina believes that because Murphy has always lived in the city he will
be unaccustomed to being in the county and potentially be at risk of running away
if he were to live with thomas. While she on the other hand will continue to live in
the same house that the dog has grown up in and known his whole life. Katrina
appreciates that her ex-husband is a Veterinarian but as he lives out in the country
she feels that her close proximity to the animal hospital gives her an advantage in
the event that something should happen to Murphy. He should have as many Vets
as possible not just Thomas. Katrina knows that Murphy won't eat his food without
her. Katrina was the one who actually paid for Murphy when they bought him.
Katrina loves the dog more
Scenario #8: Assault & Battery
Plaintiff: Urkel
       You have been a fan of the television show, American Gladiators, since you
were a child. Ever since you heard the show was making a comeback, you have
been training for hours a day, trying to ‘bulk up’ so you could make it on the show
– and you did! You qualified to be on the show, one of many contenders that
would try to make the quarter-finals, then the semi-finals, and finally take the
$100,000 grand prize! On the day of your show debut, you were feeling good and
ready to take on even the toughest, meanest gladiator. Unfortunately, you had not
counted on meeting Python (the Defendant), a 6’8”, 280 lbs Gladiator intent on
ruining your life. You had competed in 3 events, and were trailing your competitor
by 8 points. However, the crowd was definitely cheering for you as the underdog
and you were confident you could catch up and even take the lead. The next event
was the Pyramid, a giant 40-foot foam pyramid which the contestants have to scale
the top of to win points. Python was the gladiator assigned to you, and he was
completely ruthless. During your first trip up the pyramid, he picked you up (all
162 lbs) and hurled you down to the bottom. You tore the ligaments in your knee
and were unable to continue the competition. To make the pain and humiliation
even worse, Python stood on top of the Pyramid and chanted “Urkel, Urkel, Urkel”
continuously, while pointing and laughing. You believe had it not been for Python
taking the game too far, you could have made it to the finals and won the grand
prize.

Scenario #8: Assault & Battery
Defendant: Python
      You are a 6’8”, 280 lbs American Gladiator. You were very excited when the
show came back on the air and you were cast as the meanest, toughest Gladiator of
all. The producers of the show definitely encourage the gladiators to ‘ham it up’
and play to the audience as much as possible. You are given all sorts of corny lines
to say, and are also supposed to make up your own. On the day in question, the
show was 3 events in and there was an 8-point lead between the two male
competitors. Urkel, a 165 lbs wuss, was trailing behind and was unlikely to catch
up. The next event was the Pyramid, in which the contestants have to try and scale
a giant 40-foot foam pyramid to win points. The gladiator’s job, of course, is to
make sure they don’t get to the top. Urkel was assigned to you and on his first
attempt up, you sent him crashing down to the bottom. You relished your victory,
until you realized that Urkel wasn’t getting up and was injured. He tore some
ligaments in his knee, but you believe the contestants take on a certain amount of
risk in this game, and should expect to get a little bruised and battered. You also
believe that there is no way that Urkel would have qualified for the Quarter-Finals,
much less go all the way and take home the $100,000 grand prize.
Scenario #9: Trespass to Land – A Tree Dispute

Plaintiff: Lisa Simpson

       For 12 years now you have lived at 125 Cherry Hill Lane, a street well known
around town for its beautiful Cherry Blossom Trees. When you bought the house,
you also took ownership of a 22 year old tree. You take pride in the Cherry
Blossoms which flower on the tree, and receive many compliments from people
visiting your house. There is a fence separating your property from your
neighbour’s, and though the tree grows from your side of the fence, some of the
limbs have grown over to your neighbour’s property. On many occasions you have
offered to trim these branches however your neighbour didn’t want you to
‘trespass’ and refused to allow you on his side of the lawn; instead, he trimmed the
branches himself. Unfortunately, knowing nothing about Cherry Blossom Trees,
your neighbour cut too many branches and the tree died!!

Scenario #9: Trespass to Land – A Tree Dispute

Defendant: Mr. Saw

      You live at 127 Cherry Hill Lane. You are generally a good neighbour and
take pride in the maintenance of your house and property. You are very particular
about who you allow to cut your grass, and where you buy your flowers. Your
neighbour’s tree has been an issue of contention for some time now, because its
flowers often shed onto your side of the fence, ruining the look of your lawn and
flowerbeds. You did not want your neighbour to trample your flowers, so you said
you would trim the branches yourself. You asked your neighbour if there was any
way in particular you should trim the branches, but they did not offer you any
advice. You went ahead and trimmed the branches, however shortly after that the
tree died.
Scenario #10: Slander – After He Cheats

Plaintiff: Candy

       You are a 3rd-year university student living on campus in Kingston, Ontario.
You recently transferred from a school in Toronto. In your first week in Kingston,
you ran into your ex-boyfriend, Timmy. You were very surprised to see him, but
also very happy to see a familiar face. After all, you broke up on good terms at the
end of high school, simply because you were both moving on. You know Timmy
had a girlfriend (the Defendant) in Kingston, but you couldn’t help feeling drawn
towards him once again, and one thing led to another… Timmy broke up with the
Defendant and started seeing you again. Then one night, listening to the campus
radio station, you heard the DJ start talking about this guy who had cheated on his
girlfriend and what a terrible person he was. You found the whole thing kind of
funny, until you realized the DJ was talking about Timmy – and you! To top it all
off, the dedicated song was “Before He Cheats” by Carrie Underwood, and now
people are calling you a ‘bleach blonde tramp’!!! You know people have been
talking about you behind your back and even your professors are looking at you
differently. You are suing the Defendant for defamation of character. You believe
that her actions have greatly damaged your reputation, as well as your relationship
with Timmy.


Scenario #10: Slander – After He Cheats

Defendant: Teresa

      You are a 3rd-year university student living on campus in Kingston, Ontario.
When you were in first year you met Timmy in your Intro to Psych class. You
dropped your pen, and when he leaned over to pass it to you, your eyes met, he
asked you out for a latte… and the rest was history. That is, until SHE came along.
You and Timmy had been together for almost 2 years, when the Plaintiff transferred
into your program from another school. The rivalry between the two of you was
apparent from the very beginning, and before you knew it, people all over campus
knew that Timmy was cheating on you with the Plaintiff. You and Timmy broke
up, and one night you decided to call the campus radio station on a whim. You
requested the song “Before He Cheats” by Carrie Underwood and dedicated it to
Timmy. You didn’t actually get on the air, but while you were talking to the DJ
you told him your story. Then the DJ introduced the song, he dedicated it to
Timmy and made some off-colour remarks about the Plaintiff. You didn’t mean for
that to happen, but you’re not exactly feeling sorry for her after what she did to you.
Scenario #11: Libel – The Burn Book

Plaintiff: Lindsay

      You are a grade 12 student attending Riverdale High. You are a very bright,
very popular student, and you relish your position of power as a senior student.
Once in a while, you may pick on younger students in the hallway but you never
mean any real harm… You are just trying to keep them ‘in line’. The worst day of
your life began one morning when you arrived at Riverdale to find horrible pictures
and comments about you posted all over the school. There were caricatures of your
face and pictures with goatees, moustaches and devil horns drawn on them, as well
as comments describing you as stupid, lazy, fat, mean, pathetic, promiscuous, and
also, a cow. You have always been very sensitive about your weight and the
damage to your reputation has caused you to go on a crash diet, and pay over $750
for a gym membership and weight-loss supplements. You know the Defendant and
are not at all surprised that she was behind this vicious attack. After all, she’s been
jealous of you for years. You are suing her for defamation of character.


Scenario #11: Libel – The Burn Book

Defendant: Rachel

       You are a grade 11 student attending Riverdale High. After watching the
movie “Mean Girls” you and your girlfriends decided to take some inspiration from
the movie and make a “Burn Book.” You thought this would be a good way to let
out your feelings about a few select people, including the Plaintiff, without hurting
their feelings. The book was never meant to be shown to the public, just a private
outlet for your pain. The Defendant was one of the people you wrote about in the
book, and while you wrote some pretty awful things, you think your feelings were
justified because the Defendant has been bullying you for years. In the book, you
wrote that the Defendant was stupid, lazy, ugly, fat, mean, pathetic, promiscuous,
and also, a cow. The book was stored safely in your locker, and would have stayed
there had your locker not been broken into. The book was stolen, and the pages
were photocopied by the thief and posted around school. The book was intended
to be kept private and the Plaintiff’s reputation would never have been damaged in
this way had you been able to control it.
Scenario#12: Product Malfunction –The Age of Beauty

Plaintiff: Ms. Blush

      You are an 18-year old high school student, looking forward to graduation
and prom. You have been preparing for these events for months, and have taken
measures to ensure that you will look your VERY best in your graduation portrait
session, which you booked months ahead of time. You also paid a $300 non-
refundable deposit on your pictures. You are very concerned about premature
aging, and bought a high-end anti-wrinkle cream to help with this problem, called
Smoother, made by Estee Lauber. You did not read the age disclaimer on the
product, stating that it was meant for people over 30 years old. Unbeknownst to
you, the cream was far too rich for your skin and caused you to break out into
terrible acne! Despite your best efforts – a $600 facial and several treatments with
a licensed dermatologist – you were unable to clear your skin before your portraits
took place. You also spent another $250 on make-up products to try and cover the
acne. You are suing Estee Lauber for this product malfunction and for false
advertising.

Scenario #12: Product Malfunction – The Age of Beauty

Defendant: Mr. Mann

      You are the company representative for Estee Lauber, a high-end cosmetics
brand specializing in skin care. The company produces several lines of skin creams,
specifically targeting wrinkle prevention, wrinkle reduction, dark under-eye circles,
acne, and hyper- and hypo-pigmentation. Each line also aimed at a specific age
group, since skin-care needs change over time. One product that has been very
successful is called Smoother, a moisture-rich face cream designed to prevent
wrinkles in women over 30 years old. This age recommendation is shown very
clearly on both the box and the jar itself. The Plaintiff (age 18) was a first-time user
of this product, and she claims that the cream caused her to break out in severe
acne, ruining her graduation portraits. She is suing Estee Lauber for product
malfunction and for false advertising.
Scenario #13: Negligence – A Little League

Plaintiff: Mr. Hardy

      You are the proud parent of a Little Leaguer; your son plays for a team called
the Antz, and you never miss a game or practice. On the day in question, the Antz
were playing against the Kung Fu Pandas, a team whose coach is well-known for
his unorthodox training methods. The Antz were up at bat, with the Pandas out in
the field. While sitting in the stands, your cell phone started ringing just as the first
batter stepped up to the plate. You looked down for just a moment, and then you
heard a loud crack. The next thing you knew, you were lying on your back in the
bleachers with a throbbing headache. The Pandas coach sent his pitcher into the
game with a hardball, instead of the league-regulated softball!!! Your left temple
was extremely bruised and swollen, and you were unable to attend work for 3 days.
Unfortunately, during that time you missed an important presentation and were
passed up for a long-overdue promotion. You are suing the Defendant for
negligence.

Scenario #13: Negligence – A Little League

Defendant: Coach Carter

      You are the coach of a Little League baseball team, called the Kung Fu
Pandas. You have been coaching for 5 years, and have tried many different
techniques and styles of coaching over the years. One trick you have learned works
very well is using different kinds and sizes of balls to improve the players’ hand-
eye coordination, agility, and dexterity. For example, you have the players practice
both batting and catching with beach balls, Soccer balls, Volleyballs, as well as
softballs and hardballs designed for baseball. The league itself uses softballs during
its games. On the day in question, the Kung Fu Pandas were playing against the
Antz. The Antz were at bat, with your team on the field. When your pitcher went
up to the mound, he accidentally took a hardball with him, instead of a softball
regulated by the league. Before you knew it, he had pitched it and the batter hit a
foul ball. The ball went into the stands and hit the Plaintiff in the temple, causing a
fair bit of swelling and bruising. While you’re sorry that one of the parents in the
stands was injured, you accepted a long time ago that spectators accept a certain
amount of risk when attending games.
Scenario #14: Trespass to Property – Damage by Goat

Plaintiff: Georgette

      You and the Defendant have been next-door neighbours for 5 years, with few
problems. You make small talk when you meet on the street, and have even
socialized on the odd occasion. Any and all conflict you have experienced has had
one root cause – the Defendant’s pet goat. The Defendant often lets his goat roam
free in his backyard, and though a fence separates the two properties, the goat has a
tendency to chew anything within reach. In the past, the goat has eaten flowers,
bushes, grass, and even a garden gnome. This time, however, the goat has gone too
far! You hung your laundry in the backyard, laundry which included some rather
delicate and expensive pieces that could not be put into the dryer. You didn’t see
the goat in the yard at the time, so you assumed it was in its pen. To your dismay
when you returned to the yard after a couple of hours, many of the clothes had been
chewed by the goat, and one item worth over $550 had disappeared altogether!
You are suing the Defendant for Negligence and Trespass (by goat) to Property.

Scenario #14: Trespass to Property – Damage by Goat

Defendant: Mr. Farmer

      You and the Plaintiff have been next-door neighbours for 5 years, with few
problems. You make small talk when you meet on the street, and have even
socialized on the odd occasion. The one thing you have never been able to
understand, however, is the problem she has with your pet goat! Sure, the goat has
eaten a few of her flowers, and there was that little garden gnome as well, but it
really was rather ugly to begin with… The thing with goats though is that they like
to chew things. You have tried buying the goat toys and other things to chew, but
she continues to be attracted to the fence between the two properties. On the day in
question, the goat had been out all day and you were keeping an eye on her through
the window. Unfortunately, you did not notice when the Plaintiff hung up some of
her laundry in her backyard and by the time you got out there, it was too late.
Given her past experiences with the goat, you would think the Plaintiff would have
been more careful with such delicate pieces, and not hang them so close to the
fence.
Scenario #15: Negligence – A 3rd Party

Plaintiff#1: Daisy Rose

      You are a 25-year old college graduate. You drive a 2007 Mustang
convertible, in your favourite colour of course – pink! You recently got your
license and the car was a graduation present from your Daddy-Dearest. On the day
in question, you were driving down Main Street talking to your BFF on your cell
phone when all of a sudden, you got “an itch”!!! You slammed on your brakes for
no other reason but to scratch the “itch” because it was really itchy, and before you
knew it, the Defendant crashed into your car from behind! The Mustang was,
thankfully, barely scratched, but you suffered many injuries including (but not
limited to) whiplash, a sprained wrist, and a damaged manicure. You have not been
able to have your manicure repaired due to your wrist injury, and this has caused
you much distress. To top it all off, your custom-made pink rhinestone cell phone
flew out of the car and broke into a million pieces when it hit the pavement! You
are suing the Defendant for Negligence.


Scenario #15: Negligence – A 3rd Party

Defendant #1/Plaintiff #2: Ken Lee

      You are a 22-year old, self-proclaimed ‘superfly street racer’. You drive a
1999 Civic, souped-up of course, in Indigo Blue. You take a lot of pride in your car
and have spent over $10,000 in upgrades and enhancements. You recently took the
car to Super Fast Brakes, a company specializing in brake repairs and performance
enhancements. You spoke directly to (Defendant #2), the owner, and told him you
wanted an engine upgrade. You wanted the car to go faster, and also inquired if the
brake pads should be changed to compensate. Since you drive your car hard and at
such high speeds, you need to be able to stop suddenly; you picked up your car a
couple days later. On the day in question, you were driving behind the Plaintiff in
her pink Mustang convertible on Main Street. You were “jamming to music” when
the Plaintiff suddenly slammed on her brakes! You were unable to stop in time,
and bumped her car. You also saw her cell phone fly out of the car, but you believe
this was before you bumped into her. Luckily, there was very little damage to
either car, but the Drama Queen made a big fuss about how hurt she was and now
she is suing you for negligence. You believe that SuperFast Brakes did not fix your
brakes as you had asked and they should be liable for the accident and that the
plaintiff contributed to the accident as she was too busy talking on her phone to pay
attention to driving.
(Scenario #15: Negligence – A 3rd Party)

Defendant #2: Lou

      You are the owner/operator of SuperFast Brakes, a company dealing in auto
maintenance and repair. SuperFast specializes in fixing faulty brakes, as well as
performance upgrades to increase acceleration speeds. Defendant #1 is a new
customer at SuperFast, and came in to have his brakes repaired and his engine
upgraded. Defendant #1 said that he wanted the car to go faster, but that the brake
pads should probably be replaced to compensate. You performed the engine
upgrade as asked and the brakes looked fine. Defendant #1 picked up the car a few
days later, and then the self-proclaimed ‘superfly street racer’ went and got in an
accident! In your opinion, Defendant #1 was not paying enough attention to the
road and that’s why he was unable to stop in time, and avoid hitting Plaintiff #1.
She is suing Defendant #1 for negligence, and he in turn is suing you (becoming
Plaintiff #2).

								
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