Case Analysis Spain v. Anderson

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Case Analysis Spain v. Anderson

• Ed Edmonds
• November 1, 2005

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Ed Edmonds

• Director of the Schoenecker Law Library and
  Professor of Law
  
• University of St. Thomas School of Law
• Sports law teacher for nearly twenty years
• Faculty advisor for the Board of Advocates
• Moot Court appellate cases
• Client Counseling and Interviewing
• Negotiations
• Trial Advocacy

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The Order of the Trial

• Opening Statements
• This is the teams opportunity to show a road map
  and the development and theory of the case.
  
• Different approach between criminal and civil
  trials
  

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The Order of the Trial

• Witness testimony
• How you build your case is strategic
• You want to build upon the testimony of each
  witness in a logical sequence.
  
• Cross-examination
• You want to create doubt particularly with
  respect to the elements of the case.
  

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Witnesses

• Plaintiffs Witnesses
• Shannon Spain
• Dr. Blake Norman
• Coach Terry Dillon
• Defendants Witnesses
• Linn Anderson
• Professional Player Cameron Strong
• Eyewitness Taylor Brown
• All three witnesses must be called.

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Redirect and Re-cross

• Redirect
• If the witness has been impeached or damaged, a
  team member can try to rehabilitate that
  witness.
  
• Re-cross
• Limited to matters raised on redirect
• The team member should not go back into an area
  covered in direct.
  
• Do not overuse redirect and re-cross

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Closing Argument and Rebuttal

• Rebuttal
• The team must reserve this time from the time
  allocated for the closing argument.
  
• The team must tell the timekeeper how much time
  you want to reserve.
  
• Rebuttal is usually high risk/high reward.

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Discussion of the Facts

• Civil case
• Shannon Spain
• Soccer player for Pleasantville High School
• Shannon Spain was injured during a collision with
  Linn Anderson.
  
• Rules of the game
• Only outside source that can be used is FIFAs
  Laws of the Game.

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The Tort of Negligence

• Duty
• Breach of duty
• Proximate cause
• Cause in fact
• Damages

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Battery

• Elements
• Offensive touching
• Rudeness, anger, hostile manner
• Person or clothing of a person

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Burden of Proof

• What is it?
• How do you meet that burden?
• Preponderance of the evidence
• Reasonable satisfaction

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Affirmative Defenses

• Assumption of Risk
• Knowledge of existence of dangerous condition
• Appreciation of that danger
• Failure to exercise care by exposing oneself to
  the danger
  
• Contributory Negligence

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Key Points

• What are the rules of the game?
• What took place at the time of contact between
  Spain and Anderson?
  
• Is the preexisting injury important?
• What about the history between the two players?

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Stipulations

• Exhibits are authentic and accurate.
• Signatures of witnesses are authentic.
• With respect to legal issues, parties may rely
  upon the legal authorities provided.
  
• Emergency Room report is admissible. No
  additional foundation is necessary.
  
• You can argue hearsay if you feel that hearsay
  appears in the report.

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Damages

• Compensatory or actual damages
• Fair and reasonable compensation for loss or
  injury sustained
  
• Monetary award
• Punitive or exemplary damages
• The burden of proof is clear and convincing
  evidence.
  
• Consciously or deliberately engaged in
  oppression, fraud, wantoness, or malice with
  regard to the plaintiff.
  

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Exhibits

• Emergency Room Report
• Rules for Referees Secondary School Athletic
  Soccer Association
  
• Cameron Strongs article
• Mayberry Mudcats schedule
• Voicemail transcript
• Not required to use all six
• Foundation