$(8)$ Titanic Mock Trial "The White Star"

Instructions:

Jurors $-$ You need to write a three$+$ page paper $($double$-$spaced, one$-$inch margins$)$ using IRAC to document the verdict you already submitted. The paper must be OVER three pages and must go through your IRAC analysis of the facts as presented at trial. Those facts, as applied to the law, should support your conclusion. You will not be judged on your conclusion but on your IRAC analysis.

Jury's Special Verdict Sheet

Jurors, after deliberation of all the testimony, documents and exhibits you are to carefully consider the evidence and come to a unanimous conclusion as to each question below:

Elements of the plaintiff's prima facie case of Negligence:

Negligence is a "tort," a private $($non$-$criminal$)$ wrong or injury. To prevail on a claim of negligence, a plaintiff must prove by a preponderance of the evidence the following four elements:

Duty of reasonable care to the injured party,

Breach by the defendant of the duty of reasonable care,

Proximate $($legal$)$ causation of the plaintiff's injuries $($here$,$ in this case, the cause of Mr$.$ Jensen's wrongful death$)$;

Damages.

Duty of Reasonable Care:

$($a$)$ Was Hans Peder Jensen a Foreseeable Plaintiff to The White Star Line? A$=$ YES

$($b$)$ Did The White Star Line owe a duty of reasonable care to its passenger, Hans Peder Jensen? A$=$ YES

$($The judge has determined that as a 'matter of law' The White Star Line owed Mr$.$ Jensen a duty of reasonable care so you need not decide this matter.$)$IF THE ANSWERS TO THE ABOVE QUESTIONS $1.($a$)$ AND $($b$)$ ARE ANSWERED "YES" PROCEED TO THE NEXT QUESTION:

Breach of the Duty Owed:

Did The White Star Line breach the duty of care owed to Hans Peder Jensen? A$=$ YES

IF THE ANSWER TO QUESTION $2$ IS "YES" PROCEED TO THE NEXT QUESTION:

$3.$ Causation:

$($b$)$ Proximate Causation: Was there a direct connection between the actions or omissions of the crew of The White Star Line and Jensen's death? A$=$ YES

IF THE QUESTION IS ANSWERED "YES" THEN PROCEED TO THE NEXT QUESTION:

$4.$ Damages:

$($a$)$ In what amount, if any, is White Star Lines liable to pay the plaintiff for the wrongful death of Hans

Peder Jensen?

$A=$ Amount of $$500,000$

Defenses Available to White Star Lines:

Superseding Cause: Was an intentional act by any person other than an employee of White Star Lines that acted as a superseding cause of Hans Peder Jensen's death? $($The intentional act could be by Hans Peder Jensen himself$).$

$A=No$

Contributory Negligence: Was Hans Peder Jensen, in any way, contributory negligent in his own death? If so$,$ the plaintiff

$A=$ Yes

Assumption of the Risk: Did Hans Peder Jensen assume the risk of his own death?

A $=$ No

Jurors, after you have come to a unanimous conclusion as to each question below, the completed verdict sheet must be returned to the judge or bailiff.