Business Law Test 1

Helpful Links

https://lawshelf.com/shortvideosview/

Evidence

https://lawshelf.com/shortvideoscontentview/best-evidence-original-documents-rule/(Links to an external site.)

Witnesses

https://lawshelf.com/shortvideoscontentview/evidence-law-opinion-testimony-of-laypeople-and-experts/(Links to an external site.)

Case You are the Plaintiff

Maryann Sincere comes to you after her fancy new Kitchen Aid electric tea kettle explodes the first time she used it because of a hairline crack in its base. She did not jump out of the way in time, and the tea kettle causes her third-degree burns from the hot steam and water. She also accidentally knocks over a hand-carved crystal vase (Arnstadt Cobalt Blue Cut To Clear Crystal Vase) which broke into 5 piecesand happens to be her most valuable wedding gift.

Test Requirements

This test requires you to use your text and be sure to put in quotes from the chaper, Google similar cases and put in quotes, view YouTube lectures and cases and be creative. The major facts in the case are below but details can be filled in that are reasonable and consistent with the major facts. Be sure to state in the test what your client Maryann will be seeking in court with reasons that include what and why.

There are five requirements below. Each requirement needs to be about 500-600 words. That means the test needs to be about 2500 to 3000 words in length.

1. Description of the complaint (get research) Your client is the Plaintiff.
   1. States the Plaintiff version of the facts, the legal theory under which the case is brought (negligence for example)
   2. Asks for damages or other relief based on the facts
2. Opening Argument (Research Needed from similar cases)
   1. First state your theme immediately in one sentence -
   2. Second tell your story of the case-
   3. Third order your facts in a sequence that supports your theme-Decide if you address any of the defendant's side against your client
3. Evidence (Research needed)
   1. First explain original writings, recording or photographs, e-mails and text messages you will want to present.
   2. Second the best ways to prove the content of the writing, recording or photographic evidence is accurate and real.
4. Witnesses Lay witness testimony often begins with the witness testifying to observations that he or she personally perceived. To qualify as an expert witness, the witness offering the testimony must meet preliminary requirements.
   1. First explain in the test the witnesses you will use by formally documenting to the court their area of expertise that relates to the opinion.
   2. Second explain the questions you will ask both the lay witnesses and expert witnesses and the reasons behind each question (in other words what you are trying to get them to explain or admit.
5. Closing Argument-
   1. First present a summary of the evidence
   2. Second the probable weakness of the other side and
   3. Third a reminder of the result you want the jury to come up with.