South Shore Baseball LLC v DeJesus Case Discussion
Order ID:89JHGSJE83839 Style:APA/MLA/Harvard/Chicago Pages:5-10 Instructions:
South Shore Baseball LLC v DeJesus Case Discussion
Juanita DeJesus was seriously injured when hit on the head by a foul ball at a minor league baseball game and sued the stadium operators for negligence and premises liability. The case progressed to the Indiana Supreme Court where the Indianapolis Indians urged the State Supreme Court to dispose of the premises liability and negligence claims in one fell swoop by adopting the so-called Baseball Rule, which provides that:
a ballpark operator that provides screening behind home plate sufficient to meet ordinary demand for protected seating has fulfilled its duty with respect to screening and cannot be subjected to liability for injuries resulting to a spectator by an object leaving the playing field.
Should the Court adopt this clear and unambiguous rule for the national pastime? Does the Court have authority to make such a ruling? How would you decide her negligence claim? [South Shore Baseball, LLC v. DeJesus, 11 N.E.3d 903 (Ind.)]
Civil Law Car Accident Case Discussion
Overview: Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm,
Ms. Baker. After interviewing Ms. Baker, you learned the following: Ms. Baker, a resident of Connecticut, was on road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, her car was hit from behind by Ms. Smith, a Kansas resident. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the faulty of Ms. Smith.
Instructions:
- Use the attached Memo template.
Draft an office memorandum to your supervising attorney in which you answer the following questions:
- Can this case be filed in federal court? Why? (HINT: See Diversity Jurisdiction)
- Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
- Identify what information should be sought in discovery.
- Identify and explain witnesses that should be called on behalf of Ms. Baker at trial.
- Would ADR be helpful in this case? Why?
Requirements:
Use APA format for non-legal sources such as the textbook. Use Bluebook
citation format for any legal citations.
Submit a Word document using the Memo template.
Maximum two pages in length, excluding the Reference page.
South Shore Baseball LLC v DeJesus Case Discussion
RUBRIC
Excellent Quality
95-100%
Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
58-53 points
Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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