Johnson vs Coldrock Tire & Rubber Company Discussion
1.Is this a civil trial or criminal trial?
2.Who is your client?
3.Who is suing whom? And on what basis?
4.What are the causes of action?
TIP: refers to chapters 5 & to determine what causes of action are applicable to this set of facts.
5.Once you determine your client and the cause of action that is applicable to this set of facts make a list of the element of each cause of action. The elements will serve as the outline of the points that the plaintiff will need to prove or that the defense will need to rebut in order to win the case. Example -In a Negligence cause of action the plaintiff would need to prove or the defense would need to rebut 1. Duty 2. Breach 3. Causation & 4. Damages.
TIP: You need to be able to apply each element of your cause of action to the facts of the case and be prepared to argue it in court.
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