WHATWHAT ISIS CIVILCIVIL LAW?LAW?

COMPILED BY MILLIE AULBUR DIRECTOR OF CITIZENSHIP EDUCATION THE MISSOURI BAR

1 What Is Civil Law?

DEFINITION OF CIVIL LAW--Civil law seeks to resolve non-criminal disputes. This includes disagreements over the meanings of contracts, personal injuries (known as “torts”), divorce, child custody, and property damage. A civil court is a place where people can solve their problems with other people peacefully. The function of civil law is for the court to provide a legal remedy to solve these problems so that people do not resort to violence or other unpleasant outcomes. Sometimes civil law is based on a state or federal statute; at other times civil law is based on a ruling by the court, called “common law.”

TYPES OF CIVIL CASES

Civil law covers a wide spectrum of topics. Some of these topics are: • sports law • negligence • family law • contract law • property law • international law • agricultural law • employment law • animal law • entertainment law • business law • intellectual property law • tax and bankruptcy law • tort law (such as libel, slander, battery, assault, and negligence)

PARTIES IN A CIVIL LAW CASE

Plaintiff--the person who feels he or she has not been treated fairly by another person. This person brings the case to the court and has the burden of proving that he or she was treated unfairly.

Defendant--the person who the Plaintiff claims has treated him or her unfairly.

8 EXAMPLES OF CIVIL LAW CASES

! Contract Law: You have just purchased your first car. In Missouri, you must have car insurance to obtain a title and license for the car. This is a contract between you and your insurance company. Your part is to pay the premiums and not to intentionally harm your car. The insurance company’s part is to pay you when something happens to your car. One day, an engine fire destroys your car. The fire is an accident; no one is to blame. Your insurance policy specifically states the insurance will pay you for the value of the car. The insurance company refuses to pay, and so you sue the insurance company for the value of the car.

! Family Law: Your best friend’s parents get a divorce. The judge awards custody of your friend’s sister to the mother and of your friend to the father. The friend and sister want to live together. They ask a lawyer to change the custody order.

! Intellectual Property Law: You are an aspiring writer who posted a story on the Internet. This story belongs to you, and you have noted that the story is yours with a copyright line. However, a few months after posting your story, you see the same story, with a different title and someone else claiming authorship printed in a magazine. You may sue the magazine and the alleged new author for pirating your story.

! Tort Law: You are a basketball star who was late for practice. You rushed out your door and tripped over your neighbor’s dog. You broke your ankle, causing you to incur medical expenses and miss the entire basketball season. You think your neighbors should pay for your expenses, as well as for you missing the season because they should have kept their dog in their own yard. When you sue your neighbors, they will say you should have been more careful; the dog was barking at you, so you should have known it was there and not tripped. The neighbors may claim that, even though their dog was at your door, your injuries were at least partially your fault because you didn’t look where you were going. At the trial, a jury will decide who is more at fault and will award damages (money). (This is called comparative negligence; the jury has to evaluate the two sides and determine who is more at fault.)

9 The Differences Between Criminal and Civil Law Cases

A state circuit court and a federal district court handle both civil and criminal cases. Criminal and civil cases are distinct from one another in the following ways:

Criminal Law Civil Law

1. The Plaintiff is always the state or 1. Both the Plaintiff and the Defendant may federal government. The Defendant may be anybody, including governments, be anybody, including governments, corporations, and individuals. corporations, and individuals.

2. A crime is determined by either a state 2. Civil law is established both through or federal statute, which is created by the state and federal statutes and through legislature. common law, which is made up of past court decisions.

3. The Plaintiff has to prove that the 3. The burden of proof in a civil trial is Defendant is guilty “beyond a “preponderance of the evidence,” which reasonable doubt.” This is called the sometimes is defined as “more likely burden of proof and means that the jury than not.” In other words, it is likely has to find that it is very likely that the that the Defendant is guilty, but the jury Defendant committed the crime. does not have to be as certain as in a criminal trial.

4. The jury decision in a criminal trial must 4. In Missouri, the jury decision must be 9- be unanimous, meaning that every jury 3 for the plaintiff to win. States vary. member has to agree. Federal courts require unanimous verdicts.

5. In a criminal case, the Defendant is ruled 5. In a civil case, the plaintiff and the to be either guilty or not guilty. defendant may both be found partially right and partially at fault.

6. If the Defendant loses, he or she may be 6. If the Defendant loses in a civil case, he punished by paying a fine and/or going or she cannot be imprisoned, even if he to jail. or she cannot pay the damages.

7. Only the Defendant may appeal in a 7. Either party may appeal in a civil case. criminal case. To appeal a case means to have it re-examined by a group of judges.

10 PROCEDURE IN A CIVIL CASE

1. The Plaintiff files a complaint with the appropriate court. A complaint is a document that describes why the Plaintiff is suing the Defendant.

2. The Plaintiff must file this complaint within a certain amount of time from when the event causing damage occurred; this is called the statute of limitations. The statute of limitation is a law that tells the Plaintiff how much time he or she has to file his or her complaint. Statutes of limitations generally range from one to ten years. If the Plaintiff is under age 21, the state of limitations does not begin until the Plaintiff turns 21. Some examples of statutes of limitations are:

! Two years—most intentional torts such as slander, libel, battery and assault, and most negligence cases ! Five years—contract violations, trespass on real estate, possible fraud ! Ten years—any action for payment of money or property

3. The Plaintiff may file the complaint in either federal or state court, depending on what the complaint is about and what the Plaintiff wants. (The Plaintiff also has to pay a filing fee, or a small amount of money to file his or her complaint.)

! State Court 1. If the complaint is by a Missouri resident or company against another Missouri resident or company, the usual place to file a lawsuit is in the Circuit Court in the county in which one of the parties resides. For example, if you live in Jefferson County and want to sue someone who lives in Cole County, you could file your lawsuit in either Jefferson County or Cole County. 2. If the Complaint if about a Missouri state law, it should be filed in a Missouri State Court.

! Federal Court 1. If only one of the parties is from Missouri and the Plaintiff seeks at least $75,000 in damages, the Plaintiff may file the complaint in a federal court. For instance, if you live in Missouri and want to sue someone who lives in Illinois for $100,000, you may file your complaint in Federal Court in either Missouri or Illinois. 2. If the complaint is about a federal law, the Plaintiff must file in a federal court.

! Other types of courts are available, depending on the issue. For example, the Plaintiff may file in Small Claims court if he or she seeks less than $3,000 in damages. Family courts handle matters such as divorce and child custody.

11 Probate courts examine people’s wills to see who receives a person’s possession after he or she dies. Other examples include Bankruptcy court, Juvenile court, and Traffic court.

4. The court issues a summons or writ. These are letters that tell the Defendant that the Plaintiff is suing the Defendant and why.

5. The summons is delivered to the Defendant by mail, by the person bringing the suit, by the sheriff, or by a service agent. This is called service of process.

6. The Defendant usually hires an attorney who files an answer to the Plaintiff’s complaint. An answer is a document that either admits or denies the allegations in the Plaintiff’s complaint. Most of the time, the answer will deny the Plaintiff’s allegations.

7. Usually, a period of discovery follows. Discovery is when the parties exchange relevant documents and conduct depositions, in which the parties and possible witnesses are placed under oath and interviewed. This process useful because each party can learn what his or her opponent plans to say at trial.

8. The parties then ask the judge to set the case for trial. The judge schedules the trial, and both parties spend their time preparing for the trial. Sometimes, the parties may reach a settlement before going to trial; this means that the parties work out their differences before going to trial.

9. Occasionally, a judge may grant one party a summary judgment, which means that the judge looks at the information both sides present and decides who wins.

10. The trial may be either a jury trial or a bench trial. A jury trial means members of the community will decide the case. A bench trial means that the judge gets to decide the case. Parties must request a jury trial; if no one makes such a request, the trial will be a bench trial.

11. Once in trial, both parties give opening statements, which means that they tell the jury why the parties are in court.

12. The parties then call witnesses. The Plaintiff goes first because he or she has to overcome the burden of proof, meaning that he or she must show that the Defendant is guilty.

13. The Plaintiff’s lawyer conducts direct examination, meaning that he/she asks the witness questions and the witness answer. This way, the jury can find out what happened. The Defendant’s lawyer then conducts a cross-examination, meaning that he/she will ask the

12 witness more questions, trying to find weaknesses in the witness’s story.

14. After the Plaintiff has called all of his/her witnesses, the Plaintiff will rest. The Defendant may then call witnesses. This time, the Defendant conducts a direct examination, while the Plaintiff conducts cross-examinations.

15. When the Defendant has called all of his/her witnesses, the Defendant will rest. At this point, the judge will instruct the jury on what the law is. The jury will then deliberate, meaning they will go to another room and discuss the case. They will vote and bring their decision back to the judge. The decision is called a verdict. If there is no jury, the judge will decide the case. A judge’s decision is called a judgment. Either party may win the case.

16. The loser of the case may appeal, which means that he or she will be able to argue the case in front of a group of judges. These judges will examine the evidence to see if the verdict is correct. If they feel that the decision was right, they will affirm the judgment. If they feel that the decision was wrong, they will reverse the judgment. Sometimes, they may also remand the case, meaning that they send the case back to the lower court for a new trial.

13 MISSOURIMISSOURI CASECASE SCENARIOSSCENARIOS

Note: These scenarios are from actual cases. The names have been changed and the fact patterns shortened so that they are easy to use for mock trials.

TORTS

CASE #1: Fast Food Blues

The Plaintiff, Mr. Allen, is suing Defendant, Fast Food Chain, for damages for injuries suffered on the restaurant premises.

Plaintiff: Mr. Allen One night, I was at a friend’s home near Fast Food Chain. I got hungry and decided to go to Burger World to get a hamburger because Fast Food Chain was closed. But, in order to get to Burger World, I had to cut through the property of Fast Food Chain. When I got to Burger World, I realized that I had no money. On my way back, I decided to see if there was anything left in the dumpster behind Fast Food Chain. As I climbed over the wall surrounding the dumpster, it collapsed. I fell and broke my leg. I know that Fast Food Chain was aware of the danger the wall posed. They have a duty to keep the premises safe, so now they owe me money for the injury I suffered.

Defendant: Fast Food Chain We admit that we had knowledge of the damaged wall surrounding the dumpster. But, what was Mr. Allen doing in the dumpster after hours? Why was he going through our trash in the middle of the night, anyway? We cannot foresee a person climbing into the dumpster when no one is around, so we do not owe a duty to a person who injures themselves while doing so.

CASE #2: Watch out for that Cart!

The Plaintiff, Ms. Carpenter, is suing Defendant, Grocery Store, for damages for harm done to her automobile.

Plaintiff: Ms. Carpenter I work at the restaurant that is next to Grocery Store. My car was parked in the restaurant’s parking lot, which is separated by a speed bump from Grocery Store’s parking lot. I was at work on a stormy afternoon when a few stray grocery carts slammed into my car, causing extensive damage. Now I want Grocery Store to pay for the repairs!

14 Defendant: Grocery Store This is exactly the sort of thing that our store cannot be responsible for. We even post signs in our parking lot that relieve us from any liability where a car is damaged by a cart. Ms. Carpenter will just have to pay for repairs herself because we are not responsible.

CASE #3: Runaway Milk Truck

The Plaintiff, Mr. Jones, is suing the Defendants, Mr. and Mrs. Jacobs, for damages due to Defendants’ negligence in watching their son.

Plaintiff: Mr. Jones I was delivering milk on my regular route. When I stopped to unload, I left the truck unattended. As I was making my delivery, I happened to notice, out of the corner of my eye that my truck was rolling. I ran after it and discovered a small boy, around 3 years old, inside, who had released the emergency break. I held onto the boy, but the truck was dragging me, and I got hurt. The truck came to a stop by running into a building. I recently found out this is not the first time that the boy has escaped from his parents care. He has gotten out through the window of his room and gotten into a neighbor’s home through their window before. Now I want his parents to pay for the injuries I suffered as a result of the accident.

Defendants: Mr. and Mrs. Jacobs We cannot be held responsible for what our three-year-old child does. He is only three years old and he has no ability to be negligent. Therefore, he cannot be held accountable either. We thank Mr. Jones for holding onto our son so that he would not be more seriously hurt, but we are not going to pay him any money.

CASE #4: Negative Publicity

The Plaintiff, Mr. Randall, is suing Defendant, Mr. Hutchins, for making defamatory statements about Mr. Randall in Mr. Hutchins’ article in the local newspaper.

Plaintiff: Mr. Randall Mr. Hutchins wrote an article in the Metro Times that falsely stated that I had closed down my restaurant because I was behind in rent. The article went on to say that I had vandalized the restaurant and taken stolen goods in the hopes of leaving town with them. This is not the case at all. If Mr. Hutchins had done any checking at all he would have found that I was merely in the process of renovating the restaurant; I was certainly not behind in rent. Now, my reputation is ruined in the community, and it is all Mr. Hutchins’ fault! He should pay to compensate for losses that I have felt.

15 Defendant: Mr. Hutchins This was a newsworthy story in our community and a matter of public concern. People had a right to know what was going on right in their own town. I got my story from the Landlord of the property, but I was completely neutral in my writing. While I am sorry that the stories weren’t straight, this error is not the kind that I should have to pay for.

CASE #5: The Great Shootout

The Plaintiff, Mrs. Alton, is suing Defendant, Mr. Dealer, for damages for private nuisance and negligence after stray bullets entered her property.

Plaintiff: Mrs. Alton My husband and I live on 300 acres of land, which is next to Mr. Dealer’s land. Mr. Dealer runs a firing range on his land. It was fine in the past, but then he decided to build a new range much closer to our land. Stray bullets have hit some of our trees, and our house has even been hit twice. This has caused us much distress, and we can no longer enjoy our property without fear of being hit by stray bullets. I want Mr. Dealer to shut down the new range, and to pay us damages to compensate for the emotional distress that this has caused us.

Defendant: Mr. Dealer I have run this firing range for years now without any complaint from the Altons. If they had a problem, they could have come to me. We had a good relationship up until now. I am sorry that the bullets strayed onto their land, and I promise to change the range so that these problems won’t continue, but I don’t think that I should have to pay them any money. They were never hurt by the bullets, so there’s no real harm done.

CASE #6: Tripped on a Pickle

The Plaintiff, Ms. Compton, is suing Defendant, Mr. Benedict, for damages for injuries she suffered while in Defendant’s store after tripping on a piece of produce.

Plaintiff: Ms. Compton I went into Mr. Benedict’s store to buy some groceries. I admit I was in a hurry, but when I was nearly at the register I slipped and fell. When I got up, I noticed that there was something green on the floor. It looked like a pickle or a piece of broccoli or something like that. The store should have noticed the pickle because it was located in the cashier’s view. I broke my ankle as a result of my fall, and now I want Mr. Benedict to pay for my medical bills.

Defendant: Mr. Benedict I was there after Ms. Compton fell, and I didn’t notice any produce near where she fell. While I did notice some gum on the floor, it couldn’t have been the cause of the fall. If there was something there, we have no idea how long it had been there. For all we

16 know, the customer in front of Ms. Compton may have dropped it, and we would never have had time to pick it up. No one reported seeing anything in the aisle, so we had no way of knowing that something was there that could cause a fall. Besides, she was in a hurry; she might have tripped over her own feet just as easily. Therefore, I should not be held liable for any injuries that Ms. Compton suffered. She should slow down while she’s in the store.

CASE #7: Don’t Hit my Horse!

The Plaintiff, Ms. White, is suing Defendant, Mr. Jackson, for damages for assault and battery after Mr. Jackson hit her horse.

Plaintiff: Ms. White My friend, Susan, and I were riding our horses along a Route 109, which we have been doing for years. Well, on this particular day, as we rode past Mr. Jackson’s house, he came running at us yelling for us to get off his land. I told him that we were on a public road and had every right to be there. Well, he got very irate and we argued. Anyway, he got so angry that he hit my horse in the jaw, which caused me to lose control of the horse. As we rode away, Mr. Jackson threw rocks at my horse and I. I wasn’t hurt, but my horse was very distraught. I want Mr. Jackson to pay for all the damage that he has caused us!

Defendant: Mr. Jackson What Ms. White forgot to tell you is that she and her horse always seem to trample all over my land when they ride by my house! They’ve been doing it for years, and I’ve had it! I was just yelling at her to tell her to stay off my land. I lost my tempter, and I am sorry that I hit her horse. However, I did nothing to Ms. White; she wasn’t hurt, and so I owe her nothing!

CASE #8: Rowing Machine Mayhem

The Plaintiff, Mr. Lansing, is suing Defendant, Mr. Nowell, for injuries suffered due to negligent maintenance of the gym’s equipment.

Plaintiff: Mr. Lansing I signed up with Mr. Nowell’s health club about a year ago. One day, while I was using the rowing machine, the cord snapped and the handle smashed into my mouth. I found out it was because a part was missing from the machine. I’ve had several surgeries because of my injuries, but still have a lot of pain in my mouth. If the health club had inspected the machine, they would have noticed the part missing. It is their fault, and now they owe me money for all the doctor’s visits and surgeries I have had.

17 Defendant: Mr. Nowell Look, Mr. Lansing signed our “Retail Installment Contract” that clearly states that our club will not be held responsible for any or all claims that our patrons may have. He is now saying that we were negligent because we didn’t notice a missing part on the rowing machine. Even if this is true, negligence is clearly covered by “any and all claims.” Mr. Nowell agreed not to hold us responsible, and so we owe Mr. Nowell nothing.

CASE #9: When Settlements Aren’t Enough

The Plaintiff, Ms. Fuller, is suing Defendant, Mr. Burba, for damages for injuries suffered in a car accident.

Plaintiff: Ms. Fuller I was sitting in my parked car, waiting for my boyfriend to come out of the store, when one of Mr. Burba’s cabs ran smack into me. We signed a settlement, and they paid me for the damages to the car. Since then, I have realized that I will suffer from back problems for the rest of my life. I should be compensated for that as well, and Mr. Burba should pay me!

Defendant: Mr. Burba I am truly sorry that Ms. Fuller suffered injury, but she should have mentioned this before she signed the settlement agreement. She met with our lawyer who offered her a settlement of damages to the car. The lawyer asked Ms. Fuller if she was injured. She said she felt stiff and shaken, but she told the lawyer she was not going to see a doctor about the injuries. The lawyer told her that by signing the settlement agreement, she was no longer able to sue our company for any future injuries or claims. So, we owe her no money.

CASE #10: Elevator Anxiety

The Plaintiff, Mrs. Tanner, is suing Defendant, Mr. Downs, for damages due to mental distress after she was stuck in a negligently maintained elevator.

Plaintiff: Mrs. Tanner I work in Mr. Downs’ building. One day, when I took the elevator up to another floor, the elevator stalled. I was stuck in there for over an hour before anyone could get me out. I tried not to panic, but the entire experience just overwhelmed me. I couldn’t work for the rest of the day. The next day, when I was on the elevator, I collapsed. At the hospital, they said I was suffering from anxiety and gave me something to calm down. I haven’t been able to sleep or go on an elevator since then. All this happened because Mr. Downs did not maintain the elevator properly. I want Mr. Downs to pay for all the anguish that I have suffered!

18 Defendant: Mr. Downs I am sorry that the experience was not a happy one, but it is not my fault. I am not responsible for the elevator and what happens to it. Besides, she didn’t suffer any physical injury. I’m sure that she is just over excitable; her reaction certainly seems to be extreme. Give it a few more days, and she will be just fine. I shouldn’t have to pay her a dime.

CASE #11: Diaper Dash

The Plaintiff, Ms. Bradley, is suing Defendant, Mr. Copeland, for false imprisonment after she allegedly stole diapers from the store in which she was employed.

Plaintiff: Ms. Bradley I have worked at Mr. Copeland’s store for over a year and obviously was aware of store policies. One day, the store had a special on diapers. Well, I thought I should pick some up for my sister, who recently had a baby, since they were so cheap. Because the lines were so long, I decided to wait until it was less busy to purchase my items, so I put them behind the manager’s counter until I had a chance. The manager on duty knew what I was doing and when I had the chance, the manager was there to supervise the purchase. Just before I left for the day, another employee told me that I had to go up to the Mr. Copeland’s office. He made me stay there for over 3 hours and kept accusing me of stealing two packages of diapers. Well, I had no idea what he was talking about and offered to pay for the items, but he refused. He fired me, then called the police and had me taken away in front of the whole store. It was really humiliating, and the charges were eventually dropped. I am extremely upset, and I think he should have to compensate me for the three hours and for the embarrassment!

Defendant: Mr. Copeland I witnessed the purchase from above the store and saw that two of the items were not rung up! She was lying; I just know it. And she wouldn’t admit. Well, that really aggravated me. I kept asking her about it, but she wouldn’t admit it. I’m responsible for the store, and I have the right to protect the property within the store. So, yes, I did call the police, but only because she was violating the law! I owe her nothing!

CASE #12: Father’s Fire

The Plaintiff, Ms. Holloway, is suing Defendant, Mr. Holloway, who is also her father, for injuries she suffered while under his care.

Plaintiff: Ms. Holloway My parents are divorced, and I usually live with my mother. While I was visiting my father, my brother and I were playing outside. Everything was going fine, until the gas tank and stove exploded. I suffered serious injury because of it. I will never look the same as I did. My father was obviously at fault here because he should have known

19 that the tank and stove needed to be fixed. He should pay for my hospital bills, but he won’t.

Defendant: Mr. Holloway This is ridiculous! Charlotte is my daughter. A daughter can’t sue her own father for something that he obviously could not have prevented. She shouldn’t be able to sue her father at all. Isn’t this country supposed to protect family unity and harmony? I am really sorry that Charlotte was hurt, but I don’t think that my own daughter should sue me for money!

CASE #13: Spousal Shooting

The Plaintiff, Mrs. Handler, is suing Defendant, Mr. Handler, for injuries she suffered from a gunshot wound he inflicted while they were married.

Plaintiff: Mrs. Handler My husband and I have not been doing well these past few months. I moved out of the house about two months ago. Well, my husband has not been taking this separation very well. Anyway, when I came home one night from work, my husband was standing outside. I told him that I didn’t want to talk then, but he insisted. As I walked into the house, he tried to come in. I tried to get past him, but there was a gunshot and that’s all I remember. He obviously was trying to hurt me. Now, I think he should pay for the damage he caused!

Defendant: Mr. Handler I didn’t mean to hurt my wife. It was an accident. I love her, and I want nothing more than to be back with my wife. Why would I want to hurt her? She lives in a wooded area and I always carry my rifle with me for protection; it must have gone off when I was trying to speak to her. It was never my intention to hurt her. Even so, we are still married, and a wife cannot sue her own husband!

CASE #14: Shoplifting Settlement

The Plaintiff, Miss Hauck, is suing Defendant, Mr. Everett, for damages resulting from an assault and battery after she was accused of shoplifting.

Plaintiff: Miss Hauck When I was in Mr. Hauck’s store, he thought that he saw me shoplifting a candy bar. So, he and his security men took me back to their office and questioned me until my mom and dad got there. While I was there, they weren’t very nice to me and, in fact, they hurt me pretty badly. But, my mom and dad decided to sign a contract saying that I can’t sue Mr. Everett. In exchange, Mr. Everett couldn’t arrest me or press charges against me. My mom made me sign it too, but I was hurt and I feel that he should pay me for those injuries.

20

Defendant: Mr. Everett Look, nothing happened when we detained Miss Hauck. We just don’t want kids coming in and stealing our merchandise. It is standard policy. We didn’t really hurt her; we just asked her questions. We didn’t want to press charges on her, especially after talking to her parents. Besides, she signed this contract, not just her parents. She knew what she was getting into and now she is breaking that agreement. We shouldn’t even be here!

CASE #15: Hot off the Presses

The Plaintiff, Ms. Carson, is suing Defendant, Mr. Daly, for damages for injuries sustained due to his negligence after the newspaper printed her personal information while her attacker was at large.

Plaintiff: Ms. Carson One night, as I was walking to my car after a night at the Disco, and a man pulled up next to me in his car, pulled out a shotgun, and told me to get in the car or he would kill me. I got in, but as we were turning the corner, I was able to jump from the car. I ran to the police station and filled out a report. Well, the police knew that my attacker had not been caught, and they gave my information, including my name and address, to Mr. Daly’s paper. Mr. Daly, who also knew that my attacker was still at large, printed all my information in the paper. As a result of this negligence, my assailant now knew where to find me. He used that information to drive by or sit in front of my house and to call me. Finally, the police caught him but not before I suffered extreme emotional distress. Mr. Daly is responsible for this and I think I should be compensated!

Defendant: Mr. Daly I am truly sorry that this lunatic stalked Ms. Carson. But, I do not owe her anything. Her police report is part of the public records and was a matter of public concern. Therefore, my newspaper had a right to print it. We did nothing illegal, and so she should not be able to sue my newspaper for this. If she wants to sue someone, why doesn’t she go after her assailant?

CASE #16: What’s in a Name?

The Plaintiff, Mr. Lewinski, is suing Defendant, Mr. Fleiss, for invasion of privacy after Mr. Fleiss used Mr. Lewinski’s name in a research grant proposal.

Plaintiff: Mr. Lewinski I have worked for Mr. Fleiss and his University for several years now doing research that has proved to be very valuable. We have constantly tried to maintain grants so that the research could go on. Well, without my permission, Mr. Fleiss used my name as a principal researcher on a grant application. After the grant was approved, Mr. Fleiss

21 decided he was not going to use me as a researcher on the project. I believe he got approval for the grant because my name was on it. Therefore, he should pay me a proper amount for using my name to gain funds.

Defendant: Mr. Fleiss We are always applying for grants. It is an extremely common practice. Every year, Mr. Lewinski signs an agreement saying that he is required to collaborate on research projects that are granted to the University. That means he may or may not be assigned to one, but he is required to research when assigned; it’s just a part of his job. Therefore, the fact that we used his name did not actually advantage us in anyway because he could just as easily have been assigned this project. He’s obviously not too upset because he is still working for us now. We don’t owe him a dime.

CASE #17: Public Pregnancy

The Plaintiff, Mrs. Price, is suing Defendant, Mr. Waters, for damages for invasion of privacy after she appeared on the news for having in vitro fertilization.

Plaintiff: Mrs. Price I was a part of an in vitro fertilization program at Memorial Hospital. Because it was such a new and upcoming program, when the five-year anniversary hit, they had a party. They invited my husband and me; I was pregnant with triplets at the time. I specifically asked if there was going to be TV crews there because my husband and I are a part of a religious group that would not approve of our using in vitro fertilization. They feel that children should only be conceived naturally and not by artificial means. Well, Mr. Waters assured us there weren’t going to be TV crews there, but there were. We refused to give an interview, and tried to avoid being filmed. But, there we were, on the 6:00 evening news the next night! We were shunned from our church, and many of our family and friends won’t even talk to us! Mr. Waters should have told us about the TV crews; he owes us for the pain he has caused!

Defendant: Mr. Waters Look, I am sorry that I didn’t understand the full effect of what would happen to the Prices. I really am! But, this is an important public interest with respect to in vitro fertilization and the public has a right to be informed about the procedure! Because of such an important public concern, I do not owe the Prices anything. They never would have had children if it weren’t for this procedure; they should be thanking me for having such a great program at our hospital!

CASE #18: Bad Dog

The Plaintiff, Mr. Walker, is suing the Defendant, Mr. Akita, for damages after Mr. Akita’s dog bit Mr. Walker.

22 Plaintiff: Mr. Walker I was walking past Mr. Akita’s house when I say a large dog running toward me. I tried to run away, but the dog caught me and bit my leg. The dog belongs to Mr. Akita, and so he should have to pay for my injuries. He should have known the dog was dangerous, and he never should have let it get loose. It’s his fault I got hurt, and he should have to pay me for it.

Defendant: Mr. Akita The dog doesn’t actually belong to me. It belongs to my friend; I was just watching it for him while he was away for the past few months. And the dog wasn’t loose; I had it chained up but it broke the chain. As far as I know, the dog has never done anything like this before. Most people can walk up and pet him without a problem. Every now and then a stranger will scare him, but all he usually does is bark. I didn’t know the dog would do something like this, so I shouldn’t have to pay for Mr. Walker’s injuries.

CASE #19: Employer’s Responsibilities

The Plaintiff, Mr. Roadster, is suing the Defendant, Mr. Carrier, after one of the Defendant’s trucks hit the Plaintiff’s car.

Plaintiff: Mr. Roadster I was driving to work when a big tractor trailer hit me. I was injured in the accident, but Mr. Carrier refuses to pay for my injuries because he says it wasn’t his truck. The truck that hit me had Mr. Carrier’s name and logo on it, and the driver said he was on his way to pick up a load for Mr. Carrier. The truck was also registered with the Department of Transportation under Mr. Carrier’s name. Therefore, I think Mr. Carrier should have to pay for my injuries.

Defendant: Mr. Carrier It’s not my truck, and the truck driver doesn’t actually work for me. He works for another company that I hired to make deliveries just for me. He didn’t actually have any of my cargo with him, and so he wasn’t working for me at the time he hit Mr. Roadster. Therefore, I am not responsible for the accident. The driver is responsible, and so Mr. Roadster should sue him, not me.

CASE #20: A Minor Case of Drunk Driving

The Plaintiffs, Mr. and Mrs. Andre are suing the Defendants, Mr. and Mrs. Reck, for wrongful death after the Defendants provided alcohol to the driver of the car that hit the Plaintiff’s daughter, killing her.

Plaintiffs: Mr. and Mrs. Andre Our daughter, Katie, was at a party at the Recks’ home. Mr. and Mrs. Reck gave the kids alcohol, despite the fact that no one was over 21. Katie left the party with some

23 friends, who stopped alongside the road not too far from the Recks’ home to wait for another group. The other group of kids, who had also been drinking, left the Recks home and hit the car Katie was riding in. She and another girl were killed. The driver of the car was a teenager, and he was clearly intoxicated. The Recks should have realized the danger of giving alcohol to teenagers then letting them drive away! It’s the Recks’ fault that our daughter was killed; if they had not provided alcohol and then let the kids leave, Katie would still be alive. We think they should pay for all the pain they have put us through.

Defendants: Mr. and Mrs. Reck We’re sorry about what happened to Katie, but it isn’t our fault. We were just hosts of the party; once the kids left, we aren’t responsible for what happened to them. Besides, the law says that we can’t sell alcohol to minors, but it doesn’t say anything about giving it to them. Therefore, we haven’t done anything wrong. Even if we did, the kids were all in high school; they are old enough to make decisions for themselves. They chose to drink and drive. We didn’t force them to do it, and we aren’t the ones who hit Katie. We don’t think Mr. and Mrs. Andre should be able to sue us for this; they should sue the driver of the car that hit Katie instead.

CASE #21: Who to Sue

The Plaintiff, Mr. Cop, is suing the Defendants, Mr. and Mrs. Kin, after their adult son hit Mr. Cop’s police car.

Plaintiff: Mr. Cop I’m a police officer. I was on the side of the road looking for speeders, when out of nowhere, some kid runs into my police car with his truck. I was knocked out and woke up in the hospital. I have some permanent injuries including hearing loss and severe headaches. I found out that the kid that hit me was the son of Mr. and Mrs. Kin. He had been drinking and doing drugs, and he was driving his parents’ truck at the time. I think that his parents should have been watching him; if they had been supervising him, maybe this wouldn’t have happened! He was their son, and it was their truck that hit me, so I think they should have to pay for my injuries.

Defendants: Mr. Kin My son, Jerry, is responsible for what happened to Mr. Cop, not me. He’s 18 now, and he needs to learn how to be responsible. My wife and I were asleep when Jerry “borrowed” our truck; we certainly didn’t give him permission to take it. We knew he had problems with alcohol and drugs in the past, but as I said, we were asleep and didn’t know he had been using them that night. In any case, he is legally an adult now, and so we shouldn’t be responsible for his actions.

24 CASE #22: Are Threats Enough?

The Plaintiff, Billy Capone, is suing his high school, Solo Public High School, after he was suspended for making threats to other students.

Plaintiff: Billy Capone I was at home instant messaging with a friend, and we started talking about all the people we don’t like at school. We were joking around, and I made a comment that we should just kill them all. I was just joking though; I would never really do something like that! My friend laughed when she saw the message, and we kept talking for a little while longer. Later, I found out that my friend had shared our conversation with some of her friends, and one of them told the school. The school suspended me for a year for “making threats” and “creating a substantial disruption within the school.” We were just kidding around, and I never thought anyone else would find out about our conversation. Even if someone did, don’t I have the right to say whatever I want? I understand that schools need to be safe, but a year’s suspension seems excessive for having a conversation with a friend online outside of school. I have the right to an education, and suspending me for a year will mean I don’t get the education I need. I think the school should let me come back.

Defendant: Solo Public High School We have to take all threats against our students’ safety seriously, especially after students at other schools have followed through with threats of violence. And Billy’s comment indicated that he wanted to bring a gun to school to shoot other students. Billy may have thought this was an innocent comment, but since then, we’ve had parents calling non-stop to make sure their children aren’t at risk. Several parents have threatened to remove their children from the school entirely unless Billy is gone, which means that these children won’t get the education they deserve. We’ve also had to upgrade our security, and teachers now have to use what little preparation time they have to patrol hallways and parking lots, which means that they have even less time to provide a quality education to the other students. The kids are all afraid of Billy now, and many of them can’t focus with him around. Don’t these students have the right to feel safe? Billy may have the right of free speech, but he threatened specific individuals and threats aren’t protected. He may also have the right to an education, but he will just have to get his education somewhere else. He should not be allowed back in this school.

CASE # 23: To Ski or Not to Ski

The Plaintiff, Miss Vane, is suing the Defendant, Ranch Ski Resort, for damages after she was injured while skiing.

Plaintiff: Miss Vane Some of my friends and I went skiing at Ranch Ski Resort. I’m 16, and I’ve been skiing a few times there. I went down a hill marked for intermediate skiers, and I hit a bump. I

25 flew through the air and was knocked unconscious. The ski resort should have cleared those bumps away! Now I have brain damage, and I think the ski resort should pay me for my injuries. When I grow up, I won’t be able to have a high paying job because of my injuries, and I think the ski resort should pay for that too.

Defendant: Ranch Ski Resort We’re very sorry about what happened to Miss Vane, but everyone knows that skiing can be dangerous. Bumps in the snow are just a part of the sport, and skiers know that they have to watch out for them. We didn’t put the bump there, and we didn’t know about it until after her accident. She chose to go down that hill, and she should have realized that she needed to be careful. We shouldn’t have to pay her anything; it was her own carelessness that got her injured.

CASE #24: Fantasies Come True

The Plaintiff, Player’s Association, is suing the Defendant, Baseball Dreams, for misappropriation of names after the Defendant used professional player’s names to create an online fantasy baseball league.

Plaintiff: Player’s Association We represent professional baseball players. We have the right to use the baseball players’ names and statistics to help us sell tickets to their games. No one else has a right to do this; just us. Despite this, Baseball Dreams has used the players to help create a fantasy baseball league online. They used the real players’ names and statistics to help them make money. They don’t have a right to do this! We don’t think they should be allowed to use the players’ information for their own gain, and we want them to stop.

Defendant: Baseball Dreams Everyone can use the players’ names and statistics; that’s part of our right to free speech. Besides, the information is all common knowledge; all you have to do is turn on the TV and watch the games. The statistics are available for free online, so it’s not as though we’ve stolen anything. We only used the players’ names to create a fantasy baseball league; people pay us to “draft” teams online. Their teams compete against other people’s teams. We’re really helping the players; people who participate in our fantasy baseball league are more likely to watch the real games and buy other baseball merchandise. We don’t think we’re doing anything wrong, and we should be able to run our league using the players’ names.

26 CONTRACTS

CASE #25: Leaky Pool

The Plaintiff, Mr. Preston, is suing Defendant, Mrs. O’Donnell, to recover money the defendant agreed to pay in exchange for the plaintiff building a pool.

Plaintiff: Mr. Preston I had a contract with Mrs. O’Donnell to build her a pool. Well, I did just that and she has been using the pool for the past two years. Yet, she is refusing to pay me the rest of the money that she owes me. I want her to pay me!

Defendant: Mrs. O’Donnell Oh, we had a contract all right. But the pool leaks and Mr. Preston refuses to fix it. He knew it would leak when he was in the process of building it, but he decided that the drains that would prevent the leaks weren’t necessary. Well, he was wrong. We cannot use the pool anymore because of Mr. Preston’s decision. We’ve had trouble from the beginning with the leaks, and I don’t owe him a dime until he fixes the pool!

CASE #26: A Gambler’s Woes

The Plaintiff, Mr. Calvin, is suing Defendant, Mr. Casino, for breach of contract after the defendant refused to allow him to gamble at the defendant’s casino.

Plaintiff: Mr. Calvin I saw an advertisement for the Jackpot Casino that said I should come and play black jack at their establishment. So, I took them up on their offer. I thought this was a binding contract; they offered to let me play and I accepted by coming to play. But, before I could place a bet, an employee came up to me and told me that I was suspected of “counting cards” and was prohibited from playing black jack. He went on to say that I could play any other game that they had. I did not want to play another game, and they had a contract with me. They breached their contract and I want money for compensation!

Defendant: Mr. Casino As the owner of Jackpot Casino, I did not “offer” anything to Mr. Calvin. I simply placed an advertisement in the local paper inviting members of the public to come and play black jack at my casino. There was no contract, and I have every right to take someone away from the table who is suspected of cheating. I don’t owe Mr. Calvin a thing!

27 CASE #27: Competing with the Clinic

The Plaintiff, Dr. Rose, is suing Defendant, Dr. Lilac, for breach of contract based on a non-competition clause in an employment contract.

Plaintiff: Dr. Rose Dr. Lilac was employed by Happy Animals Veterinary Clinic a few years ago. When she first came to us, she signed an agreement that included a non-competition agreement. That agreement said she could not work at another clinic within a 35 mile radius for four years after terminating employment at our clinic. We altered the contract after a year, but didn’t change the non-competition agreement. Two years after she started working for us, Dr. Lilac left our clinic and began working at a clinic across town, well within the 35-mile radius. She breached the contract and now she owes us money!

Defendant: Dr. Lilac My first contract was only for one year. Before it ended, we talked about changing some of the terms; we modified some of the benefits and I got a raise. We didn’t talk about the non-competition agreement. My new contract took the place of the first contract, and so I couldn’t have breached it because it did not contain a non-competition agreement.

CASE #28: A Horse is a Horse

The Plaintiff, Mrs. Rider, is suing the Defendant, Mrs. Mane, for her injuries after Mrs. Rider fell from a horse owned by Mrs. Mane.

Plaintiff: Mrs. Rider I took riding lessons from Mrs. Mane. During one these lessons, Mrs. Rider told me to tap my horse, Whinny, with my riding crop. When I did, the horse jolted and threw me off. I hurt my back, and it’s all Mrs. Mane’s fault! She knew I wasn’t a very good rider, and she should have given me a horse that wouldn’t startle so easily. I signed a form saying that I wouldn’t sue if I got hurt, but I thought that meant that I wouldn’t sue if it was my fault when I got hurt. Unfortunately, when I tried to bring this case to court the first time, the judge said I couldn’t because of the form I signed. I think the judge was wrong to say that, and Mrs. Mane should have to pay for my injuries.

Defendant: Mrs. Mane It’s not my fault Mrs. Mane got hurt. I rode the horse she was on when I bought it, and I’ve given lessons with Whinny many times before. Whinny’s never acted like that before, and Mrs. Rider was good enough to ride the horse. Besides, before any of my students are allowed to ride my horses, they sign a waiver, which is a form saying that I cannot be held responsible for any injuries they have. The form says, “any and all claims,” which includes this one. Riding horses can be dangerous, and if I have to pay for every injury that happens, I won’t be able to keep up my stable! Mrs. Rider signed

28 the form, and so she can’t sue me; the judge even said so. I’m sorry for what happened to Mrs. Rider, but I can’t be responsible for it.

CASE #29: Student Loans

The Plaintiff, Mr. Student, is suing the Defendant, Government Loans, to stop making payments on his previously borrowed student loans.

Plaintiff: Mr. Student I’ve been in school for a long time, and finally graduated with my Masters Degree. I borrowed a lot of money to get this degree, and I’m having a hard time paying the money back. After college, I had some health issues, and now I can’t see very well. It’s also hard for me to write or walk too far. My doctor says that I can’t have the career I studied for because of my health problems. I have a lot of medical bills to pay, and my current job doesn’t pay enough for me to pay back all the money I borrowed for my education. If I pay all my medical bills and my student loans, I won’t have any money left over for food or rent! I know I signed a contract agreeing to pay back the money, but I didn’t expect my circumstances to change so drastically. I want Government Loans to let me stop making my payments.

Defendant: Government Loans We’re sorry for what happened to Mr. Student, but it’s not our fault either. He borrowed money from us to get his degree, which he got. His contract says he’ll pay the money back, and so he should. If he cuts back on his spending a little, he could pay us the money he owes. It might take longer for him to pay it off, but he could still do it. We think Mr. Student should have to pay the money he owes us.

CASE #30: High School Competitions

The Plaintiff, Miss Waters, is suing the Defendant, Mr. Land, for an injunction that will allow her to swim on both her high school team and her private team.

Plaintiff: Miss Waters I’ve been swimming on a private team, the Jets, since I was 3. I’m hoping to swim in the Olympics one day, and my coach thinks I can do it. Right now, I’m in high school, and I want to compete on my high school’s team, the Sharks. Mr. Land is the head of the Activities Board, which has a rule that says if I compete for the Sharks, I can’t practice or compete with the Jets. They even make students sign a contract that says this. I don’t understand why I can’t do both. I get good grades in school, and the teams don’t compete against each other. If I want to be in the Olympics, I need to swim as much as possible. I think Mr. Land should let me swim on both teams.

29 Defendant: Mr. Land Our organization is responsible for developing eligibility standards for all the schools in the state. Getting to compete in high school sports is a privilege, not a right, and every student has to have the same eligibility requirements. This rule is there to prevent non- school coaches and programs, like the Jets, from interfering too much with academics and school athletics¸ like the Sharks. We don’t think it will be good for Miss Waters if her coaches instruct her to do different things, and we’re afraid that they won’t work with each others’ schedules. This means that Miss Waters could easily get overwhelmed, and would probably have to quit swimming for one of the teams anyway. Also, we don’t want students to become so wrapped up sports that they forget about their education. Furthermore, we’re a voluntary organization, and so we can make the rules as we see fit. If Miss Waters wants to swim for the Sharks, she has to abide by our rules.

30 PROPERTY

CASE #31: Where There’s a Will, There’s a Way

The Plaintiff, Mrs. Williamson, is suing Defendant, Mrs. Sandal, for the money she is owed on her husband’s estate after her husband passed away without re-examining his will.

Plaintiff: Mrs. Williamson I was legally married to my husband, Sam Williamson, at the time of his death. Yet, when he made his will out ten years ago, we were not married, only friends. At that time, he left me only $40,000 and a car, not thinking that we would be married years from then. Now, his estate is worth over a million dollars. I feel that I am entitled to more than what the current will allows. He obviously did not think about his untimely death, or he would have changed his will! I feel that I am his true heir and deserve to inherit more of his estate.

Defendant: Mrs. Sandal Look, if my brother wanted his wife to obtain more of his estate upon his death, he would have provided for her in his will. He did leave her something in his will, so he was obviously thinking about her. She was only married to my brother for a few months before his death anyway. She is getting what is rightfully hers, and should get no more than that.

CASE #32: License to Wed

The Plaintiff, Ms. Dillon, is suing Defendant, Mr. O’Brian, to recover money she is owed on her “husband’s” estate after her “husband” died before they obtained a marriage license.

Plaintiff: Ms. Dillon Chris and I were married right before his death. We lived together for eleven years before he became gravely ill and we talked often about marriage. When he was in the hospital on his deathbed, he wanted us to be married, so that he wouldn’t die alone. It was a state holiday, and we were unable to obtain a license. But, we had the hospital chaplain perform the ceremony in hopes that we could get the license the next day. Unfortunately, Chris died that night. Even so, we were married; I am his rightful heir, so I deserve his estate.

Defendant: Mr. O’Brian While I know that Jennifer and Chris were very much in love, they were never married. Sure, they lived together for many years, but this state does not recognize common law marriage. They have to go through all the legal requirements before they can be legally married here. They never got the license and so they were never married! Therefore, I’m Chris’s nearest relative, and I should receive his estate.

31

CASE #33: Share the Wealth

The Plaintiff, Mrs. Neiman, is suing Defendant, Mr. Mauer, to have their mother’s will declared invalid after she developed Alzheimer’s disease.

Plaintiff: Mrs. Neiman Before my mother went into the retirement home, her will gave half of her estate to me and half of her estate to my brother, Jim. My brother and I have not had a good relationship for a while now; we visited my mother on different days, but we both took care of her. While my mother was there, she was diagnosed with Alzheimer’s disease. The doctors characterized it as stage 2 or 3, which means that my mother often forgot things and got easily confused. About a year after she was put in the retirement home, my brother took her out without my knowledge and without telling the home her new address. Every time I tried to call my brother, he would hang up on me. He only called after my mother passed away. Now, mysteriously, my mother’s will gives 95% of her estate to Jim and 5% to me. Jim obviously put her up to it while she was not of sound mind. It should be invalid and I should get half, like I was supposed to. After all, that’s how my mother really would have wanted it.

Defendant: Mr. Mauer My sister has no idea what she is talking about. Yes, the will was changed after she was in my care and out of the retirement home. But, my mother knew what she was doing and thought that Karen was causing trouble with our family at the time. Besides, if Karen really wanted to see my mother she could have come to my home and visited. I am entitled to what is in the will; my mother wanted it that way or she would not have changed it.

CASE #34: Fenced In

The Plaintiff, Mr. Huitt, is suing Defendant, Mr. Lewis, for alleged money owed for installment of a new fence on the border between their properties.

Plaintiff: Mr. Huitt I have lived on my land for over 30 years now, and Mr. Lewis is my neighbor. Before he moved in, the previous owner and I used to keep up the fence that separates our land. We shared all the expenses. Now, this fence has been there since before I moved in. One day, I contacted Mr. Lewis about building a new fence. He said he would have to look at it, but he never did. So, I had the fence built. He is being benefitted by having the fence there, so I think he owes me half the bill.

Defendant: Mr. Lewis I am not going to pay Mr. Huitt a dime. I never did get the chance to check out the fence because I didn’t have time. Mr. Huitt didn’t tell me he was going to go ahead and

32 build the fence. If I had looked at the fence, I might not have thought it needed to be replaced. Besides, I’ve only lived on my property for less than 2 years, and the old fence had been there for over 30! Is it really fair for me to have to replace a fence that I haven’t really used? I don’t think I should have to pay my neighbor a penny.

CASE # 35: The Engagement Ring

The Plaintiff, Mr. Coldfoot, is suing the Defendant, Miss Tieknot, to recover an engagement ring after he called the wedding off.

Plaintiff: Mr. Coldfoot Miss Tieknot and I have been dating for five months, and I thought we were ready to get married. Two days before Christmas, I proposed to Miss Tieknot. She said yes, and I gave her a diamond engagement ring. Since then, things have been tense between us, and my family doesn’t like her. I decided I didn’t want to get married anymore. I broke up with Miss Tieknot, but when I asked for the engagement ring back, she wouldn’t give it to me. It was a very expensive ring, and I gave it to her on the condition that we get married. Since we’re not getting married anymore, I want to return the ring or sell it, and I think she should have to give it back to me.

Defendant: Miss Tieknot Mr. Coldfoot gave me the ring for Christmas; I didn’t realize that we had to get married for me to keep it. Even if we do have to get married, I’m not the one who called the wedding off. He promised to marry me; I shouldn’t have to give the ring back just because he changed his mind! I didn’t do anything wrong, and so I should at least get to keep the ring.

33 FAMILY

CASE #36: Married in Mexico

The Plaintiff, Mrs. Osgood, is suing Defendant, Mr. Osgood, for dissolution of marriage and appropriate property distribution after the two were married in Mexico.

Plaintiff: Mrs. Osgood My husband and I fell in love several years ago. We were both previously married with children. We decided to get married in Mexico. We said our vows in front of some kind of official. There were a few witnesses present, and we signed a certificate. Now he is claiming that we were never married just so that he can take more than his share of our property. I don’t know what my husband is thinking. When we got back, we told everyone about the wedding. All our family and friends considered us married, and so did we. Now we’re getting divorced, and I think our property should be appropriately distributed.

Defendant: Mr. Osgood Our marriage was no marriage. My wife says we were married in Mexico, but we weren’t legally married there. We didn’t follow the exact requirements of Mexican law, so our marriage wasn’t legally binding in Mexico. If it isn’t legal there, then our marriage shouldn’t be legal in Missouri either. If we weren’t married, then there is no marital property to split up. She doesn’t deserve a penny!

CASE #37: My Wife’s a Lesbian

The Plaintiff, Mrs. Post, is suing Defendant, Mr. Post, for having a custody award declared invalid after the court determined that she was an unfit parent because of her sexuality.

Plaintiff: Mrs. Post My husband and I were divorced about two years ago. During the trial it came out that I was a lesbian, and the first court said that I was unfit to be a proper parent because of my homosexuality. Now, I love my children, and there is nothing more that I want than to be with them as much as possible. I’m still a good parent; my sexuality has nothing to do with my ability to care for my children. Isn’t our society changing at all?

Defendant: Mr. Post It has been well established that a fit parent is one with the proper morals. Obviously, the court felt that my ex-wife’s homosexuality meant that she had poor values. This would have a negative effect on the children, so the court gave me full custody. Besides, I have a better job, and I have relatives nearby that can help to raise them. I agree with the court. Mrs. Post’s visitation should be limited and I should retain full custody of the children!

34

CASE #38: Grandparents’ Rights

The Plaintiff, Mrs. Grand, is suing the Defendant, Mrs. Pare, for visitation rights with her grandson after the defendant divorced the plaintiff’s son.

Plaintiff: Mrs. Grand Mrs. Pare married my son, and they had Adam, my grandson, while they were married. I used to take care of him four days a week while they were at work. They got a divorce, and now Mrs. Pare won’t let me see my grandson. She won’t let me visit Adam or talk to him on the phone. She even told Adam’s school not to let me see him! I have the right to see my grandson, and I want Mrs. Pare to let me visit Adam.

Defendant: Mrs. Pare The court awarded me full custody of Adam in the divorce. My ex-husband and I don’t get along very well, and I’m afraid that Mrs. Grand will say mean things about me if I let her visit Adam. Furthermore, my ex-husband is behind on paying child support; until he pays me the money he owes me, I’m not going to let his mother see Adam. Also, I’m Adam’s mother, and so I have a right to say who seems him and who doesn’t. I don’t think it will be good for Adam to see Mrs. Grand, and I don’t see what right the court has to tell me differently.

CASE #39: Family Trauma

The Plaintiff, Mr. Dad, is suing the Defendant, Ms. Heart, to regain custody of his son after suffering an accident resulting in severe brain damage.

Plaintiff: Mr. Dad Two years ago, I fell off a ladder at work and was brain damaged. I was in the hospital for a few months, and went through rehabilitation. After the accident, Ms. Heart, a representative of the state, took my son away, saying that I couldn’t take care of him. I want my son back! My doctor says that I am healthy enough to care for him, as long as I have help. My sister is willing to help me, and most children are raised with the help of extended family, like grandparents or aunts and uncles. I even took parenting classes after my accident to help me get him back. I have a right to raise my child, and I want the state to give him back.

Defendant: Ms. Heart Mr. Dad can’t take care of his son anymore. He lives with his sister because he cannot live on his own. He can’t go back to work, and is only responsible for household chores because he cannot handle any additional work. His IQ has dropped sufficiently as a result of his accident, and so he is simply unable to care for his child at this point. It would be better for the child to have his foster parents adopt him, and Mr. Dad can visit him. This way, the child has a stable home and will receive the best care possible.

35