Final Research Project and Final Presentation Elements
Prepare the case brief, and the respective write up pertaining to your role (Lawyers for the Plaintiff Rambo). All written materials submitted in this class need to follow 7th Edition APA style. Times New Roman font, 12, Margins of 1 all around. The written portion of the project needs to be a minimum of 10 pages.
Grading for written portion and presentation would use below Rubric template and would be graded separately.
MOCK TRIAL FACTS – JET SKI ACCIDENT
This jet ski case is not based upon an actual incident, but is a composite of several cases.
Date of Accident: August 18, 2008
Place of Accident: Atlantic Ocean off Miami Beach, Florida
Time of accident: Jet ski left beach at approximately 1:00 pm
Lawyers for the Plaintiff Rambo
Description of Accident:
The father of Rick Rambo rented a jet ski for Rick. On the beach behind the Sandy Hotel on Miami Beach. Rick’s father paid for the jet ski rental and signed the rental agreement. Including a release of liability. No instruction was given to Rick by the jet ski renter. Because Rick told them he was experienced in jet ski operation. There was no communication radio and no rescue flares aboard the jet ski.
Rick took the jet ski through the surf until he was in ocean waves. After some wave jumping, the jet ski stopped and Rick could not get it started again. The jet ski floated north in the Gulf Stream current until Rick was rescued by a passing ship after 50 hours at sea. Rick had injuries from sunburn, jellyfish stings. Dehydration and emotional distress. He had been frightened by sharks which he saw in the water around him. (some of whom looked like his past law professor), had hallucinations during his ordeal. And gave up his plans to be a professional boat captain.
The Rambo family was staying at the Sandy Hotel as registered guests. The hotel featured photos of jet skiing on its website, on posters in the lobby and in the in-room activities book. Rick had convinced has family to find a hotel with jet skiing, so they booked through Hip Hop Travel Agency (HHTA), which recommended the Sandy Hotel for the Rambo family.
The jet skis were rented by an independent concession called Jet Skis R Us (JSRU), which was located on the beach owned by the Sandy Hotel. JSRU paid the hotel a rental fee for the beach concession, which included a percentage of the revenues from jet ski rentals. When asked about jet skiing, the hotel employees would direct hotel guests to JSRU. There were three prior incidents of JSRU jet ski renters who had to be rescued when their jet skis failed at sea.
Lawyers for the Plaintiff Rambo
Rick Rambo (through his father) has brought a law suit against:
- Jet Skis R Us for breach of contract in failing to provide a safe jet ski and negligence in maintenance of the jet ski. Inadequate advice for safe operation and failing to rescue a lost renter;
- Sandy Hotel for breach of contract which has an implied warranty of safekeeping for its guests. And for negligence in supervision of operation of the jet ski concession;
- Hip Hop Travel Agency for breach of contract and negligence in failing to adequately investigate the safety of the hotel and JSRU operations.
The student lawyers for the Plaintiff Rambo shall each argue all of the above issues.
Each lawyer will have a maximum 10 minutes for presentation, then cross-examination by the judge, jury and opposing lawyers after all arguments have been presented.
The lawyers may presume facts pertinent for their arguments, such as the actions taken (or not) by the hotel to supervise JSRU, actions taken by Hip Hop to investigate the hotel and JSRU, and the contracts between the hotel and JSRU and between the hotel and Hip Hop. The facts presented by the Plaintiffs and Defendants may vary, since in real courtrooms there are often inconsistent facts presented by witnesses and evidence.
You want to present facts, then argue the law as applied to those facts, to prove your case. Videos and visual objects may be used to help present arguments. Written case brief is required that would focus on either Plaintiff or Defendants side depending on which legal side you are assigned to represent.