Q1. If you were involved in a dispute, which ADR method would you prefer and why?
Q2. Do you think either mediation or arbitration would be appropriate in Mr. Drake's case? Why or why not?
Q3. Do you agree with the Supreme Court's decision in Wal-Mart? Is it fair that Wal-Mart will not have to answer to the thousands of women whose individual claims are too small to justify the costs of litigation? And if the individual women had been able to proceed with a lawsuit, does it promote the best use of judicial resources for Wal-Mart to have to defend 1.5 million lawsuits instead of just one large class action suit?
Q4. Assume Mary was injured in an automobile accident while vacationing in California. Joe was driving the car that hit her. Mary is a resident of Michigan. Joe is a resident of Florida. In which state(s) may Mary bring suit? Why?
Q5. Four Seasons Campground rents campground spaces in New Jersey, the state in which it is also incorporated. John Haas, a resident of Pennsylvania, learned about the campsite on its website, www.fourseasonscamping.comLinks to an external site., and decided he wanted to lease campground space for the next summer. Because the website did not allow for such seasonal purchases to be made online, Mr. Haas drove to New Jersey, where he signed a contract. Later that year, while he was at his leased campsite, a branch fell from a tree, striking Mr. Haas on his head and causing him to fall into a brick fireplace and then to the ground. When he sued the campground in Pennsylvania for the injuries he suffered, the defendant Campground filed a motion to have the case dismissed for lack of personal jurisdiction. How do you think the court ruled and why?
Q6. Does it seem fair to you that plaintiffs should be allowed to plead in the alternative? Why or why not?
Q7. In addition to the questions raised in the sample interrogatory, what other types of information do you think paralegal Kendall attempted to gather through the interrogatories?
Q8. If you were doing the discovery plan for Mr. Drake, what methods of discovery would you prefer? Why? Would your answer change if you were representing Mrs. Small? Why or why not?
Q9. Many people argue that life and lawsuits have become too complex for the average juror. Do you think there are certain types of lawsuits where the jury should be composed only of experts in that field? Should jury trials be eliminated entirely in some areas of the law?
Q10. Jury experts work under the theory that certain types of people will be likely to favor one side over the other. For example, in a medical malpractice case, one person may lean toward the doctor, while others will favor the patient. Can you think of any groups that you could characterize in this way? Do you think this is a valid approach to choosing a jury? Even if valid, should it be used?
Q11. Do you agree with the rule that only experts should be allowed to state their opinions? Why should it matter if a witness who saw Mrs. Small stumble just before she entered her car testifies that "Mrs. Small was drunker than a skunk"?
Q12. One of the all-time famous leading questions is "So, when did you stop beating your wife?" What is the problem with asking a witness this type of question during direct examination?