1 EMPIRE CITY INVITATIONAL DAVIS v. HAPPYLAND TOY COMPANY * Written by Erin Coltrera Washington & Lee University Revised by the AMTA Civil . Andy Davis, Joey’s parent, has sued HappyLand Toy Company for strict liability, claiming that the beads were defectively designed. HappyLand Toy Company. Case: Davis v. Happyland Toy Company (Stay tuned for try out details ).

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The duty is one of reasonableness, not perfection. Midlands has abandoned a pure contributory negligence regime in which any negligence by the plaintiff precluded liability v.happyoand either a negligence, negligence per se, or a strict liability theory in favor of a modified comparative fault regime in which the responsibility of all relevant parties is considered.

Upon a proper challenge by the defense lodged at the captains meeting, the EMTA representative may bar the plaintiff from using any photo that does not comply with this Special Instruction. If both teams wish to introduce the beads owned by Hillary Davis, the beads owned by Hillary Davis will be those of the team that calls Andy Davis as a witness.

If a team represents the box to be Hillary Davis s box of Princess Beads, the box must be open and entirely empty. This latter function is especially important because Midlands, unlike most jurisdictions, does not permit the plaintiff v.hwppyland call rebuttal witnesses or the defendant to alter its decision about which witnesses to call after hearing the plaintiff s evidence.

In a typical case problem, a dozen different potential witnesses will be characters in the story. The person in the photo must reasonably comport with the information provided about Joey Davis in the case materials, e.

Exhibit B to the Complaint 3. No witness may deny the authenticity of any materials provided in the case packet, but witnesses who are unfamiliar with particular materials may testify that they do not know. Roche A manufacturer, marketer, or commercial seller is under a duty to exercise reasonable care to ensure that a product does not present an unreasonable risk of harm to any person.


Because the person whose bad character is being introduced is not a party to the case and therefore not subject to criminal or civil penalties as a result of the trial, much of the justification behind Rule a does not apply to reverse character evidence.

Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized. Use of Exhibit For Plaintiff Joey Davis, in an amount appropriate to deter dangerous and unreasonable action by the industry; and e. Minnesota False Claims Act Minn.

The Revisions Dates do not indicate that, or when, a witness has revised his or her affidavit or report.

Mock Trial – MIT Mock Trial

If both teams wish to introduce the beads swallowed by Joey Davis, the beads swallowed by Joey Davis will be those of the plaintiff team. State of Midlands v. Defendant used significant quantities of 1,4-butanediol in copany manufacturing of Princess Companj. No attorney or witness may assert that a document with a signature block has not been signed by the individual who is purported to have signed – 1. Merrell Dow In assessing reliability under Davis v. A plaintiff may rely on one theory of breach or it may rely on more than one theory.

Davis V. HappyLand Toy Company – American Mock Trial Association – Google Books

Andy Davis, Joey’s parent, has sued HappyLand Toy Company for strict liability, claiming that the beads were defectively designed.

No attorney or witness may assert anything to the contrary, but witnesses who are unfamiliar with a particular document may testify that they do not know.

Defendant violated that duty by failing to exercise due care in the design, production, marketing, and sale of the Princess Beads. Puro Plaintiffs as well as caregivers, parents, guardians, and others who owe duties of care to the plaintiff, as well as agents of such persons have a duty to exercise due care with respect to their own safety or the safety of the person to whom they owe a duty. HappyLand admits only that 1,4-butanediol can, depending on many factors, metabolize into GHB under certain circumstances and otherwise denies the remaining allegations contained in paragraph 10 of the Complaint.


Bloss Whether a product is reasonably safe requires an assessment of its intended use and intended users. Coltrera also thank everyone who provided scientific and technical guidance: Fernando Whether a given precaution is required in order to constitute reasonable care involves comparing the burden of taking the precaution B against the probability that harm will occur absent the precaution P and the extent of nature and extent of foreseeable damage or injury if the harm materializes L.

Nothing in this case, however, prevents parties from offering traits or instances of character for other purposes, such as those listed in Rule b. As long as the proponent of the statement produces evidence that would permit a reasonable jury to find, by a preponderance of the evidence, that a given person made a particular statement, the court must assume the statement was made by that person for purposes of assessing its admissibility.

2010-2011 – Davis v. Happy Land Toy Company

For example, the defense need not affirmatively v.hhappyland causation during its statements and examinations that is, a defense may focus exclusively on other elements so long as it does not attempt to preclude the plaintiff from offering evidence on v.hzppyland issue s davia the defense is no longer contesting.

A witness whose affidavit indicates that the witness has never seen Princess Beads may say so. HappyLand and answers as follows: Teams may also divide the beads into separate exhibits that may be used to represent one or more of the aforementioned items.

Nonetheless, proper foundation must still be laid before an exhibit may be admitted and all other applicable rules of evidence must be met, subject to a ruling of the trial judge.

No affidavit or portion thereof may be admitted into evidence regardless of whether the person who gave the affidavit is called as a witness at trial.

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