Fremont v. Dooley

Arthur Dooley, a tenant in a large apartment building, had several grievances with the building's manager, Otis Fremont. Dooley designed a one-page flier in which he asserted, "Fremont has a long record of criminal convictions as a landlord."Fremont had received three notices of violation from the local housing commission in the past two years for inadequate lighting and locks. The commission had then threatened to seek a court order requiring correction of the violations, but dropped the matter when Fremont made the necessary repairs. Fremont has no criminal record.

Dooley made 200 copies of the flier at his print shop for distribution to other tenants in the building. On his way back from the print shop, Dooley met Fremont by chance and, after a lengthy conversation, they settled their differences. The fliers were not mentioned. Although Dooley intended to destroy the fliers when he returned to his apartment, he was struck by a teenager riding a skateboard and the fliers were scattered by the wind. Many of the fliers were read by other persons, and Fremont filed suit for libel.

There are three relevant cases. All are from the highest appellate court of the State.

1. What threemost important legalpoints should you, the plaintiff, include in your opening statement? Statebrieflywhy they are important to your case.

1. List the threemost importantwitnesses to your case andbrieflystate why they are important to your case.

1. List the threemost importantpieces of evidence you will introduce at trial andbrieflystate why they are important to your case/what each will prove. HINT: EVIDENCE = STUFF/TANGIBLES.NOT PEOPLE.