In the last two phases of your semester-long group project, your instructor has given you scenario

that happened causing one party to sue the other. The scenario is as follows:

In your contract, you mention that the limo will be stored at Lindsay's house when not in

use. After each time he used the limo, Charlie would park the limo in the driveway at

Lindsay's house. It just so happens Lindsay lives in a community that is a "gated

community" that has special rules that do not permit vehicles being left on the driveway

overnight (all owners must park their vehicles in the garage or in the back yard where

they cannot be seen from the street). As a result Lindsay was fined $100 each time

Charlie used the limo and left it in the driveway. Lindsay's fines from her "Home Owners

Association" have now reached $10,000 (Charlie used the limo 100 times during the

course of the year-always returning it at night, when Lindsay would move it in the

morning), The parties had been splitting operating expenses, but Charlie believes this is

a personal expense Lindsay is responsible for paying. Lindsay believes Charlie is

responsible for not following the HOA rules, and thus Lindsay sues Charlie for $10,000.

For this fourth phase, each party is being directed by the judge to turn over (or turn in to the

judge-who happens to be your instructor) all the exhibits and anticipated testimony from

witnesses that you intend use to win your case at trial.

The exhibits will consist of documents (pictures, papers, etc.) that will be scanned into a .pdf.

IMPORTANT - AT THE BOTTOM of each exhibit, you are to put your Group #- Then the

exhibit number. So, if Group 6 for instance wants to offer a photograph of a limo as an exhibit, at

the bottom right-hand corner of the .pdf it should say "Group 6-Exibit 3" Each group should

have a minimum of 2 and may have up to 3 exhibits (please keep each exhibit only 1 page).

The evidence will also consist of the anticipated testimony of 2-3 witnesses, one of which

MUST

be your client. One of your other two witnesses (or one witness if only having a total of two

witnesses) CANNOT be the other client. The testimony of your witnesses should be written out in

a narrative form, as though the witness was talking, and should be at least a couple paragraphs,

but no more than about 200 words.

Here's where the project can get fun and where you get to be creative. You are to work with your

Co-Counsel partner to discuss what you want to accomplish for this phase. The evidence

(documents and testimony) you come up with can be anything you want AS LONG AS IT IS

CONSISTENT WITH THE SCENARIO AND YOUR CONTRACT. So, let's say as an

example, your contract says Lindsay was supposed to be responsible for obtaining the cashiers'

check to buy the Hummer Limo. Say your scenario says Lindsay had until Wednesday to deliver

the check, but she forgot and now Charlie is suing her for the fact they did not get the limo. Your

witness testimony could be something like: (1) Charlie saying that he texted Lindsay the night

before the check was due; (2) testimony from Lindsay's mother saying Lindsay mentioned at

dinner that she had to get the check on time; and (3) testimony from a bank teller saying that she

cut the check for Lindsay. Your document evidence might consist of: (1) a copy of Charlie's text

message; (2) a credit card receipt showing Lindsay's mom paid for dinner the night before; and

(3) a bank photocopy of the check written to pay for the Hummer. The evidence must be turned

in to the instructor NO LATER THAN the due date in Canvas

***IMPORTANT NOTE:

If you want to receive

FULL CREDIT

for this phase, you MUST

also put your testimony and your exhibits in your "negotiating groups" files so the other side can

see it too. The file names you should use should be your group number, followed by a dash,

followed by "witness 1" (or 2 or 3, etc.) or your group number, followed by a dash, followed by

"exhibit 1" (or 2, 3, 4, or 5). So, if co-counsel in group 19 is saving a .pdf file of Charlie's

testimony, the file name will be: "group 19-witness 1.pdf"

After Phase IV is completed and the groups have submitted their testimony and documents as

evidence, then Phase V of the final project will be opened up. Phase V will consist of your

WRITTEN argument using both the evidence created by you and the evidence created by your

opposing counsel, and explaining why your client should win the law suit. So, using the example

above - say you represent Charlie and the other side offers evidence that Lindsay was kidnapped

the night the check was due, and therefore it was not her fault she failed to deliver the check. In

your written argument, you CANNOT offer new facts (i.e. change or challenge Lindsay's

kidnapping story), but rather argue why Charlie should win despite the fact Lindsay was

kidnapped (for instance, she could have delivered the check the day before if the testimony or

other documents show she had the money the day before...)

IF Y