Mock Simulation Situation Case

Is Fraser Sand and Gravel Ltd. liable in negligence for a teenager's injuries? (in Defendant's side - Fraser Sand and Gravel)

These injuries occurred when the teenager was dirt biking in a gravel pit operated by Fraser Sand and Gravel Ltd. The teenager rode his/her bike up a hill that suddenly dropped off because Fraser Sand and Gravel Ltd. had removed a portion of the hill for their gravel operations.

In a good trial, good preparation increases your chances of winning substantially. report contains:

1. a different version of the story

2. Key legal arguments

3. Evidence supporting the arguments

4. witness list and how they will help in proving the case.

5. Legal precedents supporting the case theory and legal arguments.

Plaintiff's Theory: The plaintiff's counsel will call witnesses to show that: a) the defendant knew that people often rode motor bikes on the defendant's gravel piles and that its "no trespassing" signs were not enough to keep riders out; b) the defendant should have known that someone might get hurt if they removed a portion of an often-ridden gravel pile; and c) the plaintiff was an experienced motor-bike rider and was riding safely, in control and with care on the day of the accident. Defendant's Theory: The Defendant's counsel will call witnesses to show that: a) the plaintiff was aware that s/he was riding on private property because of the signs posted and the employees telling them to leave. The plaintiff knew he was not authorized to enter. Therefore s/he assumed any risk of harm when riding on the property; and b) the plaintiff is responsible for his/her own injuries because s/he was riding his/her motorcycle too fast for the conditions on the day of the accident. Students playing the part of plaintiff's or defendant's counsel should study each of the witnesses' role sheets. Counsel should then a list of questions to ask their own witnesses to help prove their theory as set out above. Next, counsel will need a list of questions to ask the other side's witnesses that will show that the other side's theory is incorrect.

you are going to be a lawyer who defends the accused students who are charged by the government with breaking the law or the defendant who is being sued. Your job is to protect the rights of the accused or the defendant and to present the facts that will show that your client is not guilty of breaking the law or is not at fault in a civil case. You will have to make it clear to the judge and jury that the Crown (the lawyers for the government) has not proven its case. The defence does not have to prove anything and does not have to call witnesses. However, in the mock trial the defence will call witnesses.