Mrs. Garrett dies of lung cancer at the age of 42. Her family brings a civil suit against ABC Tobacco Company, the manufacturer of the cigarettes she had smoked daily for the previous 20 years. Her doctors say that cigarette smoking was the major factor in her death.

1. If you were the Garrett family's attorney, what arguments would you make at the trial? What evidence would you want to introduce during the trial?
2. If you were the attorney for the ABC Tobacco Company, what arguments would you make for the company at the trial? What evidence would you want to introduce to support your arguments? How would such evidence help your case?
3. If you were the Garrett family's attorney, would you want a jury to decide this case? Would it be better to try this case to a judge? Why?
4. Assume that each package of ABC cigarettes has carried the following warning to consumers for the past 20 years: "Caution: Cigarette smoking can be harmful to your health." How should this case be decided? Explain the reasons for your decision.