Please help me I don't know if this is what the professor wants. I'm so confused :(

Instructions:

Draft a complaint based on the fact pattern from the Case Analysis Assignment | gave you in Module 1 (Lindsy makes Eddie stay after school to make up and exam). The school is located in Kalamazoo County, Michigan. Both Eddie and Lindsy live in Michigan. You can use the complaint in your textbook from Chapter 6 on page 148 for a guide. Make sure you read back to Court System Pages 138-147 of Chapter 6 in your textbook to determine which court you should file your complaint in. You can use much more detail of the facts than the example in your textbook (which was quite brief). Here is a summary of courts in Michigan: State Courts: Small Claims Court. Has jurisdiction to hear general civil claims up to $6,000. But, no attorneys are allowed. District Court: Has jurisdiction to hear general civil claims up to $25,000. Circuit Court. Has jurisdiction to hear general civil claims over $25,000. Federal Courts: United States District Court In the Judicial Circuit of Kalamazoo County, Michigan EDDIE VANCE, Plaintiff, VS. LINDSY MARTIN and KALAMAZOQO COUNTY SCHOOL DISTRICT, Defendants. CASE NO.: [Insert Case Number] COMPLAINT INTRODUCTION Plaintiff Eddie Vance initiates this legal action against Defendants Lindsy Martin and Kalamazoo County School District to address a grievance arising from an incident wherein Eddie was compelled to remain after school to retake an exam. This legal challenge is rooted in Eddie's contention that the directive, issued by Defendant Lindsy Martin, lacked justification and fairness. The Plaintiff wants to make things right for what they believe is unfair treatment. They also want the Defendants to take responsibility for what they did, following the rules of the law. PARTIES Ms. Lindsy Martin holds a position as a dedicated teacher within the Kalamazoo County School District, an organization entrusted with the oversight of school management in our community. JURISDICTION The jurisdiction of this Court thoughtfully encompasses the current matter, representing a civil dispute well within the boundaries of the Circuit Court for Kalamazoo County, Michigan. Kalamazoo County emerges as the fitting venue for this case, as the relevant events gracefully unfolded within the limits of this jurisdiction. It's worth noting that Ms. Martin's association with the Kalamazoo County School District brings a valuable perspective to the local education landscape, subtly reinforcing the appropriateness of this venue for the case. BACKGROUND 6. On January 26, Lindsy Martin, an educator at Kalamazoo County School District, instructed Eddie Vance to remain after school to retake an exam. 7. The decision to keep Eddie after school lacked a valid educational basis and was made without adherence to established school policies. 8. As a result, Eddie experienced distress and interference with his personal commitments and activities. COUNT I: WRONGFUL CONDUCT BY LINDSY MARTIN Eddie respectiully asserts that Ms. Lindsy Martin, in her capacity as an educator, may have unintentionally overlooked a duty of care towards students, as Eddie was required to stay after school without apparent justification. Regrettably, Eddie experienced direct harm stemming from Ms. Martin's unintended lapse in duty, resulting in emotional distress and the disruption of his personal commitments. Your understanding in this matter is greatly appreciated. COUNTII: 11. Eddie alleges that Kalamazoo County School District failed in its duty to supervise and train educators adequately, leading to the arbitrary decision by Lindsy Martin to make Eddie stay after school. 12. The negligent supervision by the school district directly caused harm to Eddie, including emotional distress and interference with personal commitments. PRAYER FOR RELIEF WHEREFORE, Eddie Vance respectfully requests the following relief from the Court: a. Damages to be determined at trial for the wrongful conduct by Lindsy Martin (Count I); b. Damages to be determined at trial for the negligent supervision by Kalamazoo County School District (Count Il); c. Costs and attorney fees; and d. Such further relief deemed just and proper by this Court. REQUEST FOR A TRIAL BY JURY Eddie Vance demands a trial by jury on all issues so triable.Issue: Is the utility company liable for Sarah's injuries and damage to her clothing? Rule: 1. Any hole or other danger; 2. Created by a person or entity; 3. Must have a barricade or other structure placed on all sides of the hole or other danger at all times; 4. That gives sufficient notice to a pedestrian that a hole or other danger is present. Analysis: 1. Any hole or other danger- The element of the rule is satisfied because there was a hole in the sidewalk. 2. Created by a person or entity- The utility company is an entity, so the 2 element is satisfied. 3. Must have a barricade or other structure placed on all sides of the hole or other danger at all time- The hole was surrounded by a 2 ft high piece of cardboard with the word \"Danger\" written on it. Webster's dictionary defines a \"barricade\" as "to block off\" and defines \"structure\" as \"something (such as a building) that is constructed.\" The 2ft high piece of cardboard that the utility company wrote the word \"Danger\" on and placed around the hole would meet the definition of \"structure.\" As for \"barricade,\" to \"block off\" is defined by Webster's as to \"hinder the passage\" The cardboard did \"hinder the passage\" and as such did "block off\" so it also meets the definition of "barricade. This element is satisfied. 4. That gives sufficient notice to a pedestrian that a hole or other danger is present. Argument for Sarah: The 2 ft high brown cardboard sign was not \"sufficient\" notice. Sarah was 5" 2" tall. A sign 2 ft high would not be in her line of sight when she walked around the corner looking for her car. Also, the cardboard sign was brown; not a bright color that would cause someone to notice it. In this day and age, the majority of persons walking down the sidewalk are if fact talking on their cellphones. The utility company then had a duty to put up a sign such that a person walking down the sidewalk and talking on her cellphone would notice it; and not step in the hole. Argument for Utility Company: Sarah was excited, in a hurry, and talking on her cell phone. She was not paying attention to where she was walking. The sign had been up for 30 minutes and hundreds of people walked by it without stepping the hole. If Sarah would have been paying attention she would have seen the sign and not stepped in the hole. The sign was sufficient notice. Conclusion: The Utility Company failed to provide sufficient notice to pedestrians. The 2ft high brown sign did not cause Sarah to notice it. Even though she was walking and talking on her cell phone, itis reasonable to assume that most people do this. As such, the Barricade or Structure required by the rule should cause a person walking and talking on their cell phone to notice it and therefore notice the danger. The Utility Company is liable to Sarah for her injury and damages. There you have it! This is how you make a LEGAL ARGUMENT. If you were Sarah's lawyer, you would only make the arguments for Sarah to win the case. If you were the Utility Company's lawyer, you would only make the arguments for the Utility Company to win the case. For this class, want you to argueBOTH sides. I want you to make LEGAL ARGUMENTS for EVERYTHING - all of your discussions, assignments, and exams. It takes practice. You will see yourself getting better as the class goes on. By the end of this semester, you will know how te win arguments. 143 Chapter 6. Dispute Resolution Introduction Tony Caruso had not returned for dinner, and his wife, Karen, was nervous. She put on some sandals and hurried across the dunes, a half mile to the ocean shore. She soon came upon their dog, Blue, tied to an old picket fence. Tony's shoes and clothing were piled neatly nearhy. Karen and friends searched frantically throughout the evening. A little past midnight, Tony's hody washed ashore, his lungs filled with water. A local doctor concluded he had accidentally drowned. A little past midnight, Tony's body washed ashore, his lungs filled with water. Karen and her friends were not the only ones who were distraught. Tony had been partners with Beth Smiles in an environmental consulting business, Enviro-Vision. They were good friends, and Beth was emotionally devastated. When she was able to focus on business issues, Beth filed an insurance claim with the Coastal Insurance Group. Beth hated to think about Tony's death in financial terms, but she was relieved that the struggling business would receive $2 million on the life insurance policy. ' Several months after filing the claim, Beth received this reply from Coastal: \"Under the policy issued to Enviro-Vision, we are conditionally liable in the amount of $1 million in the event of Mr. Caruso's death. If his death is accidental, we are conditionally liable to pay double indemnity of $2 million. But pursuant to section H(5), death by suicide is not covered. \"After a thorough investigation, we have concluded that Anthony Caruso's death was an act of suicide, as defined in section B(11) of the policy. Your claim is denied in its entirety.\" Beth was furious. She was convinced Tony was incapable of suicide. And her company could not afford the $2 million loss. She decided to consult her lawyer, Chris Pruitt. 144 This case is a fictionalized version of several real cases based on double indemnity insurance policies. In this chapter, we follow Beth's dispute with Coastal from initial interview through appeal, using it to examine three fundamental areas of law: the structure of our court systems, civil lawsuits, and alternative dispute resolution. When Beth Smiles meets with her lawyer, Chris Pruitt brings a second attorney from his firm, Janet Booker, who is an experienced litigator, that is, a lawyer who handles court cases. If they file a lawsuit, Janet will be in charge, so Chris wants her there for the first meeting. Janet probes about Tony's home life, the status of the business, his personal finances, everything. Beth becomes upset that Janet doesn't seem sympathetic, but Chris explains that Janet is doing her job: She needs all the information, good and bad. Janet starts thinking about the two methods of dispute resolution: litigation and alternative dispute resolution. Litigation refers to lawsuits, the process of filing claims in court, and process used to settle disputes without resorting to a trial. It is increasingly popular with corporations and individuals alike because it is generally cheaper and faster than litigation, and we focus on this topic in the last part of this chapter. 6-1a. State Courts The typical state court system forms a pyramid, as Exhibit 6.1 shows. Some states have minor variations on the exhibit. For example, Texas has two top courts: a Supreme Court for civil cases and a Court of Criminal Appeals for criminal cases. Exhibit 6.1 State Supreme Court Appellate Courts Appeal Courts 1... General General Civil Division Criminal Division Small Claims Juvenile Land Division Division Division Municipal Probate Domestic Division Division Relations Division Trial Courts of General Jurisdiction Trial Courts of Limited Jurisdiction Details A trial court determines facts, while an appeals court ensures that the lower court rectly applied the law to those factsTrial Courts Almost all cases start in trial courts, which are endlessly portrayed on television and in film. There is one judge, and there will often (but not always) be a jury. This is the only court to hear testimony from witnesses and receive evidence. Trial courts determine the facts of a particular dispute and apply to those facts the law given by earlier appellate court decisions. In the Enviro-Vision dispute, the trial court will decide all important facts that are in dispute. How did Tony Caruso die? Did he drown? Assuming he drowned, was his death accidental or suicide? Once the jury has decided the facts, it will apply the law to those facts. If Tony Caruso died accidentally, contract law provides that Beth Smiles is entitled to double indemnity benefits. If the jury decides he killed himself, Beth gets nothing. Facts are critical. That may sound obvious, but in a course devoted to legal principles, it is easy to lose track of the key role that factual determinations play in the resolution of any dispute. In the Enviro-Vision case, we will see that one bit of factual evidence goes undetected, with costly consequences. Jurisdiction refers to a court's power to hear a case. In state or federal court, a plaintiff may start a lawsuit only in a court that has jurisdiction over that kind of case. Some courts have very limited jurisdiction, while others have the power to hear almost any case. Subject Matter Jurisdiction Subject matter jurisdiction means that a court has the authority to hear a particular type of 146 Subject Matter Jurisdiction Subject matter jurisdiction means that a court has the authority to hear a particular type of Trial Courts of Limited Jurisdiction. These courts may hear only certain types of cases. Small claims court has jurisdiction only over civil lawsuits involving a maximum of, say, $5,000 (the amount varies from state to state). A juvenile court hears only cases involving minors. Probate court is devoted to settling the estates of deceased persons, though in some states it will hear certain other cases as well. Trial Courts of General Jurisdiction. Trial courts of general jurisdiction, however, can hear a very broad range of cases. The most important court, for our purposes, is the general civil division. This court may hear virtually any civil lawsuit. In one day it might hear a $450 million shareholders' derivative lawsuit, an employment issue involving freedom of religion, and a foreclosure on a mortgage. Most of the cases we study start in this court. 1f Enviro-Vision's case against Coastal goes to trialin a state court, it will begin in the trial court of general jurisdiction. Personal Jurisdiction In addition to subject matter jurisdiction, courts must also have personal jurisdiction over the defendant. Personal jurisdiction is the legal authority to require the defendant to stand trial, pay judgments, and the like. When plaintiffs file lawsuits, defendants sometimes make a special appearance to challenge a court's personal jurisdiction. If the court agrees with the defendant's areument. the lawsuit will be dismissed. Personal jurisdiction generally exists if: 1. Forindividuals, the defendant is a resident of the state in which a lawsuit is filed. For companies, the defendant is doing business in that state. 2. The defendant takes a formal step to defend a lawsuit. Most papers filed with a court count as formal steps, but special appearances do not. 3. A summons is served on a defendant. A summons is the court's written notice that a lawsuit has been filed against the defendant. The summons must be delivered to the defendant when she is physically within the state in which the lawsuit is filed. Corporations are required to hire a registered agent in any state in which they do business. If a registered agent receives a summons, then the corporation is served. 4. Along-arm statute applies. If all else failsthe defendant does not reside in the state, does not defend the lawsuit, and has not been served with a summons while in the state a court still can obtain jurisdiction under long-arm statutes. These statutes typically claim jurisdiction over someone who commits a tort, signs a contract, or conducts \"regular business activities\" in the state. As a general rule, courts tend to apply long-arm statutes aggressively, hauling defendants into their courtrooms. However, the due process guarantees in the U.S. Constitution require fundamental fairness in the application of long-arm statutes. Therefore, courts can claim personal jurisdiction only if a defendant has had minimum contacts with a state. In other words, it is unfair to require a defendant to stand trial in another state if he has had no meaningful interaction with that state. 148 Appellate Courts Appellate courts are entirely different from trial courts. Three or more judges hear the case. There are no juries, ever. These courts do not hear witnesses or take new evidence. They hear appeals of cases already tried below. Appeals courts generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law. Higher courts generally defer to lower courts on factual findings. Juries and trial court judges see all evidence as it is presented, and they are in the best position to evaluate it. An appeals court will accept a factual finding unless there was no evidence at all to support it. If the jury decides that Tony Caruso committed suicide, the appeals court will normally accept that fact, even if the appeals judges consider the jury's conclusion dubious. On the other hand, if a jury concluded that Tony had been murdered, an appeals court would overturn that finding if neither side had introduced any evidence of murder during the trial. An appeals court reviews the trial record to make sure that the lower court correctly applied the law to the facts. If the trial court made an error of law, the appeals court may require a new trial. Suppose the jury concludes that Tony Caruso committed suicide but votes to award Enviro-Vision $1 million because it feels sorry for Beth Smiles. That is an error of law: If Tony committed suicide, Beth is enfitled to nothing. An appellate court will reverse the decision. Or suppose that the trial judge permitted a friend of Tony's to state that he was certain Tony would never commit suicide. Normally, such opinions are not permissible in trial, and it was a legal error for the judge to allow the jury to hear it. Court of Appeals. The party that loses at the trial court may appeal to the intermediate court of appeals. The party filing the appeal is the appellant. The party opposing the appeal (because it won at trial) is the appellee. then appears for oral argument, usually before a panel of three judges. The appellant's lawyer has about 15 minutes to convince the judges that the trial court made serious errors of law and that the decision should be reversed, that is, nullified. The appellee's lawyer has the same time to persuade the court that the trial court acted correctly and that the result should he affirmed, that is, permitted to stand. State Supreme Court. This is the highest court in the state, and it accepts some appeals from the court of appeals. In most states, there is no absolute right to appeal to the Supreme Court. If the high court regards alegal issue as important, it accepts the case. It then takes briefs and hears oral argument just as the appeals court did. If it considers the matter unimportant, it refuses to hear the case, meaning that the court of appeals' ruling is the final word on the case. o In most states, seven judges, often called justices, sit on the Supreme Court. They have the final word on state law