CREATING A BASIC SUMMATION OUTLINE

CREATING A BASIC SUMMATION OUTLINE

Each injury damage case calls for an individual final summation that applies to that case. Experience has shown creating a basic outline for summation of these cases makes the creation of a an argument for a specific case easier. It also mitigates against forgetting an issue. It can act as a sort of checklist. There are many styles of making argument in damages cases and it is a good idea to create a basic outline file for every approach you use in cases. This is results in a file of possible approaches you can decide to use in your specific case. Here is a very brief and fundamental outline as an example of this idea.

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BASIC OUTLINE

1.THE VERDICT FORM

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(1)Show verdict form
(2)Go through each question and significance

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2.LIABILITY RELATED INSTRUCTIONS

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(1)Cover key liability instructions
(a)Burden of proof
(b)Proximate cause
(c)Specific liability case instuctions

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3.LIABILITY & WITNESS REVIEW

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(1)Cover key liability witness & evidence
(2)Address defenses

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4.FILL IN VERDICT FORM RE LIABILITY

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(1)Show jury how to fill in questions & why
(2)Rules that were violated
(3)How rule protects people
(4)How it could have been avoided
(5)What difference it would have made

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5.REMINDERS

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                     (1) Need only ten to have verdict
                     (2)The more dangerous the higher duty to be careful
                     (3)Defendant made choices

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6.DAMAGE INSTRUCTIONS

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(1)Cover key damage instructions

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7.TWO TIME PERIODS – See Instructions

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(1)Important to analyze by past and future
(2)Life expectancy

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8.TWO DIFFERENT KINDS OF DAMAGES – See Instructions

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(1)Totally different – see instructions
(2)Need vs justice for harm done

Inoculate re just pay bills or no need

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9.EVALUATION OF ECONOMIC PAST & FUTURE

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(1)Cover key damage witnesses & evidence re economic loss
(2)Give jury numbers for past and future
(3)Remind this only for bills – not harm
(4)Evaluation: (1) how bad is it (2) how long will it last (3) how interfering with life?
(5)Job: Fix what can be fixed, help what can be helped and make up for what can’t be fixed or helped.

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10.LAW RE NON ECONOMIC PAST & FUTURE

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(1)Scale of Justice: Bigger the harm the more the money due
(2)Nothing to do with bills or needs
(3)Statute of justice blindfolded because need/rich or poor not involved
(4)Must follow the law
(5)Must evaluate the loses and harm done
(6)Law re damages says:

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               “The amount of money which will reasonably and fairly compensate for the damages suffered”

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        a)Reasonably: “TO ANALYZE, TO THINK LOGICALLY ABOUT              SOMETHING (Webster)

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        b)Fairly: “TO BE JUST. IMPARTIAL. UNPREJUDICED.”

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11.DUTY TO EVAUATE EACH ELEMENTS OF DAMAGES

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(1)See instruction
(2)Explain meaning of each element
(3)Key ideas: (a) independence (b) movement & mobility (c) protection (d)accountability
(4)Explain impact of injury to people?

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12.EVALUATION OF NON ECONOMIC DAMAGES PAST & FUTURE

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(1)Cover key witnesses & evidence re non-economic loss
(2)Apply to each element

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13.JURY VERDICT FORM

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(1)Fill in past non-economic by element
(2)Fill in future non-economic by element

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13.CONSORTIUM CLAIMS

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(1)Cover instruction
(2)Explain concept
(3)Suggest figure

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14.TOTAL VERDICT
(1)Add numbers & give them totals

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15.REMINDERS

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(1)Once: this verdict for past now and future
(2)½ justice is injustice
(3)A court room is a safety arena

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16.CONCLUSION

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(1)Important case
(2)Power of jury to set community standards
(3)Verdict can be proud of years from now

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