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Closing Argument Powerpoint Template

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closing argument

Transcript: Closing Argument of Defendant Shaun Boyer v. California State University, Gould CV 18-2018 Maryjane Hong Primary Assumption of Risk 1. The Wet Field - not a concealed condition! Primary Assumption of Risk 2. The Fence - Why play beside it? HUGE field! - Heavily Raining day - The Sprinkler California Civil Jury Instructions (CACI) OPEN & OBVIOUS "If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the [owner/lessor/occupier/one who controls the property] does not have to warn others about the dangerous condition." 1004. Obviously Unsafe Conditions Contractual Assumption of Risk - Liability Waiver Contractual Assumption of Risk Liability Wavier Liability Waiver 1. Signature - Plaintiff Shaun Boyer 2. Date - August 31, 2022 - before the incident (Nov. 20, 2022) 3. Content: understand the risks and dangers understand the right to be gave up for the participation understand the release applies to personal injury understand the not only University, but also including its intramural spikeball club is released from liability voluntarily give the University a complete release from any and all liability for any injury or damage during the participation in an intramural sport California Civil Jury Instructions (CACI) California Civil Jury Instructions (CACI) 451. Affirmative Defense—Contractual Assumption of Risk "[Name of defendant] claims that [name of plaintiff] may not recover any damages because [he/she] agreed before the incident that [he/she] would not hold [name of defendant] responsible for any damages. If [name of defendant] proves that there was such an agreement and that it applies to [name of plaintiff]’s claim, then [name of defendant] is not responsible for [name of plaintiff]’s harm." FORESEEABILITY & UNFORESEEABILITY: Foreseeability & Unforseeability - The unsafety condition is foreseeable: Heavily rainy day --- MUDDY! The wet field --- NOT IN A GOOD CONDITION - The weather of raining per se is unforeseeable - The holding of spikeball activity is unforeseeable: Informal tournament Not a school essential event Using field without a permission Not liable for plaintiff’s injury! NO foreseeability of plaintiff playing spikeball in such an obvious unsafe condition without defendant CSUG’s permission. CONCLUSION Conclusion CSUG is nonnegligent CSUG will be found negligent in the use or maintenance of the property: The Burden of Proof 3. CSUG failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition. HOWEVER, I would prove: IF Plaintiff could prove: 1. The condition on the property created harm is OPEN and OBVIOUS 1. A condition on the property created an unreasonable risk of harm; 2. CSUG knew or should have known about the risk; 2. Plaintiff knew or should have known about the risk 3. CSUG doesn't have a duty of giving the warning sign of obviously unsafe condition Reptile Theory - ATTENTION Reptile Theory Improper use of Reptile Theory Irrelevant, excluded, prejudicial Merely to appeal and inflame the emotions of Jury and create bias Stop the other side from making unfair, prejudicial arguments Prohibited by law

Closing Argument

Transcript: Chiu, Richard. "How Long Would It Take for a Person to Die of Strangulation." N.p., n.d. Web. 12 Apr. 2017. Poulsen, Sophie. "12 Symptoms of a Psychopath." Psych2Go.net. N.p., 31 Oct. 2015. Web. 12 Apr. 2017. "Statistics." Statistics. N.p., n.d. Web. 15 Apr. 2017. 1/13/99 (during school) After Adnan left Cathy's house, his dad allegedly said he was at the mosque for his evening prayers, this was from 8:30 p.m. to 10:30 p.m. We know that while he was at the mosque he made multiple calls, two of them being the longest from that day. 1/12/99 1/13/99 (after school) During school, Adnan made 3 phone calls ( to Jay and to Jenn's home) and also received an incoming call (it is unknown). During Adnan's free period, it was theorized that Adnan went out with Jay and talked about killing Hae. Also, Adnan smoked and chilled with Jay. Psychopath: Charming, lying pathologically, manipulative, wants to 'win', have people believe/follow them, lack of guilt, outrageous lies, shallow emotions, lack of empathy, daily routines, intelligent, outbreaks, lack of realistic, being impulsive, blaming others, refuse to accept responsibility, having several relationships and risky behavior. Causes may be; lack of parental involvement/early life problems. January 13th, 1999 (7:45a.m-2:15) By; Lizbeth Guijarro Magana, Jade Rivera, Priscella Vargas, Adaly Camacho January 12th, 1999 January 13th, 1999 January 13th, 1999 (before 7:45a.m) It was during his free period where he made two calls to Jenn's home (received and an incoming call). Afterward, he left to go to Jay's house (Based on Adnan's own testimony) to remind Jay about his girlfriend birthday and also lend him his car). He did not return to school until his next class, in which he was 37 minutes late. Hae's letter to Adnan 1/13/99 (before school) Citations January 13th, 1999 (after 2:15p.m.) Closing Argument January 13th, 1999 (7:45a.m-2:15p.m) According to Adnan's cell phone call log on January 12, 1999, he made three calls after 11:00p.m. These calls were directed to; Nisha (Adnan's friend which he later calls three times the following day). Krista (classmate of Adnan and Hae. Talks to Adnan on the phone three times the following day Hae (last call on Jan 12 ) at 11:27p.m. 34 minutes later..... Adnan makes a call towards Hae at 12:01a.m. 34 minutes later he calls her again (12:35a.m.) He made no other calls before school started. It was known that he called Hae every single night at the same time (even though they were broken up). January 12th, 1999 (after 11p.m.) After school, Adnan attended the library until 3:30 p.m according to Aisa McClain. Adnan had half an hour until track started. However, he was late. It is unknown how long, yet we do know he was at least 20 min late, as he appeared 20 min away from his high school (based on the cell towers and the calls pinned to the location). This gave him more than enough time to commit the murder since it only takes 7 to 14 seconds to strangle someone to unconsciousness . Later he was picked up by Jay at school and went to Cathy's; Jay and Adnan got food. January 13th, 1999 (8:00 through 10:30 p.m.)

Closing Argument

Transcript: Brake Drums that have reached the maximum service diameter are more susceptible to rising heat because there are less drum mass available to absorb the heat Closing Argument As stated in the Highway Accident Report, they believe that the mechanic lacked the proper training in brake maintenance and inspections, did not detect the poorly adjusted or inoperative brakes on the trailer, and did not perform recommended maintenance Brake shoe lining thickness and brake drum diameters should be adjusted regularly to ensure that each part of the brake pad is taking a proportionate amount of the wear of stopping the vehicle. The Highway Accident Report stated that the brake shoe lining on the rig was in compliance with standards, with the exception of the Fifth Wheel on the right. The brake drum diameters were also measured and none exceeded Manufacterer's maximum thickness, they were all approaching it. The First and Fourth tire on the right, as well as, The Fifth on the left exhibited rust The Tractor Trailer Involved In Our Accident Was Registering A Temperature Of Over 800 Degrees AVERAGE TEMPERATURE OF BRAKES ON EXIT RAMP Ace Trucking Is At Fault For Accident When Investigators Tested Tractor Trailer's Emergency Brake, Only The Fifth Wheel On The Right Locked, The Fourth Wheel On The Right And The Fifth Wheel On The Left Were Free Rolling According to the Highway Accident Report, a dust cover protecting the brake drums and springs would have reduced the chance of corrosion to the springs and drums, prolonging the life of the brake parts and the life of the brakes Tractor Trailer Air Brake Dust Covers Conclusion From Highway Accident Report Brakes Were Improperly Maintained Conclusion Emergency Brake HOW TO LOWER TEMPERATURE? Based on the Inspection conducted by the Missouri Division of Motor Vehicles and Railroad Safety after the accident, the truck would have received a rating of a 4 instead of a satisfactory score After Accident Inspection Mechanic's Training The National Transportation Safety Board Determines That The Probable Cause Of The Accident Was The Truck Driver's Inability To Stop The Tractor Semi-Trailer At The Stop Sign At The Bottom Of The Ramp Due To The Reduced Braking Efficiency Of The Truck's Brakes, Which Had Been Poorly Maintained And Inadequately Inspected. Contributing To The School Bus Passenger's Injuries During The Side Impact Were Incomplete Compartmentalization and Lack Of Energy Absorbing Material On Interior Surfaces EFFECTS OF IMPROPERLY MAINTAINED BRAKES State Police Investigators Did An Air Brake Inspection 4 Weeks After The Accident, Stopping The Trailer At Speeds Of 20 And 40 MPH, Only The Brakes On Fourth Axle Left Side And Fifth Axle Right Side Locked, The Other Wheels Were Free Rolling With Brakes Fully Applied PROPERLY MAINTAINED EMERGENCY BRAKES

Closing Argument

Transcript: Mistaken Identification Impairment Visibility Prejudice Defense Counsel for Frank Smith: Nicole Van Gundy The Blarney Stone Jones had "about" two beers BAC The impact of "two" beers in one hour Congress Street 50' away from nearest source of light No lights in the alley itself Less than 30 seconds Criminal alighted in opposite direction of light Photo Array Photo array Delay between incident and reporting "that looks like him" Needed more information as he wasn't sure Smith shown in prior photo array In-person line up more than a week after the robbery No other potential suspects were duplicated Suggestive Not Guilty Title

Closing argument

Transcript: Ostroski v. Lynn Operating a home business is not permitted The plaintiffs can enforce the ordinance Section 7. Violation and Penalty. . . . and in addition to the above penalty such actions at law or suits in equity may be maintained by . . . any interested persons, as may be authorized by law. K.S.A. 12-761(b) . . . any person the value or use of whose property is or may be affected by such violation, shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce the adopted zoning regulations and to abate nuisances maintained in violation thereof. The Zoning Ordinance did not change Section 6. Changes and Amendments . . . That said proposed change shall be first submitted to the Special Commission appointed by the mayor for recommendation and report. That not less than thirty (30) days notice of such proposed change shall first be published in the official newspaper of said municipality, and a hearing be granted to any person interested at a time and place specified in said notice. K.S.A. 12-757(b) All such proposed amendments shall first be submitted to the planning commission for recommendation. The planning commission shall hold a public hearing thereon, shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner as that required for recommendations on the original proposed zoning regulations provided in K.S.A. 12-756, and amendments thereto. K.S.A. 12-756(b) . . . Notice of such public hearing shall be published at least once in the official city newspaper in the case of a city or in the official county newspaper in the case of a county at least 20 days prior to the date of the hearing. Notice requirements are jurisdictional: Carson v. McDowell, 203 Kan. 40 (1969) The City of Eastborough did not even claim to be changing the zoning ordinance when it enacted the business licensing ordinance. "Beep! Beep! Beep!" "Fucking asshole" Threatened with moving car "I know that his concerns are valid because Mr. Lynn comes down to City Hall and advise[s] . . . .what he is doing to intentional irritate Mr. Ostroski further." Eastborough Chief of Police Mow-stalking Mr. Ostroski questioned if the fence needed a permit and a variance. The City required the Lynns to get a permit The City required the Lynns to get a variance The City's position on the variance didn't change for more than a year The plaintiffs said there were trucks, employees, traffic, trash in the yard, and potentially hazardous materials. There were trucks There were employees coming, going, and fighting There was traffic There was trash in the yard There was a fire in a trashcan from painting supplies Mr. Ostroski complained of an assault by Mr. Lynn's car. The video is consistent with the off-camera assault Lack of tire marks does not mean there was no assault Intentional assault is the only explanation consistent with Lynn turning around and flipping off Mr. Ostroski after driving by. Mr. Ostroski reported suspicious activity across the street A van circling the area was suspicious A van dropping off containers in "no-man's land" was suspicious Mr. Ostroski never mentioned Lynn in his report of the incident Trespassing One incident appears to be made up One incident Richard Lynn agrees he was on the Ostroski's side of the fence There is no reason to conclude it is Mrs. Ostroski rather than Richard Lynn who misrepresents what happened. The counterclaim lacks a legal basis An injunction against making police reports is contrary to the public interest An injunction against making police reports would be "prior restraint" An injunction against making police reports would infringe on the right to petition the government. Judgment By statute: K.S.A. 12-761 for zoning violation As remedy for intentional private nuisance: Spotlight is a substantial interference There is no adequate remedy at law Equities favor the plaintiffs No public interest in shining spotlights on a neighbor's bedroom Cases support injunctive relief for shining lights at night Business from home is not solved: Nothing prevents return to status quo ante Still in violation of zoning despite changes In violation of business licensing ordinance Prohibitory Injunctions: No business operations at the residence. No shining the lights at the plaintiffs' house. Punitive damages Violation of the Zoning Ordinance 10-CV-4075 Private Intentional Nuisance REASONABLE UNREASONABLE UNREASONABLE The City of Eastborough uses the selective enforcement of this ordinance to police home businesses REASONABLE Spotlights on bedroom windows are an intentional and unreasonable interference Lighting the goal? The Plaintiffs "complaints" have been reasonable REASONABLE Counterclaim How can you deny intent? Private Intentional Nuisance "Shall" is presumed to be mandatory REASONABLE Injunction UNREASONABLE

Closing Argument

Transcript: We also don't just mindlessly enforce the Death Penalty Prison's living conditions are better than those who are homeless or live in third world countries Death penalty is a deterrent for severe crimes Prisoners are given right to prepare for death unlike their victims Rehabilitation system has to potential to be cheated Mental retardation means that the criminal cannot executed. More expensive to care for prisoners who are given life than to remove them with capital punishment. 85.08 Texas department cost for lethal injection Only 3% of US cases are botched since 1890 Argument Cost Death Penalty v. Life in Prison Restrictions to prevent recklessness Argument Restrictions to prevent recklessness The jury's decision on a death penalty has to be unanimous It takes 15 years on average before they are put to death Cost extensive testing is done to make sure that the inmate understands what they had done Death Penalty vs. Life in Prison

Closing Argument

Transcript: TOPIC 1 Vague black sedan Vague black jacket Vague Firearm "John" Initial witness response: - two white men - 20's - both wearing black jackets - no memorable characteristics Later: - vivid memory of assailants? TOPIC 2 Poor Policework: 1. Failure to document photo I.D. 2. Inaccurate testimony about the arrest 3. Botched lineup TOPIC 3 TIMELINE February 14, 2019 3:15pm: Shooting at Lazar's Clothing Store Timeline 2:30pm: John & Dale arrive at Sam's Chicken 3:00pm: Whitney leaves work 3:25pm: Whitney leaves Sam's Chicken Shack 3:30pm: John & Dale leave Sam's Chicken No evidence to connect the following to this crime: Jacket Firearm Car The defendant TOPIC 4

Closing Argument

Transcript: Zoom out for more assets Asset library Find Justice for Dr. Karen Adams DEFENDANT DID NOT HAVE "REASONABLE GROUNDS" Chandler Deptartment Store falsely arrested and publicly humiliated Dr. Karen Adams by defamation and malicious prosecution. Damages: Lost Wages Attorneys Fees Medical Bills Mental Anguish FALSE ARREST DEFAMATION Some things can't be undone... MALICIOUS PROSECUTION Dr. Karen Adams goes to JAIL Bailey Williams saw Dr. Adams put her very own cologne bottle back into her purse. Dr. Adams can leave IF she signs a waiver promising not to sue the store Dr. Adams should be allowed to leave regardless of whether she signed that waiver or not Dr. Adams refused to sign the waiver so Chandler Department Store called the police and had DR. Adams arrested. "IT'S OKAY FOLKS, IT'S JUST A SHOPLIFTER." Detained in security office for a crime she did not commit Manager called Police to arrest Dr. Adams "IT'S OKAY FOLKS, IT'S JUST A SHOPLIFTER." HANDCUFFED DRIVEN TO POLICE STATION FINGERPRINTED PHOTOGRAPHED SPENT THE NIGHT IN JAIL

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