Stipulated Facts
This part of the case materials cannot be referenced or introduced as evidence at trial.
What is the Case Summary?
This is the standard of proof the plaintiff and defendant must meet in civil trials.
What is a preponderance of the evidence?
Negligence means failing to act as this type of person would under similar circumstances.
What is a reasonably careful person?
This term describes the plaintiff’s duty to prove how much harm they suffered.
What is the burden of proving damages by a preponderance of the evidence?
Jurors must not let these feelings—like liking or disliking a party—influence their verdict.
What are sympathy, bias, or prejudice?
Because all exhibits are true and accurate, no attorney may make this type of objection.
What is an objection to authenticity?
To prove something by a preponderance means showing it is this—more likely than not.
What is “more probably true than not”?
To prove negligence, the plaintiff must show injury, negligence, and this link between them.
What is causation?
Loss of enjoyment of life or emotional distress are examples of this type of damage.
What are noneconomic losses?
Jurors decide whether a witness is believable using this quality.
What is credibility?
Both sides agree that Jordan Peterson’s medical bills total $15,847.32 and are reasonable. What does this mean for introducing additional proof of those bills?
What is no additional testimony or documents are needed to prove the medical expenses?
If the evidence is evenly balanced and neither side tips the scale, what must the jury do?
What is reject that claim?
An act or failure to act that directly produces an injury in a natural, probable sequence is called this.
What is a cause?
Lost wages or medical bills are examples of this type of damage.
What are economic losses?
Jurors can consider demeanor, consistency, and motives when deciding how much of this to give testimony.
What is weight of the testimony?
Dr. Chen and Dr. Torres have both reviewed each other’s reports and the same medical files. What does this allow each expert to do during testimony?
What is comment on the other expert’s statement if supported by their own report?
Jurors may base findings on probabilities, not these, and must not do this when deciding facts.
What are possibilities, and what is guess or speculate?
If an unforeseeable outside event joins with a party’s conduct to cause injury, that outside event is called this.
What is an intervening cause?
Uncertainty in the exact dollar amount of damages does not prevent a jury from doing this.
What is deciding a reasonable amount using their best judgment?
Experts may give opinions only if qualified by these three things.
What are education, training, or experience?
The Defendant argues that Jordan Peterson was partly to blame for relying on an influencer’s advice about TheraBloom without checking its safety.
What is the affirmative defense of comparative negligence?
The law treats these two kinds of evidence—direct and circumstantial—with equal weight.
What is no distinction between direct and circumstantial evidence?
Under comparative negligence, if the plaintiff’s negligence is equal to or greater than the defendant’s, what happens?
What is the plaintiff cannot recover any damages?
If the jury finds both plaintiff and defendant negligent, what must they assign that totals 100 percent?
What are percentages of fault for each party?
Even expert testimony can be accepted or rejected in whole or in part—jurors should weigh it by considering qualifications, reasons, and all evidence. What instruction does this reflect?
What is Instruction No. 7 on expert testimony evaluation?