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trial chart

Page history last edited by abogado 4 years, 2 months ago

Prepare a Trial Chart

A trial chart shows each element of the claim and the witnesses and exhibits that will prove each of the required elements.  Below is a set of facts which support a lawsuit by the Samsons against Emerald Catering. Carefully read the below facts, and then at the bottom, go ahead and create the list of witnesses, and exhibits which would support the elements of the breach of contract lawsuit (that is, take the below facts and then create a list of witnesses and what they would say to support each part of the lawsuit (see a,b,c,d and e below) and also a list of exhibits, and describe the exhibit, and which part (a,b,c,d and e below).  In essence, you are the paralegal preparing the case for trial for your attorney and taking the below facts and categorizing which fact supports which part of the breach of contract complaint, and you then give your attorney then a final list (or chart) of names of witnesses, what they will testify to, and list of exhibits and what they will prove or demonstrate. It is a task of sorting through the pieces of the case (facts, witnesses, and exhibits, putting them in the different catergories (i.e. a,b,c,d, and e below) so the attorney has them at hand at the time of trial. 

Prepare the below trial chart and copy and paste into etudes.

example:

A. Contract made -  who will testify that an agreement was reached, and what will they testify to, and what documents from above facts exist to support the contract, name the exhibit, describe what it is, and what it will prove. 


 

SAMSON V.  EMERALD’S CATERING

 

Benjamin and Sara Samson decided to hold a large party at the country club near their home in order to raise money for a new pediatric wing of the local hospital. The Samsons hoped that during the evening, the guests that attended would make large donations to the hospital to be used for the new wing.   The country club donated the space for the fundraiser, but advised the Samson’s that they did not have catering facilities to handle the large number of people the Samson’s wanted to invited.  The Samson’s hired Emerald’s Catering, a company that specializes in large parties, to cater food for the party, decorate the room, provide party favors, and provide a musical band to entertain.  A contract was signed that specified the date of the party, the food, entertainment and items to be provided, and the price to be paid.  It further stipulated that a band would play for approximately five hours during the course of the party.  One‑half of the total payment of $30,000 was made at the time the contract was signed.  The other half was to be paid on the day of the party.  Over 300 guests were invited to the fundraiser.

 

On the morning of the party, Mrs. Samson called Emerald’s Catering to confirm the arrival of the caterers.  Mrs. Samson was assured that the caterers would arrive at approximately 5:00 p.m., one hour before the party was to begin.  Mrs. Samson expressed concern that there might not be enough time to decorate and set up the food for the party.  However, she was assured that since everything would be cooked ahead of time, there was no need to arrive any earlier.

 

When no one from Emerald’s catering had arrived by 5:30 p.m., Mrs. Samson called Emerald’s Catering, but there was no answer.  She continued to make telephone calls but continued to receive no answer.   At 7:00 p.m., with over 300 guests present, Mr. and Mrs. Samson apologized for there not being any food, band or decorations, and the guests left without making any donations.  At approximately 7:30 p.m., the band and caterers arrived; however, the only people present were Mr. and Mrs. Samson and a few of their close friends. 

 

Mr. and Mrs. Samson not only paid $15,000 to Emerald’s Catering, but they had spent $500 on engraved invitations that were sent to all the guests.  They are also very upset about the damage to their reputation in the community and the embarrassment caused them by the failure of Emerald’s Catering to perform.   They believe their damages to be in excess of $25,000. 


Prepare the below trial chart and copy and paste into etudes.
example:
A. Contract made -  who will testify that an agreement was reached, and what will they testify to, and what documents from above facts exist to support the contract, name the exhibit, describe what it is, and what it will prove. 

TRIAL CHART -- PLAINTIFF

 

 

Elements of claim                                                   Witnesses and exhibits

(First Cause of Action -- Contract)

 

a.  Contract made

 

 

 

b.  Defendant executed contract

 

 

 

c.  Plaintiff  performed

 

 

 

d.  Defendant  breached contract

 

 

 

e.  Plaintiff damages

 

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