Courtroom Observation Paper

2742 WordsMar 27, 201211 Pages
201220 SPRING 2012 BUSI 301-C05 LUO Kevin Studer IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA Hammond Division DEBORAH WHITE, ) ) Plaintiff, ) ) v. ) Civil Action No. 82A04-8876-CV-285 ) PATRICK GIBBS; and STAND ) ALONE PROPERTIES, L.L.C., ) d/b/a O’MALLEY’S TAVERN, ) ) Defendants. ) Courtroom Observation Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law INTRODUCTION This case between the plaintiff, Deborah White (Appellee) and the defendants, Patrick Gibbs; and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern (Appenllants) was the subject of a Summary Judgment Motion filed on behalf of the…show more content…
“Summary Judgment is appropriately awarded where the moving party shows that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (See Fed. R. Civ. P. Rule56, web.1 Mar. 2012 http://www.uscourts.gov ) The Appellants’ in this case would have to show that there is “No Dispute as to the material facts of the case, meaning that because there client did not have “actual knowledge” that Mr. Hard was visibly intoxicated at the time he received his last drink, as a “Matter of Law”, the Court would have to grant their motion. The Appellee would have to show that there are, in fact, matters that should be heard by a jury and therefore, the motion should be denied. Next, I looked at the definition of “Proximate Cause.” According to the Free Dictionary by Farflex, a Proximate Cause is: “An act from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Proximate cause would be the primary cause of an injury. It is not necessarily the closest cause in time or space nor the first event that sets in motion a sequence of events leading to an injury. Proximate cause produces particular, foreseeable consequences without the intervention of any independent or unforeseeable cause. It is also known as legal cause.” (web. 26 Feb. 2012
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