Courtroom Observation for law Students Essay

1239 Words Apr 22nd, 2012 5 Pages
This paper contains an observation from a competition that was held by Liberty University. In the courtroom Observation four law students argue the case of White vs. O’Malley’s Tavern. The original case (case number 82A04-8876-CB285) has gone before the United States District Court in Northern Indiana. In the case Mrs. White is asking that O’Malley’s Tavern be held liable for her husband’s death, while O’Malley’s Tavern is stating that they should not be held liable for the incident. This paper will discuss the argument for both sides, if summary judgment should be allowed, and how courts are viewed in the Christian Worldview.
In the case of White vs. O’Malley’s Tavern (case number 82A04-8876-CB285)Mrs. White is asking that the bar be
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White was leaving. Mr. Hart approached Mrs. White and her husband and started an argument but fell down. Mrs. White says that she feared Mr. Hart would follow them out and cause more problems. This did in fact happen. Mrs. White made a frantic call to 911 and was noted as saying that Mr. Hart was following and it was obvious she was scared. All of these events lead to the car crash that killed Mrs. White’s husband.
After seeing all the facts of the case I asked myself if I felt that O’Malley’s Tavern was liable for what happened. In the facts presented by the four law students there is a lot of talk about the Indiana Dram law. “Under Indiana law, a person who provides an alcoholic beverage to someone who that person knows is intoxicated may be liable for tort damages caused later by that intoxicated person”(Culver vs. McRoberts, 1999). This Indiana Dram Law states that the person serving or providing the drink is liable only if they provide a drink to someone who they know is already drunk. I did not hear anywhere that the bartender was personally acquainted with Mr. Hart and this means he would have no way of knowing that Mr. Hart was drunk unless he seen him acting in a manner that would suggest how drunk he was. The fact that Mrs. White even states that the bartender did not see when Mr. Hart fell proves to me that the bartender did not realize how drunk Mr. Hart was. It was also discussed if one would be able to state that

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