Case Overview: The client in this scenario is John “Johnny” Johnson, a

Case Overview:

                The client in this scenario is John “Johnny” Johnson, a mechanic working at Infiniti of Parkland. He is currently represented by a law firm of Dewey, Cheatem & Howe, LLP. Based on this type of civil law case, the client or plaintiff can also be referred to as the claimant because he institutes a claim against the defendant. This client is chosen based on the facts arising from the case scenario; for example, the defendant’s decision to ineffectively label the tire potentially caused the explosion. Also, the plaintiff’s employer assumed that because it was a commonality to install smaller tires on larger rims of the Infiniti G35. This was a cause of neglect by the defendant and Johnson’s employer, who argued against the user directions indicated on the tire.

                 Johnson is suing Coldrock Tire and Rubber Company, the designer of the wheel in question. However, the plaintiff will sue the company through its chief executive, Roger “Cole” Coldrock. The defendant is represented by the Wall Street firm of Ben, Jarvis, Green & Ellis, LLP. The legal proceeding is founded on the point that the defendant failed to label the tire explicitly. Also, the plaintiff claims that the label was not sufficiently conspicuous or effectively depicted, resulting in the risks and danger witnessed in the scenario.

                 To establish and substantiate a prima facie civil case ground, the plaintiff, Johnson, will be required to provide adequate submissions substantiating how the defendant indicated negligence that caused harm before requesting the court to offer relief. The set of actions that warrant the grounds for this case include severe permanent injuries caused by the tire’s explosion. The plaintiff sustained injuries; he lost three fingers on his right hand and a permanent vision loss in his right eye. Therefore, the elements to help argue the negligence cause of action, the plaintiff will have to prove or defend breach, harm, duty, and causation. The set of facts presented in the case indicates that Infiniti of Parkland’s manager failed in his duty, Coldrock Tire and Rubber Company breached the user-wellness expectation, the plaintiff suffered harm, and Coldrock Tire and Rubber Company’s product caused harm.

Plaintiff’s Attorneys draft jury examination (Voir Dire) questions

Juror (Samantha Lopez)

1.   Do you have any legal training?

 I do not have any legal training.

2.   Are you familiar with company law?

 I am not familiar with company law.

3.   Do you have knowledge of common legal terms?

. My knowledge of common legal terms is as expansive as the Legally Blonde movie.

4.   Are you of sound mind?

 Yes, I am.

5.   Do you have or have experienced mental illnesses in the past?

 I have been speaking with a reverend regularly regarding my depression and anxiety, however it has been under control.

6.   Are there any issues you would like to share with the court that may be of interest?

 I have no issues that would affect my judgement as a juror.

7.   In your opinion, are customers always, right?

  I do not believe customers are always right. I believe in good customer service; however, a customer plays a role in the exchange being pleasant.

8.   How good are you at handling pressure?

I am currently in charge of maintaining the health and lives of 50 sharks at my research facility. I would say my ability to handle pressure is pretty good.

9.   Have you ever been convicted previously?

  I have never been convicted.

10.  Do your emotions affect how you respond to questions?

    It depends on the situation. At times I do allow my emotions to affect my responses, I think that’s part of being human though.

11.  Have you ever owned a business or shop?

  Not currently, however my husband and I do have plans of opening our own dive shop.

12.  Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

    No, I have never had a conflict with a business.

13.  Have you ever been selected as a member of a jury before?

 No, this will be my first time participating as a juror.

14.  Do you have difficulties in following the court’s instructions on various laws?

  No, I don’t believe I will have difficulties with this.

15.  In your opinion, what is justice?

    That wrongdoings that have been committed are met with consequences that match the severity of the action. I don’t believe individuals should be able to commit wrongdoing without any consequences.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

  No, I do not.

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

  No, I do not have any physical, emotional, or commitment problems that will cause any issues.

18.  Do you believe you can handle a case impartially?

    Yes, I believe I can remain impartial.

19.  Have you or any member of your family been involved in a civil case in recent years?

   No, no one in my family or myself have been involved in any civil cases.

20.  Are you in a position to follow laws you do not agree with?

The law is the law and should be followed. However, if a law existed that I personally did not agree with I would try to petition or protest to have it amended. 

Juror (Asoris Marrero Porta)

1.  Do you have any legal training?

No, I do not.

2. Are you familiar with company law?

I have a master’s degree in Human Resource, so I’m aware of most common legal problems overall.

3.  Do you have knowledge of common legal terms?

Just the ones related to my career.

4.  Are you of sound mind?

Yes

5.  Do you have or have experienced mental illnesses in the past?

No, I have not.

6.  Are there any issues you would like to share with the court that may be of interest?

No, I don’t have any issues to share.

7.  In your opinion, are customers always, right?

Most of the time, yes, they are. 

8.  How good are you at handling pressure?

As good as I can be for age. 

9.  Have you ever been convicted previously??

No, I have not. 

10.  Do your emotions affect how you respond to questions? 

No

11.  Have you ever owned a business or shop? 

No, I have not.

12.  Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

No. 

13.  Have you ever been selected as a member of a jury before?

No, this is my first time. 

14.  Do you have difficulties in following the court’s instructions on various laws?

No, I do not.

15.  In your opinion, what is justice?

From my point of view, justice is respect, it is to have a fair behavior towards a situation. Justice is moral rightness.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

No 

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

No

18.  Do you believe you can handle a case impartially?

Yes

19.  Have you or any member of your family been involved in a civil case in recent years?

No

20.  Are you in a position to follow laws you do not agree with?

I follow all laws.

Juror (Ashley Garcia)

1.  Do you have any legal training?

No

2.   Are you familiar with company law?

No

3.  Do you have knowledge of common legal terms?

Yes

4.  Are you of sound mind?

Yes

5.  Do you have or have experienced mental illnesses in the past?

No

6.   Are there any issues you would like to share with the court that may be of interest?

No

7.  In your opinion, are customers always, right?

Not always

8.   How good are you at handling pressure?

Very good

9.   Have you ever been convicted previously??

No

10.  Do your emotions affect how you respond to questions?

Yes

11.  Have you ever owned a business or shop?

No

12.  Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

No

13.  Have you ever been selected as a member of a jury before?

No

14.  Do you have difficulties in following the court’s instructions on various laws?

No

15.  In your opinion, what is justice?

Justice is when a harmed party gets retribution for all damages that another party caused. In the same way, the party causing damage should face the necessary consequences.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

No

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

No

18.  Do you believe you can handle a case impartially?

Yes

19.  Have you or any member of your family been involved in a civil case in recent years?

No

20.  Are you in a position to follow laws you do not agree with?

No

Juror (Yenni Curbelo)

1. Do you have any legal training?

No, I do not.

2.  Are you familiar with company law?

No, I do not.

3.  Do you have knowledge of common legal terms?

No, I do not.

4. Are you of sound mind?

Yes

5.  Do you have or have experienced mental illnesses in the past?

No, I have not.

6.  Are there any issues you would like to share with the court that may be of interest?

No, I don’t have any issues to share.

7. In your opinion, are customers always, right?

Not always

8.  How good are you at handling pressure?

I try to react to situations rather than to stress, but now that I have lost my husband it is becoming a bit of a challenge for me

9.  Have you ever been convicted previously??

No, I have not.

10.  Do your emotions affect how you respond to questions?

No

11.  Have you ever owned a business or shop?

No, I have not.

12.  Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

No.

13. Have you ever been selected as a member of a jury before?

No, this is my first time.

14. Do you have difficulties in following the court’s instructions on various laws?

No, I have not.

15.  In your opinion, what is justice?

In my opinion justice is the quality of being just, based on religion, ethics and behaviors.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

No

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

I feel emotionally unstable because I lost my loving husband

18.  Do you believe you can handle a case impartially?

Yes

19.  Have you or any member of your family been involved in a civil case in recent years?

No

20.  Are you in a position to follow laws you do not agree with?

I follow all laws. 

Juror (Jonathan Yong)

1.   Do you have any legal training?

No, I do not have Professional legal training however I have taken some business law classes in recent years because of my employment.

2.   Are you familiar with company law?

Yes, I am familiar with company law.

3.   Do you have knowledge of common legal terms?

Yes, I have some knowledge of common legal terms because I was involved in a lawsuit around 2 years ago.

4.   Are you of sound mind?

Yes, I am in a sound state of mind.

5.  Do you have or have experienced mental illnesses in the past?

Yes, I have been battling with depression and anxiety for the past 5 years. I am currently seeing a therapist.

6.  Are there any issues you would like to share with the court that may be of interest?

I do not believe I have any issues that may be of interest to the court.

7.  In your opinion, are customers always, right?

In my opinion the customer is not always right. Customers don’t know what they truly want or need and that is our job as service/product providers. We give them information on what they need or what.

8.  How good are you at handling pressure?

Due to my high demanding and time sensitive job, I have become accustomed to performing in high pressure situations. 

9.  Have you ever been convicted previously??

 I have not been convicted for anything.

10.  Do your emotions affect how you respond to questions?

I try for my emotions to affect the way I respond but there are moments in which my emotions can get the better of me.

11.  Have you ever owned a business or shop?

Yes, I am an owner of a local appeal store that my son is running for the family. We have been running this appeal store since 2012. I am also the CEO of a top construction company here locally.

12.  Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

Running a large company, you would have a time that you come across some conflicts. I have dealt with a fair share of conflicts in my career, each one of them unique to their own. What I have learned over the years is to use the system I have created. Remove myself from the situation if I can’t what is the next best option and how it will affect things. When I believe I have the right decision I execute it.

13.  Have you ever been selected as a member of a jury before?

No, I have never been selected to be part of a jury before.

14.  Do you have difficulties in following the court’s instructions on various laws?

Sometimes I believe there are better ways of doing things and if I know it will not hurt anyone, I would be open to bending the law.

15.  In your opinion, what is justice?

Justice is equal punishment for one’s action. I believe in an eye for an eye ideology.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

I was a part of a similar lawsuit with an employee who was injured on one of my company’s worksites. The case was won in my favor.

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

No, I do not have any physical, emotional or commitment problems that would prevent me from sitting on jury.

18.  Do you believe you can handle a case impartially?

Yes, I believe I can handle this case impartially despite being in a familiar situation in the past.

19.  Have you or any member of your family been involved in a civil case in recent years?

Yes, back in 2019 I was involved in a lawsuit with an employee who also got hurt on the worksite. I was the defendant and was being sued for neglecting. The outcome of the case was in my favor.

20.  Are you in a position to follow laws you do not agree with?

Depending on the law and the possible

Juror (Lizbette Lopez )

1. Do you have any legal training?

I do not have any legal training.

 2. Are you familiar with company law?

I am familiar with the term to the extent that any corporation is a legal entity created and recognized by state law, and recognized as a legal person, not a natural person. Their authority to act, also their liabilities are separate from its shareholders. Corporations possess the same right of access to the courts as citizens and can sue or be sued. They are entitled to the same constitutional guarantees of due process, free speech, and freedom from unreasonable searches and seizures also apply to corporations. 

3. Do you have knowledge of common legal terms? 

I have knowledge about some common legal terms such as: cause of action: The reason for which a plaintiff files a complaint or suit against someone. civil law: A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens or entities. compensatory damages: Damages that are recovered for injury or economic loss. contract: An agreement between two or more parties to do or refrain from doing something; this often involves a promise of something in return for something of value. There are both written and oral contracts, though in some states oral contracts have little or no standing. depose: To testify or give under oath or sworn affidavit. 2 diligence: Reasonable care or attention to a matter. Due diligence denotes what a normal, responsible person would do under the same conditions. tort: A tort is a wrongful or illegal act, whether intentional or accidental, in which an injury occurs to another. An intentional tort may also be a crime, such as battery, fraud, or theft. Tort law is one of the largest areas of civil law.

 4. Are you of sound mind? 

I considered myself sound of mind, with sufficient mental capacity to understand the implications of my actions and of others. I can differentiate right from wrong.

5. Do you have or have experienced mental illnesses in the past? 

I have not experienced any mental illnesses in the past or presently for that matter. 

6. Are there any issues you would like to share with the court that may be of interest? 

I do not have any issues that I would like to share with the court or that might be of interest to this case. 

7. In your opinion, are customers always, right? 

In my opinion customers are not always right. Sometimes they are wrong, employees need to know how to handle them accordingly. I do agree we should always work towards customer’s satisfaction but not to the point of agreeing to something incorrect or unethical that could potentially hurt your business. On the other hand, you should own your mistakes, so your business is not entirely affected by it. 

8. How good are you at handling pressure? 

I am good at handling pressure. 

9. Have you ever been convicted previously? 

I have never been convicted previously.

10. Do your emotions affect how you respond to questions? 

I think we all can be affected by emotions under certain circumstances, but I would never be dishonest in responding to questions, regardless of my emotions. 

11. Have you ever owned a business or shop? 

I presently co-own a family business of breeding and raising Thoroughbred racehorses. 

12. Have you ever been in conflicts with businesses? 

If so, how did you handle the conflict? Not myself as a person, but my family business was involved in a land ownership case, that was handled thru our attorneys and based on the law. 

13. Have you ever been selected as a member of a jury before? 

This would be my first time as a juror. 

14. Do you have difficulties in following the court’s instructions on various laws? 

I don’t have any difficulties following the court’s instructions. 

15. In your opinion, what is justice? 

Justice is the quality of being just, fair, impartial. 

16. Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case? 

I do not have any past personal experiences that may hinder me from executing my mandate as a juror in a civil case. 

17. Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury? 

Not at the present moment, there are not. 

18. Do you believe you can handle a case impartially? 

I do believe so. 

19. Have you or any member of your family been involved in a civil case in recent years? 

Not recently, the land ownership case was 20 years ago. 

20. Are you in a position to follow laws you do not agree with? 

I am because laws are meant to be followed. 

Juror (Erika Styles)

1.  Do you have any legal training?

No, I do not have any legal training.

2.   Are you familiar with company law?

I am not familiar with company law.

3.   Do you have knowledge of common legal terms?

Yes, I have knowledge of common legal terms. I can understand basic law terminology.

4.   Are you of sound mind?

Yes, I would like to believe I am of sound mind.

5.   Do you have or have experienced mental illnesses in the past?

I have not experienced any mental illnesses in the past.

6.   Are there any issues you would like to share with the court that may be of interest?

I have no issues that I would like to share with the court.

7.   In your opinion, are customers always, right?

No, customers are not always right. Depending on the situation, the customer can definitely be in the wrong.

8.   How good are you at handling pressure?

I would like to believe that I am pretty good at handling pressure. Naturally, there are times where the pressure gets to me but it depends on the situation.

9.    Have you ever been convicted previously??

I have never been convicted.

10.   Do your emotions affect how you respond to questions?

My emotions do not usually affect how I respond to questions. I try to disassociate my emotions from any response I have to make.

11.   Have you ever owned a business or shop?

I have never owned my own business or shop.

12.   Have you ever been in conflicts with businesses? If so, how did you handle the conflict?

I have never been in conflict with another business, but I did have a small dispute with one of my coworkers in one of my prior jobs. In that situation, both my coworker and I discussed the issue at hand and solved our dispute.

13.   Have you ever been selected as a member of a jury before?

I have never been selected as a member of a jury before.

 14.   Do you have difficulties in following the court’s instructions on various laws?

I do not think I will have any difficulties following the court’s instructions on any laws.

15.   In your opinion, what is justice?

Justice is following what is morally right. Justice in a court of law would achieve an outcome that properly represents both parties involved in that case.

16.  Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

I do not have any past personal experiences that may hinder me from executing my mandate as a juror in a civil case.

17.  Are there any physical, emotional, or commitment problems that are likely to prevent you from sitting on a jury?

There are no physical, emotional, or commitment problems that are likely to prevent me from sitting on a jury.

18.  Do you believe you can handle a case impartially?

I believe I can handle a case impartially.

19.  Have you or any member of your family been involved in a civil case in recent years?

I have not been involved in a civil case in recent years and neither have any of my family members.

20.  Are you in a position to follow laws you do not agree with?

I am in a position to follow laws I do not personally agree with if they are rightfully justified for the purpose of the case. 

Juror (Amanda Duenas) 

1. Do you have any legal training?

No

2. Are you familiar with company law?

No

3. Do you have knowledge of common legal terms?

Yes

4. Are you of sound mind?

Yes

5. Do you have or have experienced mental illnesses in the past?

Yes

6. Are there any issues you would like to share with the court that may be of interest?

No

7. In your opinion, are customers always, right?

No

8. How good are you at handling pressure?

I don’t do good under pressure

9. Have you ever been convicted previously??

No

10. Do your emotions affect how you respond to questions?

Yes

11. Have you ever owned a business or shop?

No

12. Have you ever been in conflicts with businesses? If so, how did you handle the

conflict?

No

13. Have you ever been selected as a member of a jury before?

No

14. Do you have difficulties in following the court #39;s instructions on various laws?

No

15. In your opinion, what is justice?

Using laws to fairly judge and punish crimes and criminals. 

16. Do you have any past personal experiences that may hinder you from executing your mandate as a juror in a civil case?

No

17. Are there any physical, emotional, or commitment problems that are likely to prevent

you from sitting on a jury?

No, but I do have an eye doctor appointment right before the trial so there is a possibility of being a few minutes late.

18. Do you believe you can handle a case impartially?

Yes

19. Have you or any member of your family been involved in a civil case in recent years?

No

20. Are you in a position to follow laws you do not agree with?

No

Juror (Luis Delgado)

1. Do you have any legal training?

 No.

2. Are you familiar with company law? 

Somewhat.

3. Do you have knowledge of common legal terms?

 Yes.

4. Are you of sound mind?

 Yes.

5. Do you have or have experienced mental illnesses in the past? 

No.

6. Are there any issues you would like to share with the court that may be of interest?

No.

7. In your opinion, are customers always, right?

 Not necessarily.

8. How good are you at handling pressure?

 I do just fine under pressure.

9. Have you ever been convicted previously?

No.

10. Do your emotions affect how you respond to questions? 

No.

11. Have you ever owned a business or shop?

 Yes, I am the current owner of a diagnostic center that specializes in MRI and X-Ray.

12. Have you ever been in conflicts with businesses? If so, how did you handle the

conflict?

 No.

13. Have you ever been selected as a member of a jury before?

 This is my first time being selected.

14. Do you have difficulties in following the court ;s instructions on various laws? 

No

15. In your opinion, what is justice? 

Making sure one who’s wrongdoing gets treated according to law.

16. Do you have any past personal experiences that may hinder you from executing your

mandate as a juror in a civil case? 

No, I am willing to hear both sides.

17. Are there any physical, emotional, or commitment problems that are likely to prevent

you from sitting on a jury? 

No.

18. Do you believe you can handle a case impartially? 

Yes.

19. Have you or any member of your family been involved in a civil case in recent years?

No.

20. Are you in a position to follow laws you do not agree with? 

Yes.

Juror (Alexandra Canas)

1.  Do you have any legal training?

No, I do not.

2.   Are you familiar with company law?

I am familiar with certain laws. However, I am not familiar with company law.

3.   Do you have knowledge of common legal terms?

I have some knowledge of common legal terms.

4.   Are you of sound mind?

I think so.

5.   Do you have or have experienced mental illnesses in the past?

Yes, I have. I am schizophrenic and have bipolar depression.

6.   Are there any issues you would like to share with the court that may be of interest?

No.

7.   In your opinion, are customers always, right?

I believe the customers are top priority. They make the business function. However,

when a customer violates an employees’ rights, disrespects, or physically/verbally

abuses an employee. An employee should be able to defend themselves.

8.   How good are you at handling pressure?

I believe I am pretty good at handling pressure.

9.   Have you ever been convicted previously??

I have never been convicted.

10.   Do your emotions affect how you respond to questions?

Sometimes.

11.   Have you ever owned a business or shop?

No, I have never owned a business or shop.

12.   Have you ever been in conflicts with businesses? If so, how did you handle the

conflict?

Yes, I have been in a conflict with a business. I was not satisfied with the product. I

went straight to management.

13.   Have you ever been selected as a member of a jury before?

Yes, I have.

14.   Do you have difficulties in following the court’s instructions on various laws?

No, I do not.

15.   In your opinion, what is justice?

In my opinion, justice is based on the free will of everyone regardless of gender,

ethnicity, age, upbringing, appearance, etc.

16.   Do you have any past personal experiences that may hinder you from executing your

mandate as a juror in a civil case?

No, I do not.

17.   Are there any physical, emotional, or commitment problems that are likely to prevent

you from sitting on a jury?

Yes, I have 3 little kids that I care for as well as my students that I teach.

18.   Do you believe you can handle a case impartially?

Yes, I do.

19.   Have you or any member of your family been involved in a civil case in recent years?

No.

20.   Are you in a position to follow laws you do not agree with?

Yes.