Understanding Class Action Lawsuits and Small Claims in Washington State, Study notes of Law

Download Understanding Class Action Lawsuits and Small Claims in Washington State and more Study notes Law in PDF only on Docsity! 1 Lesson: Model Lesson Plan - Class Action Lawsuits and Small Claims I. Goals a. Provide students with a basic understanding of how class action lawsuits work and what they can do if they ever receive notice of a class action. b. Provide students with a basic understanding of how small claims are handled in Washington State. II. Objectives a. Knowledge Objectives – as a result of this class, students will be better able to: i. Understand how class action lawsuits originate, how they are handled by the courts, and what students can do if they ever receive notice of a class action. ii. Understand how small claims are handled in Washington State and what steps students will need to take if they ever wish to file a claim in Small Claims Court b. Skill Objectives – as a result of this class, students will be better able to: i. Exercise their rights to be part of a class action lawsuit or “opt out” if they so choose. ii. Resolve minor, personal conflicts using the Small Claims Court system. c. Attitude Objectives – as a result of this class, students will feel: i. Empowered rather than bewildered if they ever receive notice of a class action lawsuit. ii. Empowered to represent themselves in Small Claims Court if they ever wish to bring a claim in Small Claims Court or defend themselves if a claim is brought against them. III. Classroom Methods a. Powerpoint Presentation - Introduction to Class Action Lawsuits (10 minutes) i. Using Powerpoint presentation, provide an introduction to Class Action Lawsuits ii. Distribute outlines to students so they can take notes throughout the lecture iii. Discuss the following: 1. What is a class action lawsuit? 2. How does a class become certified by the court? 3. What happens once the case is certified? 4. What does it mean to “opt out”? 5. What happens if a person doesn’t receive notice of the class action? 6. How is recovery divided? Docsity.com 2 7. How long do class actions typically take? iv. Quick Poll: 1. Do students think this is a reasonable way to hold businesses and corporations accountable? 2. Is the process fair? b. Powerpoint Presentation – Introduction to Small Claims Court (10 minutes) i. Using Powerpoint presentation, provide an introduction to Small Claims Court actions in Washington ii. Tell students to flip their outlines over to the “Small Claims Court” side of the outline and take notes on the lecture iii. Discuss the following: 1. Who can be sued in small claims court in Washington? 2. What are the typical cases in small claims court? 3. How long do people have to file small claims? 4. How much does it cost to file a claim in small claims court? 5. What are the first steps of filing a claim in small claims court? 6. How should a person prepare for trial? 7. What is involved in a trial? 8. Can you appeal in small claims court? iv. Quick Poll: 1. Would you ever bring a claim in small claims court? 2. Is the process fair? 3. What do you think about the fact that attorneys aren’t allowed to participate in the process? Is that a good or a bad thing? c. Activity (25 minutes) i. Explain to students that we’ll be holding our own small claims courts in class today. ii. Before dividing students into groups, explain that each side (plaintiff and defendant) will have than five minutes to argue their case and the judge can interrupt with questions at any time. At the conclusion of the argument, the judge will announce his or her decision. iii. Divide students into groups of three and have students assign themselves roles as plaintiff, defendant, and judge. iv. Distribute the small claims court scenarios to the groups. Make sure each student is aware of their role within the role play and the time constraints. v. At the conclusion of the exercise, the class will reconvene. vi. Each judge will come to the front of the classroom, read to the class the description of the case he or she was adjudicating, announce his or her verdict, and explain the reasoning behind the decision. IV. Evaluation Docsity.com 5 2) What are the typical cases in small claims court? 3) How long do people have to file small claims? 4) How much does it cost to file a claim in small claims court? 5) What are the first steps of filing a claim in small claims court? 6) Can attorneys represent you in small claims court? 7) How should a person prepare for trial? 8) What is involved in a trial? 9) Can you appeal in small claims court? SMALL CLAIMS COURT ROLEPLAYS SCENARIO #1: Fits of rage allegedly gave way to the kicking of a truck and the breaking a cell phone; ex-boyfriend and girlfriend fight over the resulting damages. Docsity.com 6  Facts: o Tommy and Tanya dated for 2 years but broke up last month after Tommy discovered that Tanya had been actively searching for love on Match.com. When Tommy confronted Tanya about her profile on the dating website, a violent fight ensued. During the course of the fight, Tanya kicked Tommy’s beloved Ford F150, badly denting the driver’s side door. In retaliation, Tommy threw Tanya’s new iPhone, shattering the screen and badly scratching the case. o Tommy is suing Tanya for the $300 worth of damage to his truck and Tanya is counter-suing Tommy for the cost of a new iPhone ($600). SCENARIO #2: Jane accuses Jamie, her ex-boyfriend of purposely destroying her computer and printer; Jamie countersues for the return of his clothes.  Facts: o Jane and Jamie met in law school and dated happily for 1 ½ years. Jane, always the better student, helped Jamie prepare for his Constitutional Law exam. Despite Jane’s best efforts to tutor Jamie, Jamie failed the exam. Believing that Jane’s poor tutoring skills were responsible for his failure, Jamie flew into a fit of rage and destroyed Jane’s laptop computer and her HP printer. o Jane is suing Jamie for the cost of the computer and printer; Jamie is counter- suing Jane for the return of a jacket, sweatshirt, hat, and t-shirt that Jane borrowed while they were dating. SCENARIO #3: After knocking out a friends's teeth with his elbow during a game of basketball, a player offers the injured party a clear shot at his face so “they'll be even.”  Facts: o Lance and Larry have been good friends since they met while playing varsity basketball for Chief Sealth High School. Now in college, Lance and Larry still meet up once a week for a friendly game of pick-up basketball at a local gym. Two weeks ago, during their regular game, Lance accidentally knocked out Larry’s two front teeth while going in for an offensive rebound. o Larry is suing Lance for the cost of his medical bills (approximately $2,100); Lance is refusing to pay the bills because he claims it was a harmless accident. Because Larry has always been a good friend, however, Lance says he’ll let Larry take a swing at his face so “they’ll be even.” SCENARIO #4: A bloody fight between dogs leaves pet owners fighting over veterinary bills. Docsity.com 7  Facts: o As she does most Sundays, Chris took her beloved Chihuahua, Beast, for a walk in a local dog park. The park was relatively empty on a recent Sunday so Chris decided to let Beast off the leash so he could run around. After Chris let Beast off the leash, she bent down to tie her shoe and a moment later, she her loud barking and Beast’s unmistakable cry for help. Chris looked up in horror to see that Beast was being attacked by a large Doberman named Tinkerbelle, who had also been let off her leash by her owner, Carol. Chris and Carol managed to separate the dogs but not before Beast and Tinkerbelle inflicted serious harm on each other. o Chris is suing Carol for the cost of Beast’s vet bills (approximately $900) and Carol is counter-suing Chris for the cost of Tinkerbelle’s vet bills (approximately $250). SCENARIO #5: Accused of stealing a neighbor's furniture, a woman claims it was abandoned during a move.  Facts: o As Shannon left for work on Friday morning, she noticed that a large moving van was parked outside her neighbor’s house. As she walked past her neighbor’s house, she overheard her neighbor telling the movers that she needed the move completed by that evening because the weather was supposed to turn bad the following day and she didn’t want to have to move her furniture in the rain. When Shannon returned home from work that evening, she saw that the moving van was gone and her neighbor’s house appeared to be completely empty. Shannon also noticed that her neighbor had left an old couch and loveseat on the front lawn. Shannon assumed that her neighbor meant to give the old couch and loveseat away, which is why she had left it outside. Shannon was looking for some new furniture but decided that she would wait until Sunday to see if her neighbor came back to retrieve the couch and loveseat. Sunday evening rolled around and Shannon’s neighbor had not returned to collect the loveseat and couch. Shannon moved the new furniture into her living room. The following weekend, Shannon’s neighbor knocked on her door and accused her of stealing her furniture. o Shannon’s neighbor is suing her for the cost of the couch and loveseat (approximately $300). Shannon is arguing that by leaving the furniture outside all weekend, the neighbor had clearly decided to abandon the furniture. SCENARIO #6: When a teenager is at fault in an uninsured car accident, his divorced parents fight over who should pay to fix the vehicle.  Facts: Docsity.com