Framing the Issues for Trial Case Law Flashcards
1
Q
Thomas v. Davis
A
The purpose of the complaint and answer is to frame the issues for trial and permit the parties to frame their presentations accordingly. Defendant’s answers to complaint can’t change mid-trial
2
Q
Karan v. Baboons, Inc.
A
A plaintiff must establish “harm” in order to establish liability on a negligence theory. Only existence of harm has to be proven, not the extent of the harm.
3
Q
Byers v. Walker
A
A factual allegation in a complaint that is admitted by the defendant in their answer should not be excluded at trial as irrelevant or moot if that information would be useful to the jury in evaluating other aspects of the case that remain in dispute.
