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CASE 2: FETAL ALCOHOL
SYNDROME
Sydney A.Zandria W.Dennise A.Ravina Z.
THE BRIEF SUMMARY James Dixon and Jessica
NordeenMet in high school Senior year: Expected a babyBoth were part of all drinking
crowdsLoved to party every nightDrinking problem with
JessicaDid not worry about the
effects of her baby
THE PROBLEM Jessica had a drinking problem Had alcohol during her pregnancy
Especially In the first three months Had a baby boy name Seth
Born smaller than the average baby sizeBirth defectsFussy, extremely active, irritable, easily
distractedDiagnosed with Fetal Alcohol Syndrome in
Kindergarten
Jessica left James when Seth was three Jessica inherited money from her
grandfather James asked Jessica for half of her
inheritance for Seth’s trust fundNeeds for Psychological, Medical, Special
Education Jessica says NO
Her thoughts: Unfair because she did not know she was pregnant in her first three months
Thinks no one should tell her what to do with her body.
AFFIDAVITS AND DEPOSITIONS
Affidavits: A statement in writing that is made under oath
• Depositions: • Testimony taken down in writing under
oath before a trial
Collected during the discovery phase of a real court case when attorneys are gathering information
AFFIDAVIT OF SHEILA MICHAELS, M.D
AFFIDAVIT OF GERALDINE TRAINER, M.S.W., BILLINGS COUNTRY SOCIAL SERVICES
AFFIDAVIT OF GREGORY BUCHNER, M.D
AFFIDAVIT OF ANDREW HUNT, PARENT OF CHILD WITH FAS
EXAMPLE OF DEPOSITION
IDENTIFY APPLICABLE LAWS TO THE CASE RELEVANT LAWS
ConsumptionsUnder 21 is illegal to consume alcohol unless
allowed to drink alcohol by his or her parent/ legal guardian in his or her home. It is illegal for parents to provide alcohol to their child’s friends. . Purchasing and providing
only exception to purchasing and providing is if parents of minors give alcohol to them in their own home any other situation is illegal
Possession it is illegal for under 21 to posess alcohol with
the intent of drinking it someplace other than the home of their parent of guardian
ILLEGAL WAYS OF ALCOHOL An adult allowing anyone under the age of 21 to
drink alcohol on his or her property. Give, sell, or provide alcohol to anyone under 21 buying or attempting to buy alcohol under the
age of 21 asking anyone under 21 to buy alcohol. Illegal to
allow under 21 to use your driver’s license to buy alcohol
THE FIVE CASE LAW SUMMERY
CASE LAW 1: JONES VS. ANYTOWN RACEWAY INC (1995)
In order to sue for negligence there must be a responsibility that the defendant failed to meet. He or she must also have caused damage to the plaintiff that can be compensated.
Duty the plaintiff had a legal duty to protect the injured
person from harm Breach of Duty
The plaintiff failed to complete their duty Causation
the failure to complete tasks that would have protected the injured person caused the damage
Compensable damages the harm is recognized by law as deserving
compensation
CASE LAW 2: HOLLY VS. ANYTOWN HOTEL (1959)
Have enough common sense to understand when something bad could happen in a situation
CASE LAW 3: LU VS. LOPEZ (1995)
An accident is considered foreseeable if a person of average intelligence could see that an accident was possible
CASE LAW 4: JONES VS. ANYTOWN COMMUNITY CHURCH
Negligence is doing or not doing what an ordinary intelligent person would to in the same situation.
CASE LAW 5: BLACK VS. ROSS INC.
Weather a person is responsible for another depends on their relationship and/or how apparent harm / danger can be foreseen.
BACKGROUND INFORMATION ABOUT ALCOHOL
Alcohol is the most commonly used drug.
After drinking alcohol for a long period of time, the following changes in behavior starts to happen :SedationAnxiety reduction Impaired learning and memoryEuphoria
Intake of large amounts of alcohol can lead to loss of consciousness, coma, or death.
There is no explanation for why some people develop problems with alcohol
Heavy drinking is associated with many negative consequences
People who suffer psychological distress and rely on alcohol to relieve their stress
The amount of blood and alcohol in a person’s system is called blood alcohol level
A person’s blood alcohol concentration is determined by how many drinks they have had over time.
Two drinks of alcohol can cause:Less inhibition Some changes in judgment Dulled sensesSlight impact on reaction time and
fine motor skills
OUR THOUGHTS FOR THE OUTCOME OF THIS CASE 2: FETAL ALCOHOL SYNDROME
GUILTY Should provide the money for her son,
Seth Based on the Black vs. Ross Inc., Jessica
had a responsibility with Seth based on their mother/son relationship
Based on the rulings of Holly vs. Anytown Hotel, Jessica knew the possible effects with her drinking during pregnancy.
VIDEO http://www.youtube.com/watch?
gl=US&client=mv-google&hl=en&v=Oxy3qoKD0I8&nomobile=1
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