Opening Statement on the Case of Barron vs PGA
For this assignment, you will prepare an opening statement in response to a previous court's decision on the case of Barron vs PGA. Opening statements are statements to the jury made first by the plaintiffs' attorney and then by the defense attorneys setting up the circumstances and rationale of the legal complaint (plaintiffs) and the reasons for dismissing the claim (defense). Whoever was on the losing side of the case has appealed the court's decision. You will choose one of the sides in the case as your "client" and you will prepare a brief opening statement outlining why the previous court was correct in their decision (if they decided in your favor) or why they were wrong (if they decided against you). Below are the elements that you should have within the opening statement and the rubric for each section:
Exceeds Expectations
Meets Expectations
Does Not Meet Expectations
Content Includes:
introduction of self
credible case theory/ theme / motto
summary of what happened
summary of relevant testimony
legal elements and review of applicable law
Content Explains:
what you want judge/jury to decide
Clearly, accurately and specifically includes & explains all required content.
Case theory / theme /motto clear and memorable.
Legal elements and review of law correct and phrased in jury-friendly language.
Analogies fit and enhance jury understanding.
Clearly states how jury/judge should decide case.
Clearly and accurately includes & explains all required content.
Case theory / theme /motto clear.
Legal elements and review of law correct and understandable.
Analogies fit
Tells how jury/judge should decide case.
Mostly accurate and/or clear explanation of required content.
OR left out one aspect of required content.
Case theory / theme /motto unclear or not included.
Aspects of legal elements and review of law unclear or incomplete.
Did not tell jury/judge how to decide case.
Organization
Includes introduction and conclusion
logically organized
tells story of case
Effective, creative introduction
Clear sequencing that logically weaves together all required content
Effectively tells story of case
Balanced details
Effective, creative conclusion.
Clear introduction
Clear sequencing of ideas / required content
Tells story of case
Details fit
Effective conclusion.
Student’s Name
Affiliation
Course
Professor
Due Date
Opening Statement
Your Honors, I stand before you today as counsel for the defendant, PGA Tour, Inc., in the appeal of the case Barron v. PGA Tour, Inc. We respectfully submit that the lower court's decision was correct and should be upheld. Your honor, this case is about a competitor who does not want to play within the set rules. Stephen Douglas Barron, as a golfer with PGA, has paid the dues to PGA Tour and agreed to respect the rules and policies that guide golfer’s participation in the PGA Tour events. However, Barron does not abide by the rules requiring him to avoid the use of banned substances, specifically exogenous testosterone and propranolol.
The PGA Tour, Inc. is a professional sports organization that is committed to providing fair and equal opportunities for all of its players. Mr. Barron, the plaintiff, in this case, is a talented golfer who has worked hard to compete at the highest level of the sport. However, Mr. Barron violated the PGA’s Anti-Doping Program that came into effect for using Propranolol and exogenous testosterone without a Therapeutic Use Exemption (TUE). Barron had applied for two TUE to allow for the use of propranolol and exogenous testosterone. The TUE committee reviewed Barron’s applications and recommended that Barron should reduce his use of propranolol and stop using exogenous testosterone. However, Barron was found positive for using the two substances and playing in St. Jude Classic golf tournament in Memphis, Tennessee, which began on June 8, 2009. Consequently, PGA Tour suspended Barron for one year from participating in PGA tour events.
Though Barron could have appealed the decision within the mechanisms provided by PGA Tour, he opted to file a lawsuit alleging that PGA Tours had violated Title III of the Americans with Disabilities Act. The lower court rightly dismissed Barron’s application for a temporary restraining order noting that Barron had failed to offer sufficient evidence to merit his claims. The court did not offer relief to Barron as he could not prove that such an action was demanded by the circumstances under consideration. Today, the competitor who does not want to play by the rules has convened this court to see if he can get his way.
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