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Clarification Number/Material |
Clarification
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Clarification Issue Date
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1. Case |
Assume that the trial is taking place on the respective days in May (10th & 11th) of 1977.
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4/15/02
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2. Case |
Although historically inaccurate, for purposes of the National Championship, assume that both men and women were subject to the draft for the Vietnam War.
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4/15/02
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3. Case (Pretrial Order)
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On p. 13 of the Pretrial Order, there is a stipulation that all exhibits may be used by either party, insofar as they are relevant.
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4/15/02
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4. Case
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Add the following language to the Pretrial Order signed by the Court: "An 'entrant' or 'invitee' is a person who enters or stays on the property of another, and is not a trespasser. A possessor or property or the owner of a ship in navigable waters has a duty to an entrant or invitee to use reasonable care to protect him or her from unreasonable risk of harm caused either by the condition of the premises or caused by the activities on the premises."
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4/15/02
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5. Case (Witness Statements Generally)
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Where a witness indicated in his/her affidavit that s/he has reviewed
another witness's statement or an exhibit, it is assumed that s/he has
done so, and it is irrelevant that the date of said statement or exhibit
post dates his/her own statement.
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4/15/02
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6. Case (Witness Statement of Gale Storm)
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For purposes of geographical accuracy, on p. 14, #5, 5th sentence, change " . . headed for the Zug River just outside of Detroit on Lake Michigan" to ". . .headed for the Detroit River just outside of Detroit on Lake Erie."
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4/15/02
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7. Case (Witness Statements of O'Brien & Peterson)
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The affidavits of Giffy (pronounced with a hard "G", as in "give") O'Brien and Tracy Peterson refer to three damaged hatches. Both references should be changed to four.
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4/15/02
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8. Case (Witness Statement of Tracy Peterson) |
On p. 28, #16, 4th sentence, change "Even if the Coast Guard is correct in its conclusion, . . .to "Even if the NTSB, in its Marine Accident Report, is correct in its conclusion, . . ." |
4/15/02
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9. Case (Exhibit 2)
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Although the Corporate Headquarters of Sleeping Giant Shipping is in Milwaukee, WI, the letter O'Brien (on p. 30) was addressed to the CEO at their Duluth, MN office. |
4/15/02
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10. Case (Exhibit 3)
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The fact that the Captain of the Anderson reports in the log entry for 10 Nov 1975 at 1:40p.m. that "I'm going to haul west for a while" while the map (Exhibit 4) does not clearly indicate westward movement is something that teams will need to reconcile for themselves, i.e., it is not an error in the problem.
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4/15/02
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11. Case (Exhibit 5)
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In the schematic on p. 36, the 21 hatch covers on the vessel
may be referred to by number, beginning with Hatch #1, closest to the Bow
and ending with Hatch #21, closest to the Stern. |
4/15/02
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12. Case
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You may use the dimensions of the Fitzgerald found in
the Background & Introduction on p. 5.
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4/29/02
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13. Pretrial Order |
Aside from the 3 witnesses identified as experts on p. 12 , teams may attempt to qualify any other witness as an expert.
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4/29/02
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14. Pretrial Order
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With reference to p. 12, paragraph 2, second sentence: while only one count of negligence must be proven, all jurors must agree on the same count (i.e., type) of negligence. |
4/2902
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15. Stacy Clark Affidavit
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1. On p. 25, #6, line 2, it should be "radars" that are down, not "radios."
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4/29/02
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16. Exhibits 4, 5, 6
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These exhibits were created by Sleeping Giant Shipping and have been on file with the US Coast Guard since before the date of the sinking.
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4/29/02
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17. Clarifications
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Please note that changes have been made in Clarification #1 (1977 changed to 1978) and Clarification #7 ("A possessor of property. . .") |
4/29/02
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