Learning Law Through Pleadings of the Rich and Infamous

• DOI: http://doi.org/10.1111/jlse.12110
• Published date: 01 December 2021
• Date: 01 December 2021
• Author: Hilary Silvia

Journal of Legal Studies Education

Volume 38, Issue 1, 5–35, Winter 2021

Learning Law Through Pleadings

of the Rich and Infamous

Hilary Silvia, J.D.∗

I. INTRODUCTION

The use of court cases as educational tools is widely established and deeply

entrenched as an effective approach to legal studies education.1Exploring

legal concepts against the backdrop of a known outcome, in the form of a

verdict or a judicial opinion, provides certainty and a foundation for the an-

alytical extension of precedent to new and emerging issues. While educators

frequently import current, newsworthy fact patterns into course discussions,

this article encourages the practice of integrating the actual complaints that

were f‌iled in court, and the allegations pleaded therein, as an effective teach-

ing strategy. Most cases settle, and some do not make it past the pleadings

stage. While not all lawsuits end with a classroom exhibit worthy judicial opin-

ion, they all start the same way—with a complaint; therefore, the complaint

is worth exploring.

Consider Caitlyn Jenner, a decorated Olympian who recaptured the na-

tional spotlight in “Keeping up with the Kardashians.”2One day, while driving

along the storied Pacif‌ic Coast Highway, Jenner rear-ended a Lexus in a mul-

ticar collision. The impact propelled the Lexus into oncoming traff‌ic where

∗Hilary Silvia is an Assistant Professor of Business and Real Estate Law at California State Uni-

versity, Northridge. J.D., Loyola University,Chicago; BBA, University of Notre Dame.

1Lucas Loafman, Aguinda v. Texaco: Oil, Pollution, Illness, and the Quest for Justice,1J. Bus. L. &

Ethics Pedagogy19,19, 20 (2018) (citing John Boehrer & Marty Linsky, Teaching with Cases:

Learning to Question,42New Directions for Teaching & Learning 41, 43 (1990)).

2Bruce Jenner Team USA, https://www.teamusa.org/Hall-of-Fame/Hall-of-Fame- Members/

Bruce-Jenner (last visited Aug 23, 2020) (“Caitlyn Jenner, formerly known as Bruce, is a former

track and f‌ield star who won the gold medal and broke the world record in the men’s decathlon

at the Olympic Games Montreal 1976. One of the most well-known athletes in the 1970s, Jenner

originally played football but switched to track and f‌ield due to an injury. After placing 10th at

the Olympic Games Munich 1972, Jenner returned four years later to win gold in world-record

fashion.”)

© 2021 The Authors Journal of Legal Studies Education © 2021 Academy of Legal Studies in

Business

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it was struck by a Hummer traveling in the opposite direction.3The driver

of the Lexus, Kimberly Howe, was killed, and her adult stepchildren sued

Jenner for negligently causing Howe’s death.4

This devastating, fatal car collision presents a reality-based opportunity

to closely examine the element of causation within a negligence claim. Stu-

dents frequently struggle with the concept of proximate cause, which is of-

ten presented as a theoretical “causal chain.”5This case study presents an

accessible chain of events within a common fact pattern that students can

understand—a multicar collision. Unfortunately, students have seen, and

many have experienced, a car collision. This familiarity allows for the effec-

tive illustration of this causal chain.

II. Teaching the Law Through Pleadings

Academic scholars have recognized that an instructor’s pedagogical ap-

proach and the tone created within the classroom environment affect stu-

dent motivation, noting that “[w]hen students perceive their classrooms or

schools as emphasizing effort and understanding, they are more likely to

adopt mastery-oriented goals.”6Students will readily engage in predictive

analysis when the facts are hypothetical or when there is no future out-

come to prove them wrong. However, when shown a news clip and presented

with the actual complaint f‌iled by the injured party, students recognize the

gravity of the claims and the real-world implications. Someday, somehow,

whether through settlement, summary judgment, or a trial on the merits,

this real case will be resolved. The students are called upon to apply the

law to the facts and arrive at their own conclusions with the knowledge that

they are exploring issues and analyzing concepts presently facing known

3Courtroom Animation, Bruce Jenner—Accident Reconstruction and Animation, YouTube

(Feb. 17, 2015), https://www.youtube.com/watch?v=F9hA8D4k2_4.

4Complaint, Redmond v.Jenner, 2015 WL 2089213 (Cal. Super.) (May 1, 2015) (TrialPleading).

The complaint is attached as an exhibit.

5G. Edward White, The Emergence and Doctrinal Development of Tort Law, 1870–1930,11U.ST.

THOMAS L.J. 463, 513 (2014).

6E. Scott Fruehwald, How to Help Students from Disadvantaged Backgrounds Succeed in Law School,

1Tex . A& M L. R ev. 83, 103 (2013) (quoting Judith L. Meece et al., Classroom Goal Structure,

Student Motivation, and Academic Achievement,57Ann. Rev. Psychol. 487, 495 (2006)).