Scott Fegley Conducts Mock Trial for
Quarry Hill Elementary

On May 20, 2005, Mr. Fegley presented a mock trial involving the Fifth Level students at Quarry Hill Elementary School as part of the “Pennsbury Partnership Program.” PPP is an innovative program in which the Pennsbury School District invites business and community leaders into the classrooms to share their experience with the students. Mr. Fegley selected the case for the mock trial and prepared the plaintiff's team of attorneys and witnesses. William Pelosi, Esq., from Obermayer, Rebman, Maxwell & Hippell in Philadelphia, worked with the defense attorneys and witnesses. The Hon. Michael Burns from the Pennsylvania Magisterial District Court 07-1-11 presided at the trial.

The students played the parts of the attorneys, witnesses and jurors. They re-enacted the case of Hood v. Nesbitt , a civil action from 1792 involving the shipwreck of a merchant vessel. The American sailed from Philadelphia in December 1785 bound for Fayal, Portugal. Once there, the ship's captain, William Keeler, agreed to assist another captain whose mutinous crew sailed off with his ship. While in pursuit of the mutineers, the American was wrecked in a storm.

The issue for the jury was whether Captain Keeler committed the offense of “barratry,” the unauthorized use of the merchant's ship for reasons of self-interest. If Captain Keeler acted out of self-interest (a large reward had been offered for capture of the mutineers), then the merchant, John Hood, could collect the insurance money for his ship. However, if Captain Keeler merely deviated from the voyage with noble intent, Mr. Hood could not collect the insurance money.

After brief deliberations, the student jury returned a verdict in favor of the defense finding that Captain Keeler acted with unselfish motives. The jury in 1792 reached the same verdict.

Mr. Fegley plans on presenting a mock trial as an annual event at Quarry Hill through the Pennsbury Partnership Program.

The Firm Welcomes Rodney Warner, Esq.

Rodney Warner has joined the firm as a part-time associate. Mr. Warner graduated from Syracuse University in 1987. He worked as a newspaper reporter and paralegal before attending the Western New England College School of Law. He received his Juris Doctorate there in 1994.

Test Your Legal Knowledge!

Win a pair of tickets to a future Phillies game by answering the following five true or false questions correctly. If more than one person answers all five questions correctly, a random drawing will be held to determine the winner. If no one answers all five questions correctly, the person with the most correct responses will be the winner. E-mail your responses to us.

1. A hostile work environment can arise from sexual harassment only.
2. In order to be eligible for family medical leave, you have to work for the employer for a year.
3. “At-will” means either the employer or the employee may end the employment relationship at anytime with or without notice for any reason or no reason at all.
4. You have to go to arbitration (rather than court) if the contract you signed has a mandatory arbitration clause.
5. A jury is always made up of twelve jurors.

Answers to the Last Issue's Quiz:

1. False. “Limited tort” precludes recovery of damages for minor injuries.
2. False. New Jersey has a 3-day attorney review period for real estate transactions, but not Pennsylvania.
3. True. Non-exempt employees receive time-and-a-half for overtime.
4. False. A 1099 form does not conclusively establish an independent contractor relationship.
5. True. Title VII prohibits discrimination based on race, sex, religion, color and national origin.

Last Issue's Winner: Ginny Fiorentine