Name___________________________________ Period______

“Hot Coffee” Documentary Guide

Directions: First, review the Terms to Know section to understand concepts this film will address. Then, answer the
questions in each section as you view the film.

Terms to Know
 Punitive damages: damages exceeding simple compensation and awarded to punish the defendant;
purpose is to change behavior of the wrongdoer.

 Tort Reform: refers to laws passed on a state-by-state basis which place limits or caps on the type or
amount of damages that may be awarded in personal injury lawsuits.

 Caps on damages: refers to a law that limits the amount a jury can award for damages regardless of the
facts of the case.

 Mandatory arbitration: a process by which parties “agree” to have a third party arbitrator (single
arbitrator or a panel), instead of a jury or judge, resolve a dispute.

 Arbitration clause: clause in a contract that requires the parties to resolve their disputes through an
arbitration process.

Answer the following questions as you view the documentary.

Exhibit 1: The Public Relations Campaign

1. The family of Stella Liebeck explains that there are many people with a “distorted view” of this case.
Identify at least one major misconception the public has had about what they think they know about “hot
coffee” lawsuit with Stella Liebeck vs. McDonalds.

2. Summarize the coffee burn incident that occurred with Stella Liebeck.

3. McDonald’s first offered $_________ on what was initially a $__________ medical problem.

4. According to their manual, what was the holding temperature supposed to be for the McDonald’s water?:
____________________ degrees

5. The Stella Liebeck vs. McDonald’s trial revealed that McDonald’s had over __________ previous
complaints about burns from hot beverages.

6. In what percentages did the jury assign blame in the hot coffee lawsuit against McDonalds?
Liebeck: _____%

McDonalds: _____%
 7. The jury awarded Mrs. Liebeck $160,000 in compensatory damages and $__________ million in punitive
damages.
8. The punitive damage award was reduced to $________________.

9. According to the documentary, tort reform is intended to _____________ the likelihood that you can bring
a lawsuit.

10. Briefly explain some of the lawsuits mentioned which were distorted when reported/spoken about by the
media.

11. How does the documentary portray former President Bush?

Exhibit 2: Caps on Damages

12. One of the most common types of tort reform is called caps on ____________________.

13. Why did Colin suffer severe brain damage?

14. After a three week trial, the jury found that Dr. Knolla’s negligence caused Colin’s brain injury and
awarded the Gourley’s $_________ million in damages.

15. The jury did not know that the law in Nebraska capped all damages. The verdict was reduced to
$_________ million.

16. What is the difference between economic and non-economic damages?

17. What state is used as an example to show the ‘myth’ of health care costs?

Exhibit 3: Judicial Elections

18. The 2010 U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission grants
corporations the right to give ___________________campaign contributions, allowing for even greater
corporate influence in electing judges.

19. Oliver Diaz was a judge on the Mississippi Court of Appeals for 5 years before he was appointed to the
Mississippi Supreme Court in March 2000. In November 2000, he was up for ______________.

20. The U.S. Chamber of Commerce is not part of the _____________________. It is a membership
organization of businesses and is the nation’s largest lobbying group for ______________________.

21. Who did the Diaz family find out had purchased all of the available airtime?
 22. Justice Diaz ran for re-election in 2009 and the Chamber of Commerce ran another well-financed campaign
against him. Justice Diaz ___________ the election.

Exhibit 4: Mandatory Arbitration

23. There are several surveys that show that more than _______________ of the working people in American
are bound to forced arbitration clauses (according the documentary).

24. According to the documentary, how is arbitration “extremely biased”?

Last segment of the documentary:

Fill in the blanks as to how the makers of the film tell viewers to protect their access to the civil justice system:

25. Exhibit One: The public relations campaign ► Be a savvy consumer of _____________: Question
whether or not you are getting the _________________________.

26. Exhibit Two: Caps on damages ► Know your ______________________: Tell your state legislators to
_______________ caps on damages.

27. Exhibit Three: Judicial elections ► Scrutinize _________________________: Research the

____________ of the organization paying for the ad.

28. Exhibit Four: Mandatory Arbitration ► Read your _________________: Tell Congress to support
legislation to ___________ the use of mandatory arbitration.