1/30/071/30/07BR- How is BR- How is

Jamie Fulton Jamie Fulton important to the important to the

casecase

Today: Beginning the Mock Trial Case..Today: Beginning the Mock Trial Case..

Mikva People: Training Polling Place?Debate E.C.**

Do you?Do you?

Have a copy of the case?Have a copy of the case? Have a copy of the rules?Have a copy of the rules? Have a copy of the penalty points?Have a copy of the penalty points? Other copies to follow..Other copies to follow..

Read the case..Read the case..

If you were asked to prove If you were asked to prove something how would you do it?something how would you do it?

As a small group come up with something that you As a small group come up with something that you want to prove. (make it up!) be sure to include want to prove. (make it up!) be sure to include the necessary elements.the necessary elements.

You will be asked to present your case.You will be asked to present your case.

What is your What is your burden of proofburden of proof ? Would a changing ? Would a changing burden of proof affect how you would present burden of proof affect how you would present your case? your case?

What are the elements that must What are the elements that must be proved?be proved?

Plaintiff-Plaintiff-

Defense-Defense-

Look at the trial information, “The Litigation Look at the trial information, “The Litigation Process” in the back of the packet.Process” in the back of the packet.

This takes you through every step of the trial.This takes you through every step of the trial.

-Do you understand the difference between direct -Do you understand the difference between direct examination and cross examination?examination and cross examination?

We must understand..We must understand..

From this point forward, your attendance, From this point forward, your attendance, punctuality and successful completion of punctuality and successful completion of assignments not only affect your grade but to assignments not only affect your grade but to what degree and capacity you will participate in what degree and capacity you will participate in the trial. When you enter the room each day be the trial. When you enter the room each day be ready to concentrate on the task at hand and ready to concentrate on the task at hand and focus. To the greatest degree possible all other focus. To the greatest degree possible all other considerations must be left outside the considerations must be left outside the workplace.workplace.

There are 21 total parts in the There are 21 total parts in the Mock Trial CompetitionMock Trial Competition

- 5 Attorneys for the Plaintiff and 5 Attorneys for - 5 Attorneys for the Plaintiff and 5 Attorneys for the Defense.the Defense.

- Witnesses for the - Witnesses for the plaintiffplaintiff: Jamie Fulton,Terry : Jamie Fulton,Terry Tremaine, Dale Vincente, Jordan McKenzie, Tremaine, Dale Vincente, Jordan McKenzie, Reese HathawayReese Hathaway

- Witnesses for the - Witnesses for the defensedefense: Drew Lowell,Taylor : Drew Lowell,Taylor Duran, Blake Levine, Tracy Terrano, Casey LeeDuran, Blake Levine, Tracy Terrano, Casey Lee

- Deputy Sheriff (bailif)- Deputy Sheriff (bailif)

Each Person Should have a dedicated Each Person Should have a dedicated trial binder with the following:trial binder with the following:

1.1. The document I wrote that I handed our on our first day The document I wrote that I handed our on our first day back. back.

2.2. Your written response to that document.Your written response to that document.3.3. Your case packet.Your case packet.4.4. The trial calendarThe trial calendar5.5. ““Mock Trial Procedural Overview”Mock Trial Procedural Overview”6.6. Evidence “Cheat Sheet”Evidence “Cheat Sheet”7.7. A copy of the mock trial rulesA copy of the mock trial rules8.8. A copy of the penalty pointsA copy of the penalty points9.9. A copy of the Circuit court guidelinesA copy of the Circuit court guidelines10.10. ““Persuasion at Trial”Persuasion at Trial”11.11. Any writen work that you do and we hand back.Any writen work that you do and we hand back.

Homework Assignment - Due Homework Assignment - Due Tomorrow!Tomorrow!

Answer the following questions on a piece of Answer the following questions on a piece of paper. Use complete sentences. You must paper. Use complete sentences. You must answer each question with a definitive stance.answer each question with a definitive stance.

1. What part would you like to play in the trial 1. What part would you like to play in the trial (attorney or witness.)(attorney or witness.)

2. If you answered attorney, for which side would 2. If you answered attorney, for which side would you work and which witness would you examine you work and which witness would you examine directly?directly?

Homework Continued..Homework Continued..

3. If you answered witness to question #1 which 3. If you answered witness to question #1 which witness would you like to play.witness would you like to play.

4. Regarding your answer to question #2 or #3, 4. Regarding your answer to question #2 or #3, what reasons can you offer as to why you should what reasons can you offer as to why you should play that part. (Be specific, mention skills you play that part. (Be specific, mention skills you have to offer, feelings you have about the part, have to offer, feelings you have about the part, etc.)etc.)

5. After reading the case, who do you think should 5. After reading the case, who do you think should prevail? What is your rationale for that prevail? What is your rationale for that (supporting arguments.)(supporting arguments.)

Homework Continued..Homework Continued..

6. What is the purpose of the complaint?6. What is the purpose of the complaint?

7. What is the purpose of the answer?7. What is the purpose of the answer?

8. What happens during the 8. What happens during the discoverydiscovery phase of a phase of a trial?trial?

9. Explain what the burden of proof is in a civil 9. Explain what the burden of proof is in a civil case.case.

Homework Continued..Homework Continued..

Jamie FultonJamie Fulton Terry TremaineTerry Tremaine Dale VincenteDale Vincente Jordan McKenzieJordan McKenzie Reese HathawayReese Hathaway

Drew LowellDrew Lowell Taylor DuranTaylor Duran Blake LevineBlake Levine Tracy TerranoTracy Terrano Casey LeeCasey Lee

10. Explain who each of characters is (in a 10. Explain who each of characters is (in a sentence or two.)sentence or two.)

Do you understand why the names are a little strange and the Do you understand why the names are a little strange and the whole “he/she” thing?whole “he/she” thing?

Honors Credit OptionHonors Credit Option

I am always open to ideas for how to qualify for I am always open to ideas for how to qualify for honors credit for this class. If you have an idea honors credit for this class. If you have an idea see me now. You must tell me by see me now. You must tell me by February 4February 4 if if you are going for honors credit.you are going for honors credit.

1 Option: Keep a daily trial journal. In this journal 1 Option: Keep a daily trial journal. In this journal you discuss what happened each day, what you you discuss what happened each day, what you are working on, what’s going on (like a diary.) are working on, what’s going on (like a diary.) After the trial is over, write a 5 page (typed, After the trial is over, write a 5 page (typed, double-spaced, 12pt. Font) paper that discusses double-spaced, 12pt. Font) paper that discusses what you learned during the experience.what you learned during the experience.