Monday, February 16, 2009

Things You Need to Know!

General:

During a mid-break in the trial. You may talk with each other as a team, but you may not communicate at all with your teacher, attorney coach, parents, or anyone else.
Let your parents know this if they plan to come.

If you bring a phone, I will have a bag to keep it in during the trial.

Take this case to the kitchen table. Talk about it with your family, practicing putting it into plain language.

Notes on this case:

Do not expand the facts bases on what you know abut a school setting. However, you may make reasonable inferences based on the world given to us on paper.

Kaden and Alycen: Be aware that the opposing team will question Riley's choices. The legality of what Riley did is, however, not in question. There is no constitutional objection to the search. However, the defense may call into question the method and manner of the search.

Kaden: Consult with your colleagues before closing. Respond to what happened in the courtroom. See handbook, page 38.

Boa: For the opening statement, prepare to tell the story. Have metaphors and crafted phrases to use. See handbook, page 36.

Jack: The defense is using Cameron Cortez as a character witness. Remember that after you cross-examine the defense may recall Cortez, and further question him/her.
When you cross-examine Casey, make sure you've listened to and watched his/her previous testimony closely. Take notes. Do the same for Cameron Cortez.

Jessica: When you cross-examine Dr. Avery Atkinson (appropriate to call him/her Dr. Atkinson) you could focus on the intent: Can you tell what the builder thought it would do?

Boa: We need to emphasize the reasonableness of Sawyer's explanations.

Alycen: Remember that you (Detective Rory Riley) are used to being on the witness stand. You had probable cause for each step you took in your investigation of the case. Each step you took was appropriate.


Witnesses need to know:
About Direct:
Handbook, page 37.
About Cross: Handbook, page 38.

Attorneys need to know:
Direct: Handbook, page 36.
Cross: Handbook, page 37.



Lose yourself in the role. You are a professional attorney. Your desire is to present this case to the best of your ability. You work as a member of a capable team of attorneys, and you have prepared your witnesses well.

Tell the story of the case clearly, in sequence, in opening and in closing.


How to register an objection.

Attorneys: Have the "guts" to interrupt with an objections, but as you do it be civil and professional.
Leave the courtroom as colleagues and friends with the opposing team.

Object if a fact or detail is not found in the witness statement or statement of facts.
However, opinion or interpretation (inference) is okay.

You may use plain language for an objection if you understand the premise (the reason for it).
You should be able to explain an objection, and speak to (answer) an objection.

Be prepared to cite page and line numbers of the statement of facts and of the witness statements -- particularly if you are impeaching a witness. You will have copies of them at your table.

Bailiff: Stop time during objections.

How to appropriately establish a witness as an expert.
Seeking designation as an expert witness --
-- qualifications, -- length of time in the field (experience), -- specific expertise

How to introduce a piece of evidence (exhibit), including laying foundation.

How to prepare and present a line of questioning.
Plan what you will say if objected to on relevance.
How to draft an opening or closing statement.

You need to know that lawyers make plenty of mistakes. If you are stuck, ask permission of the judge to go back and consult with our fellow attorneys.
(That shouldn't count against you.)
There is grace in conceding an error. Adapt in the moment as needed.

If you know the stipulations (p. 85) you will be able to argue against any objections that might involve them.

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