Judges

UTAH MOCK TRIAL PROGRAM

MOCK TRIAL JUDGE IDENTIFICATION FORM

Wednesday, February 24, 2010

1:00 – 4:00

Orem

Plaintiff Team I.D.     1                               Defense Team I.D.     42

PRESIDING JUDGE

            Sean Hullinger

            Attorney at Law

            Lehi

PANEL JUDGE

            Susan Griffith

            Professor

            J. Reuben Clark College of Law at Brigham Young University

            Provo

COMMUNITY JUDGE

            Sondra Green

            Paralegal

            Heber City

NCIC

1. National Crime Information Center (NCIC) - FBI Information Systems

   NCIC is a computerized index of criminal justice information (i.e.- criminal record history information, fugitives, stolen properties, missing persons). ...
   fas.org/irp/agency/doj/fbi/is/ncic.htm

Financial Responsibility Law

What is a ‘financial responsibility’ law?

A "financial responsibility" law requires you to prove your financial ability to pay for damages at the time you are involved in an accident or are convicted of a traffic violation. This type of law does not require that you have insurance or other proof of financial responsibility at the time of vehicle registration. However, failure to demonstrate the required level of financial responsibility at the time of an accident or traffic violation can result in suspension of your driver's license or revocation of your vehicle registration. Under these laws, the requirement to demonstrate financial responsibility is not based on fault. All parties involved in an accident must show the necessary proof or face the penalties imposed by the law. Maintaining an automobile insurance policy is the most common way to comply with a financial responsibility law.


from http://law.freeadvice.com/insurance_law/auto_insurance/financial_responsibility_law.htm

Objections

OBJECTION SHEET

If arguing for your objection, "My response is that. . . ."

IRRELEVANT
(not important to the case)

LEADING QUESTION
(no leading on direct exam) -- watch for "yes, no, correct"

IMPROPER CHARACTER TESTIMONY
(only the witness’ reputation/character for truthfulness is at issue here)

HEARSAY
(out of court statement to prove the truth of the matter-ask to strike) --- Hearsay -- what someone else had said -- someone not testifying. You could object at various times in the testimony -- if more "hearsay" is introduced. "______ is not in court today."

Possible answer to hearsay objection --- ". . . is a party in this case, and therefore his statements are not hearsay. . . "

IMPROPER OPINION
(not an expert or not the experts area)

LACK OF PERSONAL KNOWLEDGE
(doesn’t have info about the particular issue)

ARGUMENTATIVE/BADGERING
(attorney argues or seems to presenting an argument in the guise of a question)

SPECULATION
(guessing about something) "Objection, Your Honor, calls for speculation." They are guessing about something they really can't know -- such as motivation, what is in someone else's mind, etc.

LACK OF FOUNDATION
(didn’t take information in small steps that make sense or build on the ideas correctly) -- Avoid this one by laying a foundation for further questions.

ASKED AND ANSWERED
(witness has already testified about this)

NONRESPONSIVE
(witness seems to be evading the answer)

CREATING A MATERIAL FACT NOT FOUND IN THE RECORD
(Something being said is materially affecting the outcome of the case)

NARRATION -- When cross examining, you may want to ask the judge to direct the witness to
(witness is going beyond the question asked) answer the question. During the other side's direct, you could make this objection about their witness.

IMPROPER RELIGIOUS TESTIMONY
(using religion to + or - a witness)

BEYOND THE SCOPE OF REDIRECT OR RECROSS
(objection only for redirect or recross-going over info not brought up)

ARGUING FACT NOT IN EVIDENCE (CLOSING)
(counsel on closing brings up info that didn’t get in at trial)

Group Pictures

They will take group pictures for yearbook on February 10.  That will include us.  Please come prepared to be in a picture!

Blood Alcohol Level -- FYI

http://en.wikipedia.org/wiki/Blood_alcohol_content#Effects_at_different_levels

http://www.ou.edu/oupd/bac.htm

Correct Spelling of Names

Please be aware of the following:

Correct Spelling:
Dr. Cortney Baston  Oops!  They just corrected it again.  It's Courtney.
Sidney Young