Wednesday, January 25, 2017

Trial Assignments for Defense


Jefferson P.  Opening
                     Cross: Chris Hernandez

Caleb L.  Direct: Finau
               Cross: Eli Mohamed

Luke B.  Direct: Lee Morgan Hatch

Greydon M.  Direct: Brett Anderson
                     Cross:  Kennedy Price

Mari G.  Lee Morgan Hatch
Tanner H.  Brett Anderson
Marcus M.  Ryan Finau

Bailiff:  Ryan Bazzelle

Our wiki:


Opening Statement: Ryan B.

Direct for Chris Hernandez: Ryan B.
Direct for Kennedy Price: Luke B
Direct for Eli Mohamed:  Caleb L.

Cross Lee Morgan Hatch: Luke B.
Cross Brett Anderson:  Greydon M.
Cross Ryan Finau:  Caleb L.

Closing Argument: Greydon M.

Chris Hernandez: Mari
Kennedy Price: Tanner
Eli Mohamed: Marcus

Bailiff:  Roscoe Moed

Wednesday, January 18, 2017

Teacher Meeting -- January 18, 2017

Our case is a criminal case.

Here are the case materials:

These are the exhibits we can use:

Here is the handbook:

Time for a trial:  2 1/2 hours max

Notes on the case:
Have fun!

Principle charge: causing a catastrophe
lesser charges
determine what your theory of the case is
    going with principle charge -- identify alternative charge at the outset -- opening

Legal authorities and essential elements
the students should acknowledge the burden of proof and what the elements are (beyond a reasonable doubt)

Example: If with count 1 - identify it is a second degree felony -- knowingly. .
if alternate theory -- is recklessly the definitional element that support your theory
Opening -- identify strategy in terms of witnesses -- don't switch order, but if switch make sure you are showing flexibility, -- based on what happened with cross, etc.  changing strategy

Identify who your witnesses are -- brief  synopsis
if you don't find the elements of causing a catastrophe -- (pick one alternative)

at conclusion of trial -- we will ask this court to enter a finding of (not guilty, not innocent)
make a finding of guilty -- elements have been proved
defense 5 minutes, prosecution 5 minutes
rebuttal -- prosecution
find him/her guilty

Closing argument a summary of what happened in the trial -- score better if capture what happened on the other side -- pick something particular the other side did that disproves the other side's point
Incorporate trial evidence -- not just mock trial  handbook evidence

Paragraph 7 -- don't focus on it  -- will lose time
(manage time among three witnesses)

Determine which exhibits come in with which witness.
Mr. Hernandez -- showing you what has been marked as exhibit ....
Do you recognize
What is it?
is it a fair and accruate representation
how do you know
move into evidence

Which are the critical exhibits?
Who can testify to what?

Don't waste time on academics of "expert."  succinct

No communication, no hand signals, no eye signals,

Mr. Hernandez affidavit -- 18 paragraphs   (not too much on 7) -- important
Make examination succinct enough to hit salient points.
Brief background -- then right into substance

Kennedy Price -- funny
13 paragraphs  be careful of irrelevant evidence  -- pottage, fluff

Make sure the attorney in sinq with
Do recall providing an affidavit for the trial
(refreshing recollection -- Let me repeat my question)

Thinking on their feet.

Eli Mohamed -- Expert   28 paragraphs -- this witness is CRITICAL
small points in several of the paragraph
pp 25, 20 (relevance?)

Def in expertise between the two expert witnesses
question one -- falls in category of exp. of other exp. witness
 Critical  11, 12, 13, 14, 15  substance of work they performed

Morgan Lee Hatch
PP 9

pp 7, 10

determinative witness

Watch out for narration -- bite sized bits

Changes in simplified rules of evidence
Qualifying p. 22 experts  handbook

If can't think of which objection
use relevance 

cross examination
beyond the scope objection -- only available on redirect and recross  p. 19

If stuck, confer with co-counsel.

A battle of the experts?   What exactly p. 22 qualifications
not done in

an expert. . . . . . in the area of  . . . . .  
not too broad, and not too narrow

no fair extrapolation rule -- it is assuming facts not in evidence

hearsay -- address as briefly as possible

creating a material fact not in record
Bailiffs -- must understand procedure
calling the case
presenting the case
if attorney's not looking -- the bailiff must stand up when time if required
"Your honors, time is up for. . . . ."
Both bailiff's stand. . .
according to my calculations -- we have ..... seconds left

How to train bailiffs -- objections --  next question --

leading, occasionally okay -- not critical questions

Recess -- Acknowledge - the court is in recess. We will resume in ____ minutes.

Recall the case.

At least one or two objects per team.

Central Utah Bar Association -- to find attorneys

Thursday, January 5, 2017

Tuesday, January 3, 2017

Playoffs Schedule

Wednesday, February 22nd – Sandy

9:00 – 12:00

(P) Springville A v American Fork (D)

Friday, March 3 – WVC

1:00 – 4:00 p.m.

(P) American Fork v St. John’s A (D)