Teacher Meeting -- January 18, 2017

Our case is a criminal case.

Here are the case materials:  http://www.lawrelatededucation.org/images/MockTrial_2017_Case.pdf

These are the exhibits we can use:  http://www.lawrelatededucation.org/images/2017_Case_Exhibits.pdf


Here is the handbook:   http://www.lawrelatededucation.org/images/2017_Handbook.pdf

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

Anderson
pp 7, 10

Final
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

Mock Trial Videos

A Trial to Watch:
https://www.youtube.com/watch?v=uUPpkZk8pFg
Opening Statement: about 29:00
Another:
https://www.youtube.com/watch?v=CVHAI5jW6Qs

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)

Mock Trial Workshop December 7, 2016

Witness Workshop
"Strategies"

How to be a Witness. . . .   The purpose is to provide some basic strategies on how to. . .

Develop Your Character
Read your witness statements. . . .
        forward, backward, upside down and backwards
        You can't have any notes.

"Think in Character"
       Write a short biography & include. . .
           (Have you seen the Star Trek movies [or television shows]? -- Mr. Spock -- There is a book by Leonard Nimoy -- He tells how he developed the character of Mr. Spock --Mr. Nimoy developed the character by using things from his own life.  Used experiences, emotions, resources to own that identity of Mr. Spock in Star Trek.

"Think in Character", cont.
        As you write your biography. . .
         
              Where were you born?      
               Birthday? Year and date?  
               How old?
              Address?
              Describe the place you live.
                   the town?           the building?
              Job?
              Friends?
              Hobbies?
              Favorite thing to do?
              Five of your likes.
              Five of your dislike.
              If I was a movie, what would I be?
              If I was a book, what would it be?
              If I was a car, what would it be?
              If I was a pet, what would it be?
              If I was a song, what would it be?
              If I was an insect, what would it be?
             


  You begin to think in three dimensions, your character is becoming a real person?
   . . . seeing in color instead of in black and white. . .

"Think in Character", cont.
"Think in Character", cont.
        Categorize Your Character. . . .
Do you see how this can help?
        As your imagination fills in the grey areas. . . A personality will emerge

        Next, talk about yourself (the character) out loud.
        Get parents and friends involved.
    Nimoy, "The more I cloaked myself in the character, the more I became the character."
      Look in the mirror and say "I am you."  "You are me."


Courtroom Basics
Dress appropriately
Sit in order of appearance.
When introduce yourself -- spell your name.  
Remain standing until the whole team has introduced themselves.    Where do witnesses sit? 
"Good evening, you honor. . . . "
Sworn in speak clearly "Yes, I do."
Sit up sraight, don't swivel
Speak up.


Never shake your head or nod,
Cross, yes/no, short answer

Look at judge for explanations
short answers, can look at attorney -- if one-on-one
Always, "Yes, your honor"  "No, your honor."
Stay in character.

If the judge asks you a question, don't panic, you have an answer.


Witness #1
During direct
Know the questions our attorney will be asking.
Practice with your attorney
Appear confident
Make sure you do not have any inconsistencies in your testimony

Physical evidence
Look at the evidence
(attorneys lay foundation)
answer yes or no
Attorneys ask relevant questions and witness answer

Expert witness -- be professional  --

For all, get the information from the witnesses in your examination

Witness #2 -- qualifying an expert witness
During Cross
anticipate questions that will be asked and prepare answers
act confident
always speak loud and clear
be responsive
listen and think before you respond (not too long, but do not rush)
only give the facts as you know them
don't be defensive  be confident,  appear truthful

objections
facts outside record
creating a material fact


Witness #3   cross,  Was the witness nonresponsive? -- attorney replies

You are. . .
the expert on your witness statement
To know your witness statement backward, forwards, sideways,
Practice, practice, practice with both attorneys for cross and direct



Basic Witness Info
statements are voluntary -- sole source of information
cannot be questions on anything you have heard in court or is contained in another personal statement
"lack of personal knowledge."

Attorneys need to protect your witness.

If not consistent -- IMPEACHED!  affects scores big time

hearsay and relevance


You Need to Know. . .

Courtroom example

Witness Impeached

Rules for Witnesses
you cannot use notes
all witnesses must be called -- watch your time
don't waste time
witness statements are the statements given to the police
witnesses may be impeached
witnesses may NOT use costumes, Inappropriate attire or makeup or props
normal speaking voices -- no ethnic or unrealistic accents
Do NOT use a monotone voice


Attorneys can ask for a time check.


Rules for Witnesses
Use normal voices. . .  DO NOT USE MONOTONE.

Final Reminders for Witnesses
You are the expert
know your witness statement
stay in character
Practice, practice, practice

*********************************************************
The Objections Game

(don't hold onto the table) What to do when you are making an objection --

Use one of the following
Is it a proper question
Argumentative
Hearsay
Relevance
Leading
Asked and Answered
Speculation

The defendant is on trial for the murder of Beverly Hills actress Sandra Stiff
Valid Question?
or
Objection Your Honor?

State your name
state your profession if any

Do you like going to parties?
relevance
(leading)

Where did you happen to be on the evening of December 31st 2009?

Were you personally acquainted with the defendent?
Please tell us when you arrived at Sandra's party?
Did you happen to notice whether or not the defendant ever arrived at the party?
Isn't it true that the defendant had his eye on Sandra all evening?  (speculation?  Leading? )
What, if anything happened while you were at the party?
What did you hear? (hearsay)
What happened next?
What startled you? (after her testimony. . . )
Did you dial 911?
What else did you observe, if anything?
Tell us what you think Sandra was trying to tell you?  (speculation)
While you were with Sandra did you see anything that looked like a potential weapon?

Cross
ask for redirect -- if needed -- don't drag out
ask for witness to be excused

Direct of the expert witness

State your name
By whom are you employed
Did you do the autopsy on Sandra Stiff?
When you did the autopsy, did you have any idea what you were doing?  (argumentative)
Do you enjoy your work?  (relevance)
What did the guests at the party say about the time of death?  (hearsay)
Could you tell us the approximate time of death?
Tell us why somebody would want to kill Miss Stiff (speculation)
What did you find as a result of the autopsy thea was performed
How can you expect the judge to believe that?  (argumentative)  (Objection, counsel is being argumentative.)
Doctor, if you can, be more specific about the cause of death
Please, if you could, describe some of the charahcterics of cynide poisoning
Isn't it true that your evidence points to the Defendant?  (leading)
What evidence, if any, did you personally obtain linking the defendant to the death. . . . .

other objections
nonresponsive
arguing fact not in evidence
lacks personal knowledge
narrative
lack of foundation
See handbook

Where you personally acquainted with the defendant?
answer goes on (narrative)
or nonresponsive
if judge rules against Your Honor, may I be heard
everything after yes needs to be stricken from the record  Ask the judge that this be stricken from the record.       narrating -- nonresponsive?  


Red Flag Words
I think, I feel, I believe -- speculation, opinion -- improper
could, would, should
hear, said, tell

beyond the scope of cross




















    

       

Thursday, December 1, 2016

We learned about introducing evidence (physical evidence).  See page 24 - 25 in this handbook:

http://www.lawrelatededucation.org/images/docs/Handbook.pdf

Mock Trial Workshop Wednesday 12/7/16 4- 6:00 PM Victoria Dyatt, our Mock Trial Coordinator, will be presenting workshops on "How to be a Witness", "Understanding Objections", and more.  Date: 12/07/2016 (Wed.) Time: 4:00pm - 6:00pm MST Location: State Bar Association 645 South 200 East Salt Lake City

Group Yearbook Photos

On Monday, November 21,  our group will be 
photographed during B3.
Wear regular school clothes, but do look good! 

Thursday, November 10, 2016

We began looking at a Mock Trial assault case from 2013.  We will use this to learn about mock trial and to practice preparing a case.

You can find the case at http://www.lawrelatededucation.org/images/stories/Mock_Trials/2013MockTrialCase.pdf





Our Work on the case from AFJr in 2013
http://cavemocktrial2013.pbworks.com/w/page/63159753/FrontPage
Please do not edit.