Law Related to Case Theory
According to Jeff v. Wario's Toolkit, what is the burden Plaintiff must prove their case by?
Preponderance of the Evidence
According to Chambers v. By the Book Publishing Ltd., if it only matters whether the out-of-court statement was made, then is the hearsay rule implicated?
No! It has to matter whether or not the statement is true!
According to Yu-Oh Industries v. Beckstein Alekri, Inc.: Experts should not be expected to include in their reports _______
Every single basic scientific fact known to lay people
What are the two case laws that establish the two affirmative defenses?
Purdue v. Waldie and Carter v. Meyer
True or False: State v. B. F. De la Porta states that the Hearsay rule does not concern itself with implied truth value.
True
Richards v. Mississippi BBQ
What case law establishes the elements of negligence?
Lynch v. Miller
Vir v. Londo Manufacturing Co. establishes that knowledge employees have within their job is......
Treated as knowledge of the company itself
Which case law extends 801d(2) to employees?
Kaplan v. Sikora
When an expert witness testifies to something that is not included in their report, the case law you object under is...?
Kane Software Co. v. Mars Investigations
This case law establishes that unless there is evidence to prove otherwise, texts and emails are from who they purport to be from.
Ginger v. Heisman
Explain to me why Clement v. Mason is important to Defense Case Theory.
It states that any questions and comments attacking the defense's affirmative defense do NOT mean the burden of proof has shifted to the defense. That means Plaintiff still needs to prove their case by a preponderance of the evidence!
Which case law establishes that a corporation is legally responsible and liable for all acts of its employees and agents that occur within the scope of their employment?
McMahon v. Mohan
Which case law establishes that opposing-party statement does not have to be against the party's interest to come in under 801d(2)?
McDonald v. Parks
What does Diamond Design Productions v. Fountain state?
Witnesses may not offer legal conclusions or legal interpretations.
Which case law allows the court to rely on inadmissible evidence when evaluating the admissibility of evidence?
Zomerfeld v. Noto
Under which case law is it established that failure to follow your own internal proceedings is not dispositive of negligence?
Pandya v. Schumock
DOUBLE POINTS (b/c this was not on the slideshow...): What does Moore v. Campbell establish?
Hint for the returners on your teams: This is the same thing Ahmed v. O'Keefe established last year.
Hint for rookies: Think about the category... This is a case law that will cause striken testimony.
If a witness becomes unable or unwilling to respond to otherwise proper questions on cross-examination, the trial court must strike the witness's testimony in its entirety.
DOUBLE POINTS (b/c this was not on the slideshow...): Which case law establishes that hearsay applies to both witnesses that are not currently testifying and witnesses who are currently on the stand?
*Ask your returners, this was in the case last year...
America's Best Cookie v. International House of Waffles
What is the objection you should raise when Opposing Counsel objects to Diamond Design Productions v. Fountain?
QUADROUPLE POINTS (b/c this was not on the slideshow... and it's really really hard...): This case law states that even though the MRE states Character Evidence refers to "person" and "persons," it applies equally to companies, corporations, partnerships, and other legal entities.
Coburn Camera Crew v. Ellicott City