General Trial Practices
What is the first thing that happens in a mock trial round?
What is PRE-TRIAL?
What is the definition of hearsay?
What is an out of court statement being used for the truth of the matter asserted?
Who is the Defense Party Representative (Battery)?
Who is HARPER MARTINI?
Definition of Relevance (401).
What is a fact making something in the case more or less likely?
What would you do if opposing counsel used inadmissible hearsay in the opening statement?
NOTHING. DO NOT DO ANYTHING. YOU ARE NOT ALLOWED. THEY WILL LOOK STUPID.
When giving an opening or closing statement, what is the first thing you say?
What is "may it please the court"?
If you're a Plaintiff Attorney, what is the exception to using Harper's out of court statements?
What is the occupation of Lonnie Paras?
What is Journalist?
Definition of Declarant
What is someone who said a statement?
What would you do.... if opposing counsel does not discuss the methods that the expert used to come to conclusions?
OBJECT. TO RULE 702.
"Your honor, objection to Rule 702, which outlines the testimony of an expert witness. Opposing counsel has not laid the proper foundation to establish this witness as an expert. Specifically, prongs c and d require a discussion of the reliable methods used by a witness in order to make conclusions. I would ask that opposing counsel first lay that foundation before eliciting any expert conclusions from their witness"
What is the jury?
Let's say you're the crossing attorney for Lonnie. Lonnie says ON DIRECT: "I hate Genesis." Can you bring this statement up again in court? Is this hearsay?
What is YES. This is an IN COURT statement. This si NOT hearsay!
Dr. Kwon's final conclusion about Genesis' death
Definition of Character Evidence (404)
What is testifying to a person's character trait that demonstrates that the person acted with that trait on a specific day/time?
What would you do... if Exhibit 16 was entered by the Plaintiff (an email chain between Danny and Harper)?
OBJECT. to the statements of Danny. These are still out of court statements being used for the truth of the matter asserted.
"Your honor, I have no objections to the statements of Harper Martini, as those are party opponent statements. However, I do object to the statements of Danny Francazio as these are out of court statements being used for the truth of the matter asserted. I ask that these statements be redacted from this Exhibit.
What is Your Honor?
In Angel Rodriguez's Affidavit, Angel states that Harper said (in reference to pesticide) that "it is for Genesis because Genesis is such a pest!" On Plaintiff, is this hearsay?
Nope! This statement was made by the opposing party's representative. This is an exception to hearsay.
Number of glasses of wine that Genesis poured of the Cara at the rehearsal dinner
What is "a couple"?
FOUR PRONGS TO QUALIFY AS AN EXPERT GO
What is (1) their knowledge is helpful to the case, (2) the testimony is based on sufficient data, (3) testimony is the product of reliable methods, and (4) reliable methods were used?
What would you do... if Lonnie Paras says that they have never been to Peony Estates?
IMPEACH. THAT IS A LIE. YOU BRING THE AFFIDAVIT AND SHOW THEM THAT IS A LIE.
What is ONLY during the direct/cross of your witness OR during the direct/cross of your opposing witness? READ: only when it is your turn.
Exhibits 13-17 are emails between Harper and Danny. On DEFENSE, are these hearsay?
Yes. All of it is hearsay. Unless you can find specific exceptions, you cannot enter your own representative's out of court statements. For either side, you definitely cannot enter Danny's.
Name of Danny's winery.
What is Rosie and Pedro?
Name ONE of the exceptions to hearsay (803)
present sense impression
excited utterance
then-existing mental, emotional, or physical condition
medical statement
recorded recollection
regularly conducted activity
public record
... and MORE
What would you do if... you're crossing a witness that refuses to answer with yes or no? After asking them at least twice?
YOU OBJECT. THEY ARE BEING RUDE.
"Your honor, at this point, I object to non-responsive. I have asked the witness multiple times to only respond with yes or no, but the witness has continued to launch into narrative."