Objections
This exception states: A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
What is Present Sense Impression
Every single witness in the trial FIRST AND LAST NAME
What is: Landon Norris, Eden Yamal, Parker Rose, Morgan Jacob, Finley Gray, Charlie Weaver, Emerson Brock, Aggie Stackhouse, Sage Everly, Laurie Alsaffar, Nat Prescott
This case law states:
The elements of negligence are the following: (i) the existence of a legal duty owed by the defendant to the plaintiff(s); (ii) the defendant’s breach of that duty; (iii) harm suffered by the plaintiff(s); and (iv) proof that the defendant’s breach was the direct and proximate cause of the harm that the plaintiff suffered
What is Lynch v Miller
This is how much time you have for direct examination and cross examination. EACH
What is 25 minutes
Steven and Sarah's Birthday Months
hint: they are soon
What is November and December
You are directing Morgan Jacob on the Plaintiff, and Jacob begins to testify to their own statements. Opposing council objects to hearsay in regards to Morgan Jacob's statements being an out-of-court statement being used for the truth of the matter asserted. This is what you would argue to get Jacob's statements onto the record
What is Pre Trial Order #3
If this witness is not testifying, exhibit 1a is readmitted
What is Charlie Weaver
This case law states:
The hearsay rule is only implicated where an out-of-court statement is being used for the truth of the matter asserted. If it only matters whether the out-of-court statement was made (not whether it was true), then the hearsay rule is not implicated.
What is Chambers v By the Book Publishing
This is the order of a trial
What is Pre Trial, Opening Statements, Plaintiff Case In Chief, Defense Case In Chief, Closing Statements
The unavoidable accident defense
What is: the Dip Fire would have occurred even absent any negligent conduct attributable to Defendant
Parker Rose: Jacob said workers were not paid for each pole they inspected, instead of being paid by the hour.
Attorney: Ma'am, why do you think that change occurred?
The objection you can raise to this line of questioning
In order for Parker Rose to answer that question, they would need to guess why MG&E made the change from hourly pay to pole pay
This section of the D&M Manual States:
Following a reported vehicle-versus-pole or similar third-party contact, the Coordinator shall assess and document the report. Where the report indicates displacement of a pole or equipment, a leaning pole, or a compromised conductor or attachment, the Coordinator shall dispatch a field resource for verification. Otherwise, the Coordinator may schedule inspection by the next business day where SCADA indicates no Confirmed Fault. A third-party report, standing alone, does not constitute a Confirmed Hazard.
Section 4.2.1
This case law states:
MRE 703 does not permit experts to testify or present a chart in a manner that simply summarizes inadmissible hearsay without first relating that hearsay to some specialized knowledge on the expert’s part. The Court must distinguish experts relying on otherwise inadmissible hearsay to form scientific conclusions from conduits who merely repeat what they are told. The testimony of the former is admissible; that of the latter is not. At the same time, statements that would otherwise be admissible are not inadmissible simply because they are offered by or through an expert witness.
What is Richards v Mississippi Barbecue
The expert witness is giving substantive testimony on information, and you know they lack the credentials and knowledge to be able to testify to those statements. This is what you can do
What is a Voir Dire
The intervening and superseding affirmative defense
What is: one or more of the following were intervening and superseding causes of the Dip Fire- 1) A third party crashing into MG&E's utility pole, 2) The Storm; and 3) The foliage in the area
Atty: Why couldn't you sleep?
Witness: All I could see was her face every time I closed my eyes. The screams, the burning house-- it was-- it was a lot. All I can ever think about is my wife and kids. Today would've been my son's birthday.
What obj could you make to that question?
What is 403: More prejudicial than probative
This statement is in which witnesses affidavit: "I didn't see anything sparking. The wires were still attached to the pole, though they were either slack (on one side it was leaning toward) or pulled tightly (on the other side). Fortunately, none of the wires snapped or fell while we were there. The one streetlight was still lit, so it seemed like there was still power."
What is Eden Yamal
This case law states:
It is up to the fact finder to determine the credibility of each witness’s testimony. A fact finder, whether jury or judge, may choose to credit all, some, or none of a witness’s testimony and may credit one part of a witness’s testimony without crediting others. At all times, the fact finder may consider the witness’s interest in the outcome of the case. However, it is not appropriate for a testifying witness to determine the credibility or otherwise opine on the credibility of another witness. Such a determination or opinion by a testifying witness is not relevant under the MRE.
What is Shakur v. Wallace (1994)
The four judge preferences asked during pre-trial
What is: (1) all objection arguments are heard outside the presence of the jury, (2) when an objection is sustained, move to strike offending testimony or assume stricken, (3) permission to set up demonstrative aids or state for the record, (4) permission before approaching opposing council, the witness, or the bench, or state for the record
What is rule 107?
A demonstrative is more prejudicial than probative
The four prongs of Rule 702 Testimony by Expert Witness
A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:
What is :
(a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
This statement is from this exhibit: "Sounds like the right call to me. If the power is on and the board is clean, keep monitoring and let the morning crew handle it."
To receive full points you must name the exhibit number, and the declarant
What is Exhibit 9b and Aggie Stackhouse
The two cases laws that apply to an affirmative defense
What is Purdue v Waldie (1969) and Carter v Meyer (2017)
These two rules invoke the constructive swearing-in and sequestration of all witnesses barring party representatives
What is rule 603 and 615
Name 3 victims of Dip Road Fire
What is Ali Alekri, Coby Ackerman, Maya Buckley, Elijah Donovan, Isabella Kelly, Jack Martinez, AJ Palacios, Leena Saif, Ryan Sanghavi, Emberlynn St. Hilaire, and Isabelle Townley