Fact Pattern
In the affidavit of Alfonso Lopez, he states that he contacted Miguel Rodriguez about purchasing a car listed on Facebook Marketplace for how much money?
$2,500
Which attorney asks the first witness on their side open-ended questions to highlight credibility and obtain responses that support their side?
Direct Examination attorney
If the direct examination attorney asks a witness, "You went to the store, didn't you?" - what type of objection could be made, and what does that objection mean?
Leading - asking a question that suggests its own answer.
What is the reasonable person standard?
How an average, reasonable person would act in or perceive a situation.
A statute states: Anyone who knowingly harms the property of another is guilty of destruction of property. What is the mens rea of this statute?
Knowingly
True or False: According to Mariely Garcia, when she got off of work at 9pm, Alfonso did NOT tell her he bought the car.
False. In her affidavit she states that once her shift ended and she arrived home, Alfonso had the car in the driveway and told her had bought the car.
What role involves reviewing the legal arguments suggested by the team’s direct and cross examiners to sell a story to the judge and jury?
Closing Statement
Suppose in a case about a stolen piece of art, a witness mentions, "His mom said he stole it." What objection could be raised, and what does that objection mean?
Hearsay: testifying about an out-of-court statement offered to prove the truth of the matter asserted.
What are the elements of a criminal statute (5 total)?
The elements of a criminal statute are mens rea, actus reus, causation, concurrence, and attendant circumstances.
Student 3 mistakenly believes that a certain book they borrowed from the library was not due for another 2 weeks. However, the book was actually due that day. Suppose the library says it's against their policy to knowingly keep a book past its due date. What affirmative defense could Student 3 raise?
Mistake of Fact
What actions did Alfonso Lopez take that led Miguel Rodriguez to report the car as stolen, as revealed in the affidavits?
Alfonso Lopez's decision to keep the car overnight without returning it to Miguel Rodriguez and to block Miguel Rodriguez on all communication platforms prompted him to report it stolen.
What type of questions does the Cross Examination attorney ask in a mock trial to challenge the other team's witnesses and raise doubts about their trustworthiness?
Leading questions
A witness heard a crash from the next room, but didn't see what happened, and testifies, "He totally threw the brick against the wall." What objection would be appropriate in this situation, and what does that objection mean?
Speculation/lack of personal knowledge: witness is offering a response about something they don't know for sure.
Which side has the burden of proof in a criminal trial? What is the standard?
The prosecution; beyond a reasonable doubt.
Person D was driving to work when they suddenly had a heart attack at the wheel. Person D crashed into Person C, seriously injuring them. Person D's defense attorney asserts that Person D did not commit the actus reus. Why?
Person D's act was involuntary.
What timeline discrepancies exist between Mariely Garcia and Enrique Ordaz's Affidavits?
Garcia said that she had work at 1pm, while Ordaz stated that she was scheduled to come in at 12:30pm. Additionally, Garcia called him at 12:15pm saying she had to drop off her boyfriend, but didn't arrive until 1pm even though the seller's house was a 15 minute drive from Chili's.
What type of questions does the Direct Examination attorney ask in a mock trial to establish the witness's credibility and either prove the client's guilt (for Prosecution) or cast doubt on the client's guilt (for Defense)?
Open-ended questions
Suppose a direct examination attorney asked a witness, "You went to the mall and you were talking to your friend on the phone, right?" What TWO objections could be made?
Leading and compound.
In your own words, describe causation. Why is it important?
Causation in the context of a crime means that someone's actions must directly lead to the harm in the crime. It is crucial because it establishes the link between the defendant's actions and the resulting harm, determining their guilt.
Company A produces a chemical compound that can harm nearby wildlife if not contained. Unbeknownst to Company A, there is a leak in their facility causing the compound to escape into the surrounding area. If Company A had no awareness of this leak, and had even put up precautions to prevent a leak like this, and they are STILL liable, what type of offense is this?
What specific instructions does Alfonso Lopez testify that he received from Miguel Rodriguez regarding the car he was interested in purchasing, leading to the legal issue at hand?
The instructions given to Alfonso Lopez by the car owner (Miguel) were to keep the car overnight for testing, leading to the legal issue surrounding ownership and payment.
What is the primary responsibility of the Opening Statement in a Mock Trial?
To paint a clear picture of events according to their side to the judge and jury. The opening statement sets the tone for the rest of the trial and relies heavily on an emotional framing and repetition.
In a robbery trial, the prosecutor tries to show the jury a video from a bystander's phone that shows the defendant running out of the store. However, the prosecutor, when examining the bystander, never asks the bystander to testify that the video is what they claim it is. What objection could be raised, and what does that objection mean?
Authentication objection - the attorney has not established that a document or piece of evidence is what they claim it is.
What are the types of affirmative defenses? Name them, and then use the one most applicable to our fact pattern to limit Alfonso Lopez's liability.
Excuse, justification, mistake of law, and mistake of fact.
Mistake of fact could be used to explain that Lopez misunderstood the agreement between he and Rodriguez (thought he could keep the car overnight) and thus did not possess the mens rea for theft by deception.
Man B wants to test out his new paintball gun to make sure it works. He aims it towards his neighbor's yard. His wife says, "Don't do that, the neighbor's kids might be out!" Man B replies, "No, I'm not going hit anyone." Man B hits the neighbor's child's face, causing a black eye. What is Man B's mens rea with respect to injuring the neighbor's child? Why?
Recklessly. He was aware of a substantial risk and did it anyway.