Case Law & Negligence
In a legal sense, how does intervening cause (Purdue v. Waldie) remove liability from the defendant?
It breaks the causal chain for proximate cause by making a secondary act AFTER alleged wrongdoing sufficient to have caused the harm itself.
In order to be hearsay, something must be these two things:
1) An out of court statement
2) Being offered for the truth of the matter
This objection is made when a witness attempts to testify to facts they could not reasonably know, particularly about a hypothetical scenario or another person's mindset
What is speculation!
These exhibits are pre-admitted
1b (fire inspector report) and 3a (map)
This is a type of clothing that you can't be wearing if you're in a courtroom, even if you're not currently competing in a round.
What is Reed merch!
When the defense assumes an affirmative defense, what happens to the burden?
The defense assumes a burden to prove their facts, but the plaintiff also maintains their burden! "If, then."
Landon Norris testifies: "Aggie Stackhouse said I might be responsible for the people who died in the wild fire." Aggie Stackhouse HAS been called to testify. Defense counsel objections to hearsay. Plaintiff counsel responds with THIS EXCEPTION TO HEARSAY:
801d2, opposing party statement.
The bar for this relevance objection is SUBSANTIALLY more X than Y
What is more prejudicial than probative?
The parties waive all of their very important rights granted to them by this foundational American document.
What is the Constitution?
Invention of fact includes any creation of facts outside the case packet that. . .
This case law establishes the doctrine of unavoidable accident!
803(3)
Landon Norris testifies about utility pole mechanics! What objection are you making?
What is a lack of personal knowledge?
If this witness isn't testifying, this exhibit is pre-admitted.
What is Charlie Weaver and exhibit 1a (police report)?
If you suspect that a rule violation has occurred you should. . .
What is BRING IT UP TO A CAPTAIN and THEY will go to tab with a representative from the other team?
Faris v. Steinhauser gives us the equation (precaution < probability of harm * foreseeable damage) for this essential issue of reasonable care
Whether a given precaution is required, in establishing a breach of a duty of care
"Oh my god! Run away from that burning utility pole!" and "Did you see that utility pole that was on fire?" are both types of out of court statements that. . .
are NOT hearsay! Instructions and questions both don't have inherent truth value (although you can still argue in objection battles that they are being used for that effect)
This very annoying but important objection is made when someone references evidence available in the case packet without entering it!
What is best evidence?
All objections have been waived to this exhibit and it can be entered at any time without foundation.
What is exhibit 3b (map of affected area)?
What is: after ballots have been okay'ed by tab?
Direct and proximate cause are both required to establish liability for negligence. What is the difference between these two?
Direct cause is "cause in fact" ie: literally causing the event, the event couldn't have occurred without this factor. Proximate cause is cause by a LEGAL understanding and establishes liability.
This exception to hearsay allows exhibit 5, MG&E's inspection reports, to be admissible
803(6), records of a regularly conducted activity
A document has already been made available to the jury, yet on cross OC is asking questions about every. word. What objection can be used for this issue?
What is needlessly cumulative
Norris isn't testifying in court today. What happened to him?
WHAT IS HE DIED OF A HEART ATTACK BRO
Who can communicate with each other during rounds?
What is: only rostered team members FROM THAT TEAM.