Trial Procedures
The two types of examinations in court.
Direct & Cross examinations?
Rule 801 in the MA Mock Trial Rules of Evidence.
Hearsay.
The highest standard of proof in a legal dispute.
Beyond a reasonable doubt.
The witness with immunity in this case.
Lougansky Cook
After a trial, the judge delivers her verdict: although the Hogwarts team won in witness/lawyer points, Miss Peregrine’s school had the more convincing argument, and would’ve won if the case was a real trial. Therefore, the judge states that Miss Peregrine’s school moves up to the semifinals.
The “actual” winners in Mock Trial are decided by who wins more points, not by the trial verdict.
The charging party in a Massachusetts criminal trial.
The Commonwealth (of Massachusetts).
Objections raised beyond the scope of [the rules of evidence in this case packet]
An objection which is not contained or referred to in these Simplified Rules of Evidence and Procedure shall not be considered by the court.
The reason why hearsay evidence is not admissible in court.
Courts require all the evidence to be truthful--hearsay evidence are unreliable due to many reasons in that regard (not made under oath, can’t be cross-examined, potential for error, etc.)
The term used to describe a dead person in court.
Decedent.
In a case, Harry is the presiding lawyer for Ron, and Hermione is the presiding lawyer for Neville. During Ron’s cross examination, co-counsel Attorney Granger notices a speculative question by the cross examiner and objects, even though she is in charge of a different witness.
Authority to object (901). Objections during the direct/cross-examination of a witness must be made and argued only by the opposing attorney cross-examining or examining the same witness.
The highest standard of proof in a legal dispute. It is the one the charging party must prove in a criminal case in order to win.
Beyond a reasonable doubt.
A lawyer attempts to argue on cross that because Arthur stole D.W’s toy in a previous, isolated event, he is likely to be the culprit of another stolen toy of D.W.
Character Evidence.
The group of people who decide whether there is enough probable evidence in a criminal case to go forth with a trial.
Grand jury.
The different arguments of Ava Mirue’s death stated by the two expert witnesses.
Nat Shapiro: Ava Mirue died due to anaphylaxis and almond milk.
Dana Smith: Given Ava Mirue’s ARVC, the epinephrine caused her death.
On cross examination, the lawyer asks a witness about a discussion they overheard; however, said discussion is never directly mentioned in that witness’ affidavit; rather, it only appears in a singular affidavit from another witness. Staying true to their affidavit, the questioned witness replied that they had never overheard anything. Subsequently, the lawyer impeaches the witness on invention of fact.
The lawyer may not impeach a witness for failing to adopt facts from another affidavit if they elect not to adopt such facts. They may also claim to have no recollection on which to base an answer (304).
The order in which physical evidence is entered as per the Mock Trial rules.
1. Give a copy to sister counsel 2. Give a copy to the bench 2. Mark for identification 3. Witness identifies exhibit 4. Request the court to admit exhibit into evidence
When an opinion or inference testimony otherwise admissible is not objectionable because it embraces an issue to be decided by the trier of fact.
Ultimate Issue.
The only pre-trial matters that exist in MA high school mock trial.
The admission of the stipulations to the court.
The reason why Ava Mirue was cast for the lead role in Steeped in Mystery, according to the defendant.
They knew she was perfect for the role; good relations from before, had the personality & experience.
The defense conducts their examination and uses highly inflammatory words to describe a witness. Consequently, plaintiff immediately objects on the grounds of the prejudicial value outweighing the argument’s probative value.
(403b) Although relevant, evidence may be excluded if (a) its probative value is outweighed by the danger of unfair prejudice…
ALL the options a cross lawyer can take when faced with a witness inventing facts not in the case packet
1: Impeach (during cross). 2: Object Invention of Facts (during direct) 3: Call for a bench conference w/ sister counsel and judge.
In a re-direct, Attorney A questions the witness about their location during a car crash. During the re-cross, Attorney B questions the witness about their relationship to the car driver
Re-cross examination (207). The scope of a re-cross is limited to the subject brought up in the re-direct examination.
The three exceptions in which an evidence of a person’s character or character trait IS admissible for the purpose of proving action in conformity therewith on a particular occasion.
1. Character of accused 2. Character of victim 3. Character of witness
The three elements needed to prove first degree murder with deliberate pre-meditation.
The defendant 1. Caused the death of victim 2. Intended to kill victim/cause victim’s death 3. Committed the killing with deliberate premeditation (decided to kill after a period of reflection)
Prosecution enters a police report the witness on stand made of a burglary case, and requests the witness to explain parts of the report. The witness states that the record contains, the victims of the case, basic information about the incident, and also how the witness told his children to hide in their bedroom.
Hearsay within hearsay (805). Although the police report is an exception of hearsay, the victim’s statement to his children “to hide in their bedroom” is still hearsay within the report.