Midlands Rules of Evidence
What makes something a statement according to Hearsay rule 801?
(a) Statement. “Statement” means a person’s oral assertion, written assertion, or nonverbal
conduct, if the person intended it as an assertion.
What is America’s Best Cookie v. International House of Waffles (2011)?
The Court recognizes that practices differ in other jurisdictions. But, in Midlands, the definition of
“hearsay” includes out-of-court statements by a witness who is on the stand or by another person who
has or will be testifying in a particular trial.
[A WITNESS' OWN STATEMENTS MADE OUT OF COURT IS STILL HEARSAY]
Demonstrate how to *properly stand and raise an objection* as taught by Eddie Holiday.
When ready Persia will read the statement: "When I heard the fire, I loudly said there's a fire in the other room."
[IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE SONG WILL BE QUESTIONED]
*Demonstration*
Who are you allowed to talk to during round?
Rostered team members.
Move the excerpts from the New Pilot Training Handbook, Exhibit 10 into evidence on Direct Examination.
Ask permission to approach witness
Ask permission to approach jury/bench
Don't ask permission to approach Opposing Counsel
*YOU MUST COMPLETE EACH STEP FROM START TO FINISH UP UNTIL YOU RETRIEVE THE DOCUMENT
1. Would you recognize excerpts of the New Pilot Training Handbook if I showed them to you?
2. Let the record reflect I am showing OC what has been pre-marked as Exhibit 10.
3. Permission to approach the witness with what has been pre-marked as Exhibit 10?
4. Let the record reflect I am handing the witness what has been pre-marked as Exhibit 10?
5. What have I handed you?
6. Are these excerpts true and correct copies of the New Pilot Training Handbook from when you last saw it?
7. Has it been changed or altered in any way?
8. Yh barring any objections Prosecution/Plaintiff/Defence moves what has been pre-marked as Exhibit 10 into evidence as Prosecution/Plaintiff/Defence 10.
9. Permission to publish to the Jury and tender a copy to the bench?
10. Permission to approach and retrieve?
Properly cite and define the following: Rules 401, 403 and 801. [IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE CITING AND DEFINING WILL BE QUESTIONED]
1. Pursuant to rule 401, relevant evidence is any evidence tending to make a material fact more or less probable.
2. Pursuant to rule 403, the court may exclude relevant evidence if its probative value is substantially outweighed by a danger of [unfair prejudice, confusing the issues, misleading the jury,undue delay, wasting time, or needlessly presenting cumulative evidence.]
3. Pursuant to rule 801, hearsay is an out of court statement offered to prove the truth of the matter asserted.
What is Tarot Readers Association of Midlands v. Merrell Dow (1994)? [IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE CITING AND DEFINING WILL BE QUESTIONED]
In assessing reliability under MRE 702(c), judges should consider whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, and whether it has gained widespread acceptance within the field. These factors, while relevant, are not necessarily dispositive. For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published. There is no definitive checklist. Judges must make such assessments based on the totality of the circumstances.
What do you do if OC starts using a visual demonstrative that is facing only the Judge and Jury? (Be specific) [ROLEPLAY WHAT YOU WOULD DO IN THIS SCENARIO]
Ask the Judge: "Your honor may I reposition myself to better view the demonstrative?
How much time is allocated to Dx/Cx Examinations, Opening Statement, Closing Argument, and Pre-Trial generally for all pieces?
Pretrial - Not timed
Opening and Closing - 14 Min for both total
Directs - 25 Min Total
Crosses - 25 Min Total
Perform an impeachment by contradiction on Eddie Holiday who completed an affidavit.
ASK PERMISSION TO APPROACH WITNESS ONLY
Statement in affidavit: After Fordham of 2021, I told everyone I am the best closer in South Florida. (Page 1 Line 10) [EDDIE ON THE STAND WILL SAY HE NEVER SAID THAT] [START WITH THIS QUESTION]
*YOU MUST COMPLETE EACH STEP FROM START TO FINISH UP UNTIL YOU RETRIEVE THE DOCUMENT
1. After Fordham of 2021, you told everyone you're the best closer in South Florida?
2. Is it your testimony today you never said you're the best closer in South Florida?
3. You remember making an affidavit in this case?
4. In that affidavit you told the truth?
5. You included all relevant and pertinent information?
6. You had until the start of opening statements to make any changes?
7. You'd recognize a copy of your affidavit if I showed it to you?
8. Let the record reflect I am showing OC the affidavit of Eddie Holiday.
10. Let the record reflect I am handing the witness the affidavit of Eddie Holiday?
11. This is your affidavit?
12. That's your name on the top?
13. That's your signature at the bottom of the last page?
14. It is a true and correct copy?
15. Hasn't been changed or altered in any way?
16. Directing court and counsel attention to page 1 line 10, please read silently while I read aloud: After Fordham of 2021, I told everyone I am the best closer in South Florida.
17. I read that correctly?
18. Permission to approach and retrieve?
What is the difference between 404A and 404B? [DEFINE THE RULE AND EXPLAIN THE DIFFERENCE]
(a) Character Evidence. [WHO THEY ARE]
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to
prove that on a particular occasion the person acted in accordance with the character or trait.
(b) Crimes, Wrongs, or Other Acts. [WHAT THEY'VE DONE]
(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a
person’s character in order to show that on a particular occasion the person acted in
accordance with the character.
What is Kane Software Co. v. Mars Investigations (1998)? [IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE CITING AND DEFINING WILL BE QUESTIONED]
Midlands does not permit parties to use their experts as weapons in a trial by ambush or unfair surprise. Expert reports that are exchanged prior to trial must contain a complete statement of all opinions the expert will testify to and the basis and reasons for them, the facts or data considered by the expert in forming their opinions, and the expert’s qualifications. Experts are strictly prohibited from testifying on direct or redirect examination about any opinions or conclusions not stated in their report, and such testimony must be excluded upon a timely objection from opposing counsel. For example, an expert may not testify on direct or redirect examination that they formed a conclusion based on evidence that came out during trial that the expert did not previously review. However, if an expert is asked during cross-examination about matters not contained in their report, the expert may freely answer the question as long as the answer is responsive. When an objection is made under Kane Software, the trial court typically should ask the party offering the expert testimony to refer the trial court to where the proposed testimony is contained or otherwise referenced in the expert’s disclosure to ensure that the record is clear.
Tell me what proffer means? - David Munoz
[DEFINE PROFFER AND PROVIDE AN EXAMPLE]
Make an offer of proof.
*EVALUATION IF USED CORRECTLY
Are you required to allow the opposing team to use your demonstrative? And if so under what condition?
(d) First use may only be by the presenting team; any demonstrative aid that is used during
trial must be available to the other team. Unless the case materials expressly provide
otherwise, no competitor may make use of another team’s demonstrative aid until the
opposing team has done so. Once used, however, a demonstrative aid must be made
available to the opposing attorneys for subsequent use during examination of witnesses
and closing argument.
Sing *A* Panther Mock Trial [PMT] SONG. Any of the ones you know or are familiar with.
[IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE SONG WILL BE QUESTIONED]
If so a discussion period will be held for 5 minutes.
What are the four prongs of 702? [MUST CITE WHICH PRONG A/B/C/D AND WHAT IT SAYS]
Rule 702. Testimony by Expert Witnesses
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:
(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 has reliably applied the principles and methods to the facts of the case.
What is Davis v. HappyLand Toy Co. (2011)? [IF MORE THAN 50% OF THE ROOM BOOS, THE VALIDITY OF THE CITING AND DEFINING WILL BE QUESTIONED]
In a wrongful death action, both the deceased and the surviving spouse (or, where applicable, personal representative) are considered “parties” for all evidentiary purposes. Accordingly, whenever the defendant offers statements of either the decedent or the spouse (or personal representative), such statements qualify under MRE 801(d)(2)(A) as “an opposing party’s statement” and therefore are not hearsay. However, a surviving spouse in a wrongful death action is not a party for purposes of establishing “harm” or “injury.” Thus, in a wrongful death action it is not relevant—and may often be overly prejudicial—that a surviving spouse suffered emotional distress, loss of financial support, or loss of companionship. Of course, evidence that is admissible for other purposes is not rendered inadmissible merely because it also happens to provide evidence that a surviving spouse suffered harm or injury.
3 volunteers. A separate team will come up with a question and answer that MUST be objectionable.
The team who picked this question must raise a VALID OBJECTION AND ARGUE PROPERLY
*VALID OR NOT*
What rule number concerns invention of fact? Are you ever allowed to invent material facts, if so provide an example.
Rule Number 7.21. Witnesses with depos can invent material facts
**others will be considered & examined.
Name 5 differences between mock trial and pad
*Up to discretion
CITE AND DEFINE a Hearsay Exception which must be from 803-18 through 803-24.
(18) Statements in Learned Treatises, Periodicals, or Pamphlets. A statement contained in a
treatise, periodical, or pamphlet if:
(A) the statement is called to the attention of an expert witness on cross-examination or
relied on by the expert on direct examination; and
(B) the publication is established as a reliable authority by the expert’s admission or
testimony, by another expert’s testimony, or by judicial notice.
If admitted, the statement may be read into evidence but not received as an exhibit.
Comment: This rule concerns published treatises, periodicals, or pamphlets that have
been provided in the case packet. Mere reference to a title in the packet is
insufficient; the entirety of the item must be provided in the case packet for this rule
to be applicable.
(19) Reputation Concerning Personal or Family History. A reputation among a person’s family
by blood, adoption, or marriage – or among a person’s associates or in the community – concerning
the person’s birth, adoption, legitimacy, ancestry, marriage, divorce, death, relationship by blood,
adoption, or marriage, or similar facts of personal or family history.
(20) Reputation Concerning Boundaries or General History. A reputation in a community –
arising before the controversy – concerning boundaries of land in the community or customs that
affect the land, or concerning general historical events important to that community, state, or nation.
(21) Reputation Concerning Character. A reputation among a person’s associates or in the
community concerning the person’s character.
(22) Judgment of a Previous Conviction. Evidence of a final judgment of conviction if:
(A) the judgment was entered after a trial or guilty plea, but not a nolo contendere plea;
(B) the conviction was for a crime punishable by death or by imprisonment for more than a
year;
(C) the evidence is admitted to prove any fact essential to the judgment; and
(D) when offered by the prosecutor in a criminal case for a purpose other than impeachment,
the judgment was against the defendant.
The pendency of an appeal may be shown but does not affect admissibility.
(23) Judgments Involving Personal, Family, or General History, or a Boundary. A judgment
that is admitted to prove a matter of personal, family, or general history, or boundaries, if the
matter:
(A) was essential to the judgment; and
(B) could be proved by evidence of reputation.
Is the following an actual Midlands Case Law found in case packet, IF SO WHAT IS IT?
Sage v. Pontiff
When a decedent comes to appreciate a risk immediately prior to their death, after any ability to avoid it has passed, a defendant may not use this appreciation to exonerate themself under the doctrine of assumption of risk. For the defense to prevail under an assumption of risk defense, the decedent must appreciate and accept the risk at a time when the decedent can choose whether to assume the risk. In this case, when decedent became aware of a pilot’s intoxication only after the flight was in the air, the defense failed to establish appreciation of risk.
4 volunteers. A separate team will come up with a question and answer that MUST be objectionable. (2)
1 person must raise a VALID OBJECTION
The team who picked this question must raise a RESPOND TO THE OBJECTION on behalf of the team that asked and answered the question
Valid or not Valid
What is Rule 6.17? (Small Hint may be offered if 50% of the room votes yes or if the initial team that picks this question gets the wrong answer)
Rule 6.17 Timekeeper required.
Each team is expected to supply a timekeeper for each trial. The timekeeper is an officer of the
court while keeping time during a trial. The timekeeper shall be a person who is named on the team
roster. It is a violation of this rule to use a coach, a non- rostered spectator, or a person from the
same school who is not on the roster of the team competing in that trial.
PICK YOUR QUESTION
1. What drink did Eddie Holiday buy the team after Fordham 2021
2. Name a Defendant in a previous case? (Full name, NOT INCLUDING DAKOTA SUTCLIFFE)
3. Do a full pretrial the way Eddie Holiday would, and then the way Kioceaia Stenson would with clear distinctions
1. Lemon Drop Shots
2. Harper Martini, Jordan Ryder, Danny Kosack, Dylan Hendricks
3. *Discretion*