Trial & Arbitration/Mediation Stuff
A fact agreed to by both sides in order to save time and simplify issues
What is a stipulation?
The Federal Rules of Evidence does not apply to this type of hearing?
What is [a Grand Jury Proceeding,
Bond Hearing,
Probation / Parole Hearing,
Extradition Hearing,
Sentencing Hearing,
Probable Cause Hearing, OR
Motion to Suppress.]
This TADR Council member was a high school football star and quarterback of his/her college football team.
Who is Quinn Boyle?
Testimony that does NOT help the judge decide the facts of the case is objectionable under what rule?
What is Relevancy?
Words that should normally never be used by an attorney.
What is "I" or "Me"?
To bring attention to an inconsistency or an omission in a witness’ testimony
What is Impeachment?
A testifying witness’s prior inconsistent statement made at a deposition is or is not Hearsay?
What is Is Not Hearsay?
801(d)(1)(A)
This TADR Council member was previously a high school teacher.
Who is Taylor Stamps?
When the witness is not answering the question asked.
What is Non-Responsive?
True or False: In a mock trial competition, the centrality of a witness is more impactful to scores than a less important witness.
What is False?
The scoring for witnesses is the same regardless of importance.
Non-verbal conduct that occurred out of court may be Hearsay in this circumstance.
What is When it is intended to make a Statement?
A female employee was fired as an executive assistant at a time when she was seven months pregnant. She brought a Title VII civil rights action in federal court for gender discrimination against the employer.
At trial, a former co-worker of the woman was not allowed to testify that she heard the human relations manager saying in an informal meeting that the plaintiff and her predecessor were both fired due to what the manager described as “pregnancy complications.” The proposed witness had been a vice-president of the company and a close adviser to the president.
Without the benefit of that vital testimony, the jury entered a verdict for the defendant employer. On appeal, the plaintiff argued that the testimony should have been allowed and that it was not hearsay under the federal rules. Will the court likely grant the appeal, and order a new trial?
What is Yes?
Rule 801(d)(2)(D) provides in relevant part: A statement is not hearsay if it is offered against a party and is made by the party's agent or servant concerning a matter within the scope of the agency or employment ... during the existence of the relationship.
This TADR coach prosecuted individuals linked to a terrorist attack in Bombay.
Who is Vicki Peters?
When opposing counsel asks a question that involves facts that have not already been stated by that witness or a prior witness.
What is Assumes Facts Not In Evidence?
In this 1971 study, Professor Albert Mehrabian found that in the communication of feelings, this accounted for 7% of the meaning of a message.
What is verbal communication?
(Mehrabian's findings is the receiver will trust the predominant form of communication, which is the non-verbal impact of tone+facial expression (38% + 55%), rather than the literal meaning of the words (7%).)
This type of alternative dispute resolution typically yields a decision (often binding).
What is arbitration?
A patient who had surgery to repair a rupture in her spleen followed up with a full body MRI due to excruciating pain that had developed. During the MRI, the technicians saw at least two identifiable sponges that had been left in her body. She had to be hospitalized for additional surgery.
The patient sued the hospital and doctor for medical malpractice. She did not produce the printouts of the MRI. Instead, she attempted to testify to what she observed on the MRI scan. The defense objected and insisted that she must produce the actual MRI printouts.
What is the most likely ruling of the trial judge with respect to the objection?
What is the Best Evidence Rule?
This TADR member competed this term in a competition in her hometown.
Who is Kyla Zybczynski? (competed in Buffalo, NY!)
When the witness did not see or does not know about the facts, and therefore cannot give testimony without speculating.
What is Lack of Personal Knowledge?
True or False: In a mock trial competition, it is important to focus more on elements with more total points (for example, a Direct that is scored 0-15 points), instead of elements with fewer total points (for example, Objections scored 0-5 points).
What is False?
(B/c of human tendency to cluster, percentage variance is higher on elements with fewer points. For example, a judge might score 12-14 on an element with 0-15 points, but might score 3-5 on an element with 0-5 points.)
Once this form of alternative dispute resolution begins, the court case is temporarily suspended pending resolution.
What is mediation?
A man is sitting on a beach chair, peacefully and in a relaxed meditative state, when a truck racing on the sand ran down a sunbathing elderly person. The man said out loud, “Oh God, look what that truck driver did. The man driving that truck was racing and going about 100 mph.! Someone call 911!!"
A woman, who was sitting on the beach nearby, but facing the other way, heard the man’s outcry. When the case comes to trial, will the court allow both the man and the woman to testify about the man's utterances? Why or why not?
What is the excited utterance exception?
This TADR member has a MBA.
Who is John DiFranco?
The objection is made when an attorney believes that a witness has made a factual error in their testimony regarding the case.
What is Creation of a Material Fact?
Or
What is Assumes Facts Not in Evidence?
This is best practice to do before concluding Direct and Cross examinations.
What is Check In With Co-Counsel?
"Your Honor, may I have a minute to confer with co-counsel?"
Empirically, how many teams do this?