Read the attached document that says instructions first. (Read Page 3 of 4) Pre- Trial Conference Chart (Witness part) I am going to play the role of a Witness who is: Dr. Stanley Goodspeed - A retire

Responsibility

Names/ Roles Attorneys

Deadline

ATTORNEYS:

Is this a civil trial or criminal trial?

Who is your client?

Who is suing whom? And on what basis?

What are the causes of action?

TIP: refer to chapters 5 & 6 to determine what causes of action are applicable to this set of facts.

Once you determine your client and the cause of action that is applicable to this set of facts make a list of the element of each cause of action. The elements will serve as the outline of the points that the plaintiff will need to prove or that the defense will need to rebut in order to win the case. Example -In a Negligence cause of action the plaintiff would need to prove or the defense would need to rebut 1. Duty 2. Breach 3. Causation & 4. Damages. TIP: You need to be able to apply each element of your cause of action to the facts of the case and be prepared to argue it in court.

Who is going to be responsible for the following:

• Serve as the lead attorney

• research the law and the case precedents

• gather the evidence and submitting it to the Judges

• draft the juror questions and send it to each juror

• conduct voir dire before the trial and determines who is eliminated from the jury and why?  (They will report their findings at the trial.)

• draft witness questions and send it to witnesses

• question ALL(6) the witnesses on the stand and/or cross examine

• deliver opening arguments

• deliver closing arguments

Example:

Sara- Attorney 1

Jessica - Attorney 2

Juan- Attorney 3

Summarize your legal strategy. (Meaning what are you trying to prove in this court room?)

How do you plan to achieve this goal?(Meaning win the case)

Responsibility

Names/ Roles Judge

Deadline

JUDGES:

You are responsible for running the trial smoothly. Think of yourselves as umpires in a baseball game.

1. Is this a civil trial or a criminal trial?

2. What is the burden of proof?

Who is going to be responsible for the following?

1. Serve as the lead Judge?

2. Understand the facts.

3. Understand the law and the issues that will be argued.

4. Understand how to run a trial

5. Know how to rule on motions and handle objections (Ex – hearsay, relevance)

6. Know how to rule on admissibility of evidence 

7. Conduct a smooth trial without undue delay. Follow the schedule and keep the attorneys in line and on track

8. Be prepared to instruct the jury as to the criteria that they need to apply to the facts. HINT: You need to know the elements of each claim that the lawyers had to prove or disprove and then tell the jury that if those elements are proven they need to find for one side or the other.

Example:

Bob- Judge 1

Henry-Judge 2

Alice- Judge 3

Responsibility

Names/ Roles

Witnesses

Deadline

WITNESSES:

Typically, there would be deposition process, where the lawyers would have the opportunity to interview each witness in advance, under oath, to determine what testimony the witness will provide.

At that time opposing counsel would have the opportunity to question the witness. Unfortunately, our format does not allow for such a process.

Instead, at this time each witness should prepare a detailed affidavit of 1 page in length outlining their testimony. This will help the attorneys tailor their trial questions specifically for each witness.

Ex-If you are an expert in auto mechanics, you should include your credentials, expertise, education, training, work experience, and customary industry practice for installing smaller tires on larger rims. Outside research is required.

If you are a bystander who witnessed the accident, you will want to write exactly what you witnessed in as much detail as possible.

Note: Make sure your affidavit is consistent with the description of your witness role and why you are being called to testify.

Note: Do not communicate with other witnesses.

Note: Please submit the affidavit in the assignment dropbox.and email it to both sets of attorneys.

Responsibility

Names/ Roles

Jurors

Deadline

JURORS:

Each juror needs to create a profile of his/her character. You should prepare a detailed one page history of your background, age, education, family life, hobbies and interests. You do not have to play the traditional college student studying Business Law. Feel free to be creative with your descriptions and please be as detailed as possible in developing your profile. You may be a 60 year old widow with 5 kids and 10 grandchildren or an unemployed farmer This background information will help the attorneys develop questions to determine if they want you to serve on the jury panel.

Note: Once you create your profile, you must be consistent with all of the information going forward. Do not contradict yourself when you receive your juror questions.

Note: Do not communicate with other jurors.

Note Please submit the profile in the assignment dropbox.and email it to both sets of attorneys