High School Mock Trial Competition

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					                 High School
            Mock Trial Competition
                   The 2007 Mock Trial
                              Criminal Case

                  IN THE COURT OF COMMON PLEAS
                   SEVENTEENTH JUDICIAL CIRCUIT
                        COUNTY OF GLENDON
                     STATE OF SOUTH CAROLINA


                                             )
                                             )
  State of South Carolina,                   )
             Prosecution,                    )
                                             )      Case No.
                    v.                       )      CF-2006-101
                                             )
                     Lane Miles,             )      (Filed Nov.15, 2006)
                     Defendant.              )
                                             )
                                             )

NOTE: All characters, names, events, places, and circumstances in this mock trial case are
      fictitious.



                                                                                         1
                 High School
            Mock Trial Competition
                   The 2007 Mock Trial
                              Criminal Case

                  IN THE COURT OF COMMON PLEAS
                   SEVENTEENTH JUDICIAL CIRCUIT
                        COUNTY OF GLENDON
                     STATE OF SOUTH CAROLINA


                                             )
                                             )
State of South Carolina,                     )
             Prosecution,                    )
                                             )      Case No.
                    v.                       )      CF-2006-101
                                             )
                     Lane Miles,             )      (Filed Nov.15, 2006)
                     Defendant.              )
                                             )
                                             )

NOTE: All characters, names, events, places, and circumstances in this mock trial case are
      fictitious.



                                                                                         2
                                A PROJECT OF THE
                              SOUTH CAROLINA BAR
                       LAW RELATED EDUCATION COMMITTEE
                 AND THE HIGH SCHOOL MOCK TRIAL SUB-COMMITTEE



                                S.C. BAR PRESIDENT
                             Bradish J. Waring, Esquire

                    LAW RELATED EDUCATION COMMITTEE CHAIR
                              David C. Shea, Esquire

                  HIGH SCHOOL MOCK TRIAL SUB-COMMITTEE CHAIR
                            Barbara L. Seymour, Esquire

                         SC BAR LRE DIVISION STAFF LIAISON
                            Cynthia H. Cothran, LRE Director




           High School Mock Trial is made possible with the support of the
                   South Carolina Bar Foundation’s IOLTA grant.



           The South Carolina Bar Law Related Education Sub-Committee
                            would like to give thanks to the
      Oklahoma YLD High School Mock Trial Committee for permitting use of the
          2005-2006 Mock Trial Case entitled State of Utopia v. Lynn Miles
and the George YLD High School Mock Trial Sub-Committee for permitting the use and
    adaptation of its 2004 Mock Trial Case entitled State of Georgia v. Micky Finn.


  The glossary terms were compiled by the National Association for Court Managers
                   (NACM) Trial Court Management Committee.




                                                                                    3
                                                                                    i
                            HIGH SCHOOL MOCK TRIAL WINNERS


1982 - Dreher High School              1995 – Bob Jones Academy

1983 - Conway High School              1996 – Socastee High School

1984 - Strom Thurmond High School      1997 – Socastee High School

1985 - Strom Thurmond High School      1998 - Socastee High School

1986 - Myrtle Beach High School        1999 - Socastee High School

1987 - Strom Thurmond High School      2000 – Berkeley High School

1988 - Socastee (National Champions)   2001 – Bob Jones Academy

1989 - Berkeley High School            2002 – Berkeley High School

1990 - Irmo High School                2003 – Bob Jones Academy

1991 - Berkeley High School            2004 – Bob Jones Academy (National Champions)

1992 – Irmo High School                2005 – Berkeley High School

1993 – Berkeley High School            2006 – Berkeley High School

1994 – Middleton High School




                                                                                       4ii
                              INTRODUCTION TO THE
                   2007 HIGH SCHOOL MOCK TRIAL COMPETITION

The High School Mock Trial Competition is sponsored by the South Carolina Bar Law
Related Education (LRE) Division. Public and private schools throughout the state have
been invited to participate in this program. Each participating school enters a team ideally
composed of 14 students (and a minimum of 6 students) sponsored by a teacher volunteer.
The SC Bar LRE Division will assist in locating attorney coaches to help the team in
preparing the case and will also provide the team with the case and other competition
materials.

The High School Mock Trial Competition is divided into four (4) district divisions with a
culminating state competition. A total of sixteen teams advance from the four district
competitions to participate in the state competition taking place on March 9-10, 2007, in
Lexington, South Carolina.

Upon receipt of all High School Mock Trial applications no later than October 13, 2006,
High School Mock Trial teams will be assigned to a district. Once assigned to a district, the
district cannot be switched without the discretion of the state coordinator.

The competition schedule is as follows:
     •  Lowcountry ................. Charleston ...................... Saturday, February 24, 2007
     •  Piedmont .................... Greenville........................ Saturday, February 24, 2007
     •  Pee Dee ..................... Conway........................... Saturday, February 24, 2007
     •  Midlands ..................... Columbia......................... Saturday, February 24, 2007
     •  STATE ........................ Lexington .............. Friday-Saturday, March 9-10, 2007


The goals of this program are, first and foremost, to educate students about the basis of our
American judicial system and the mechanics of litigation. The program also serves to build
bridges of mutual cooperation, respect and support between the community and the legal
profession. Through participation in the mock trial program students will increase their basic
skills such as listening, speaking, writing, reading, and analyzing. All participants are
encouraged to keep in mind that the goal of the mock trial program is not to win for the sake
of winning, but to learn and understand the meaning of good citizenship in a democratic
republic through participation in our system of law and justice. All who participate in the
mock trial competition are winners in this sense.

SPECIAL INSTRUCTIONS
The 2007 High School Mock Trial Competition case materials will be available on the
Internet at the LRE section of the South Carolina Bar’s website, located at
http://www.scbar.org/member/lre/programs.asp beginning October 31, 2006, at midnight.

DISCUSSION FORUM
Questions concerning the content of the case materials should be submitted to the web
based discussion at http://forum.scbar.org/hsmt

SOUTH CAROLINA BAR – Law Related Education (LRE) Division
Cynthia H. Cothran, LRE Director -- (803) 252-5139 or (877) 797-2227
ccothran@scbar.org


                                                                                                        5
                                                                                                       iii
            LRE Awards and Scholarships
Each year the following awards and scholarships are available:

LRE Middle and High School of the Year:                                                     $5,000
One middle school and one high school are selected as the Law Related Education (LRE) School of
the Year. Winners of the LRE middle school and high school of the year are chosen based on their
implementation of LRE curricula and/or programs and commitment to the principles of LRE. Each
school receives a award of $5,000 as non-designated funds. The plaque and check will be presented
at the school.

LRE Middle and High Teacher of the Year:                                                    $1,000
Each year, beginning in 2005, one middle school and one high school teacher are selected as the
LRE Teacher of the Year chosen on the same criteria for LRE School of the Year. Applicants can be
nominated or self nominated. Each teacher receives a award of $1,000 as non-designated funds. The
plaque and check will be presented at the school to the teacher.

LRE High School Mock Trial Scholarships (12):                                                 $500
High school seniors who have participated in mock trial have the opportunity to apply for a one-time
$500 Mock Trial Scholarship to assist with higher education costs as this scholarship consists of non-
designated funds.

LRE Citizen of the Year:                                                                    $1,000
Each year, a South Carolina citizen who has either been nominated or self-nominated is awarded
with LRE Citizen of the Year Award. The recipient of this award will be one who has fostered public
understanding of the values of our legal and judicial system; stimulated a deeper sense of individual
responsibility by helping students recognize their legal duties and rights; encouraged and supported
effective LRE programs; and increased communication among students, educators, and those
working in the legal system. The LRE Citizen of the Year will receive an award of $1,000 as non-
designated funds. The plaque and the check will be presented at the place of employment.

LRE Lawyer of the Year:
Each year, a member of the South Carolina Bar who has either been nominated or self-nominated is
awarded with the honor of LRE Lawyer of the Year Award. Applicants be nominated or self
nominated. The recipient of this award will be one who has fostered public understanding of the
values of our legal and judicial system; stimulated a deeper sense of individual responsibility by
helping students recognize their legal duties and rights; encouraged and supported effective LRE
programs; and increased communication among students, educators and those working in the legal
system. The LRE Lawyer of the Year will be recognized at the Board of Governors meeting in May in
front of his or her peers.

Awards and Scholarships Schedule
Applications Released – October 31, 2006
Application Deadline - March 23, 2007 (post marked date)
Award Letters - April 23, 2007
Presentation of Awards - May 2007

Questions? Contact Donald Lanier at (803) 252-5139 or e-mail dlanier@scbar.org

To download applications, visit the website at www.scbar.org/member/lre/Awards.asp


                                                                                                         6iv
TAB INSERT: TABLE OF CONTENTS




                                7
                                                      2007 HIGH SCHOOL MOCK TRIAL CASE


                                                     TABLE OF CONTENTS


Rules of Competition:
Overview of New Rules and Modifications for 2007 ............................................. 1

Administration.......................................................................................................... 4
   Rules ................................................................................................................... 4
   Code of Conduct ................................................................................................. 4
   Emergencies ....................................................................................................... 4
   Logo Usage......................................................................................................... 5

Problem .................................................................................................................... 5
   Witness Bound by Statements ............................................................................ 5
   Creation of Material Facts ................................................................................... 5
   Gender of Witnesses........................................................................................... 6
   Voir Dire .............................................................................................................. 6

Teams ....................................................................................................................... 6
   Eligibility .............................................................................................................. 6
   Composition ........................................................................................................ 7
   Presentation ........................................................................................................ 7
   Duties .................................................................................................................. 7
   Roster Form Description ..................................................................................... 8
   Accommodations for Students with Disabilities ................................................... 8

Trial ........................................................................................................................... 9
    Courtroom Setting ............................................................................................... 9
    Stipulations.......................................................................................................... 9
    Reading into the Record Not Permitted............................................................... 9
    Swearing of Witnesses........................................................................................ 9
    Trial Sequence and Time Limits.......................................................................... 9
    Timekeeping...................................................................................................... 10
    Time Extensions and Scoring............................................................................ 10
    Motions.............................................................................................................. 10
    Sequestration .................................................................................................... 10
    Bench Conferences........................................................................................... 10
    Supplemental Material / Costuming .................................................................. 11
    Trial Communication ......................................................................................... 11
    Viewing a Trial................................................................................................... 11
    Electronics: Cell Phones, Video Cameras and Cameras .................................. 11
    Jury Trial ........................................................................................................... 11
    Standing during Trial ......................................................................................... 12


                                                                                                                                      v8
      Objections during Opening Statement / Closing Argument ............................... 12
      Objections ......................................................................................................... 12
      Procedure for Introduction of Exhibits ............................................................... 13
      Usage of Notes ................................................................................................. 13
      Redirect / Recross............................................................................................. 14
      Scope of Closing Arguments............................................................................. 14
      Critique.............................................................................................................. 14
      Parents / Visitors ............................................................................................... 14

Judging and Team Advancement......................................................................... 14
   Finality of Decisions .......................................................................................... 14
   Composition of Judging Panels......................................................................... 14
   Scoresheets / Ballots ........................................................................................ 15
   Completion of Scoresheets ............................................................................... 15
   Team Advancement .......................................................................................... 15
   Power Matching / Seeding ................................................................................ 16
   Selection of Sides for State Championship Round............................................ 16
   Effect of Bye / Default ....................................................................................... 16

Dispute Resolution ................................................................................................ 17
    Reporting a Rules Violation / Inside the Bar...................................................... 17
    Dispute Resolution Procedure / Inside the Bar.................................................. 17
    Effect of Violation on Score ............................................................................... 17
    Reporting of Rules Violation / Outside the Bar .................................................. 17


Modified Rules of Evidence:
Scope....................................................................................................................... 19
Purpose and Construction ....................................................................................... 19
Limited Admissibility................................................................................................. 19
Remainder of Related Writings or Recorded Statements ........................................ 19
Judicial Notice of Adjudicative Facts........................................................................ 19
Presumptions in general in Civil Actions and Proceedings ...................................... 19
Applicability of State Law in Civil Actions and Proceedings ..................................... 19
Definition of Relevant Evidence ............................................................................... 20
Relevant Evidence Generally Admissible;
    Irrelevant Evidence Inadmissible....................................................................... 20
Exclusion of Relevant Evidence on Grounds
    of Prejudice, Confusion, or Waste of Time ........................................................ 20
Character Evidence Not Admissible to Prove
    Conduct: Exceptions: Other Crimes .................................................................. 20
Methods of Proving Character ................................................................................. 21
Habit; Routine Practice ............................................................................................ 21
Subsequent Remedial Measures ............................................................................. 21
Compromise and Offers to Compromise.................................................................. 21
Payment of Medical and Similar Expenses.............................................................. 21
Inadmissibility of Pleas, Plea Discussions and Related Statements ........................ 22


                                                                                                                                  9
                                                                                                                                  vi
Liability Insurance .................................................................................................... 22
Privileges – General Rule ........................................................................................ 22
General Rule of Witness Competency ..................................................................... 22
Lack of Personal Knowledge ................................................................................... 22
Oath or Affirmation................................................................................................... 22
Interpreters .............................................................................................................. 23
Who May Impeach ................................................................................................... 23
Evidence of Character and Conduct of Witness ...................................................... 23
Impeachment by Evidence of Conviction of Crime................................................... 24
Religious Beliefs or Opinions ................................................................................... 24
Mode and Order of Interrogation and Presentation.................................................. 25
Writing Used to Refresh Memory ............................................................................. 25
Prior Statements of Witnesses................................................................................. 25
Opinion Testimony by Lay Witness.......................................................................... 26
Testimony by Experts .............................................................................................. 26
Bases of Opinion Testimony by Experts .................................................................. 26
Opinion of Ultimate Issue......................................................................................... 26
Disclosure of Facts or Data Underlying Expert Opinion ........................................... 26
Definitions ................................................................................................................ 26
Hearsay Rule ........................................................................................................... 27
Hearsay Exceptions, Availability of Declarant Immaterial ........................................ 27
Hearsay Exceptions Video Link ............................................................................... 27
Hearsay Exceptions where Declarant Unavailable .................................................. 29
Hearsay within Hearsay ........................................................................................... 30
Attacking and Supporting Credibility of Declarant .................................................... 30
Assuming Facts Not in Evidence ............................................................................. 30
Argumentative Questions......................................................................................... 30
Ambiguous Questions.............................................................................................. 31
Lack of Proper Foundation....................................................................................... 31
Procedures for Objections ....................................................................................... 32
Stipulations .............................................................................................................. 33

Forms:
Team Roster Form – Prosecution ............................................................................ 34
Team Roster Form – Defense ................................................................................. 35
Dispute Form ........................................................................................................... 36
Time Keeper Record Form ...................................................................................... 37
Talent Release Form Explanation............................................................................ 38
Talent Release Form ............................................................................................... 39
Scoresheet............................................................................................................... 40
Bailiff Script .............................................................................................................. 41




                                                                                                                                   10
                                                                                                                                   vii
Prep for Case:
Purpose ................................................................................................................... 42
Parties...................................................................................................................... 43
Facts of the Case..................................................................................................... 43
Evidence .................................................................................................................. 43
Burden of Proof........................................................................................................ 44
Defense ................................................................................................................... 44
Preparation for Trial ................................................................................................. 45
What is Mock Trial? ................................................................................................. 46

Planning for Mock Trial ......................................................................................... 47
    Time Factors ..................................................................................................... 47
    Suggested Concept Lessons ............................................................................ 47
    Student Involvement ......................................................................................... 47
    Student Materials .............................................................................................. 47
    Typical Court Room Arrangement / Layout ....................................................... 48
    Suggested Administrative Checklist .................................................................. 48

Suggestions for How to Prepare for the Mock Trial............................................ 49

Mock Trial Student Overview ................................................................................ 51
   Opening Statement ........................................................................................... 51
   Direct Examination ............................................................................................ 52
   Cross Examination ............................................................................................ 53
   Exhibits.............................................................................................................. 54
   Objections ......................................................................................................... 55
   Closing Argument.............................................................................................. 56

Competition Day: What to Expect ........................................................................ 57

2007 Mock Trial Case:
Introduction .............................................................................................................. 62
Trial Problem Materials ............................................................................................ 63
     Statement of the Problem.................................................................................. 63
     Witness Listing .................................................................................................. 63
     Exhibits Listing .................................................................................................. 64

Pleadings................................................................................................................ 65
    Pre-Trial Order .................................................................................................. 65
    Statement of the Case ...................................................................................... 65
    Pre-Trial Issues to include Stipulations of the Parties ....................................... 66
    SC Criminal Statutes ......................................................................................... 68
    Preliminary Jury Instructions ............................................................................. 71
    Appendix A: Verdict........................................................................................... 79
    Criminal Information .......................................................................................... 80




                                                                                                                                   11
                                                                                                                                   viii
Affidavits ................................................................................................................ 82
    Prosecution’s Witnesses
          Affidavit, Chris Knight............................................................................... 82
          Affidavit, Sam Barnes-Smith .................................................................... 88
          Affidavit, Shannon Phillips ....................................................................... 92
    Defense’s Witnesses
          Affidavit, Drew Harding ............................................................................ 97
          Affidavit, Lane Miles............................................................................... 100
          Affidavit, Peyton King............................................................................. 103

Exhibits................................................................................................................. 106
   Exhibit #1, Record of Coroner ......................................................................... 106
   Exhibit #2, Official Lab Report – Jason Richardson ........................................ 112
   Exhibit #3, 911 Phone Transcript .................................................................... 113
   Exhibit #4, Photograph of the back of “The Haunted House” .......................... 116
   Exhibit #5, Diagram of First and Second Floors of “The Haunted House”....... 117
   Exhibit #6, Photographs of Grim Reaper Costume ......................................... 119
   Exhibit #7, Glenn Springs Fingerprint Bureau Report ..................................... 120
   Exhibit #8, Official Toxicology Report - Evidence............................................ 121
   Exhibit #9, Halloween Party Invitation with Fingerprint on Tape...................... 123
   Exhibit #10, Photograph of Glass Vial............................................................. 124
   Exhibit #11, Photograph of Red Plastic “Solo” Brand Cup .............................. 125
   Exhibit #12, Charges for Shannon Phillips ...................................................... 126
   Exhibit #13, Glenn Springs Incident Report..................................................... 129

Jury Instructions.................................................................................................. 135

Glossary of Law Related Terms:
Glossary................................................................................................................. 143




                                                                                                                                 12
                                                                                                                                  ix
TAB INSERT: RULES OF COMPETITION




                                   13
                           Overview of New Rules and
                           Modifications for                       2007
                           High School Mock Trial

For the 2006 case, the following rules have been modified or clarified:

Rule 1.2 Code of Conduct

         A.   Everyone entering the courthouse will be required to enter through a metal
              detector. Please avoid bringing any items restricted by the facility, including
              knives, concealed weapons, cell phones with camera features, or any items
              that will slow the entry process.

         B.   Please respect the arrival times, breaks and lunch times by never being late.
              Lateness for any reason is subject to penalty.

         C.   If cell phones are on any person, they are to be turned off while in the
              courtrooms to avoid any distractions during the duration of the mock trial
              competition.

Rule 1.4 Logo Usage

The High School Mock Trial logo created by the SC Bar for the use of the High School Mock
Trial program can only be used by the SC Bar, except upon prior written approval of the
LRE Director.

Rule 3.4 Team Duties

Team members are to evenly divide their duties. The opening and closing statements must
not be done by the same attorney.

Rule 3.4 Accommodations for Students with Disabilities

If special accommodations are needed for a student with a disability, the teacher coach
must address the issue with the state mock trial coordinator when registering for the
competition or as soon as possible thereafter. The state mock trial coordinator will work with
the teacher coach, the student, and the regional mock trial coordinator to make reasonable
accommodations for the student to the extent fairness to all participants, time constraints,
and facilities allow.

Rule 4.4 Swearing of Witnesses

The presiding judge will oversee the mode and order of the examination of the witnesses
and the presentation of evidence. The oversight of all proceedings ensures that there are



                                                                                                 1
good presentations that bring out the essential facts of the problem, do not consume too
much time, and protect witnesses from harassment or unnecessary embarrassment.

Rule 4.6 Timekeeping

Time limits are mandatory and will be enforced. Each team will have a timekeeper and use
timekeeping aids. The SC Bar will provide timekeeping aids for each trial. The
Prosecution/Plaintiff timekeeper will be the official timekeeper.

Timekeeping begins when the judge instructs the attorney to begin.

Time for objections, extensive questioning from the judge, or administration of the oath will
not be counted as part of the allotted time during examination of witnesses and opening and
closing statements. The presiding judge has the discretion to stop the clock for any reason.
(Improper delay tactics may also result in a scoring penalty. An example of this would be the
unnecessarily lengthy review of proposed exhibits by opposing counsel.)

Time does not stop for introduction of exhibits nor for attorneys to confer with co-counsel.

The timekeeper will assist the presiding judge in timing the following: (see timesheet on
page 37.)
 • Recess – 5 minutes,
 • Consultation with team for rules violation(s) – 3 minutes,
 • Spokesperson preparation time – 3 minutes,
 • Spokesperson Argument – 3 minutes each, and
 • Scoring Judges’ Critique – 10 minutes total

Timekeepers can request to be seated in a location where they can be viewed by the
attorneys, but they must be seated with a sufficient distance from the scoring judges.

Rule 4.11 Supplemental Material/Costuming

No alteration to the exhibits is permitted including, but not limited to highlighting,
enlargements or lamination.

Rule 4.14 Electronics: Cell Phones, Video Cameras and Cameras

It is strongly encouraged that cell phones are not brought to the courthouse and/or place of
the mock trial competition. Some courthouses prohibit cell phones, and they may be
confiscated by security personnel. Teacher sponsors are asked to have their cell phones
on vibrate in order to be reached by the competition coordinator. All others including
attorney coaches, parents and visitors who bring their cell phones are asked to have them
turned off.

Rule 4.18 Objections

7.    Irrelevant Evidence
8.    Leading
9.    Improper Character Testimony
10.   Hearsay


                                                                                                2
11. Opinion
12. Lack of Personal Knowledge

Rule 4.19 Procedure for Introduction of Exhibits

Case materials include proposed exhibits and either team can use any of the exhibits.

Exhibits may be handed to the jury after they are admitted into evidence only with the
permission of the presiding judge.

Rule 4.24 Parents/Visitors

Parents and visitors are welcome to attend the competitions. They will be provided visitor
badges to watch their respective teams. Parents and visitors are not allowed to move
around in the courtroom during a trial or participate in the trial in any way to include asking
about time, raising disputes, or arguing a dispute on behalf of the student(s).

Rule 5.4 Completion of Scoresheets

Students are not scored based on the rulings of the presiding judge. Students are
scored on how they respond to the presiding judge’s rulings.

Scores will NOT be announced at the end of each round. However, tabulated score sheets
will be mailed to the teacher sponsors the next business day.

Rule 6.1 Reporting a Rules Violation/Inside the Bar

A dispute on a rules violation has to be lodged immediately after each individual trial.
Disputes are not handled after the competition or the next business day.




               Also new to the 2007 case materials includes:
                    o an expanded Table of Contents,
                    o an entire section dedicated to perforated
                      forms,
                    o a new section dedicated to preparing
                      for mock trial,
                    o a new glossary on law related terms, and
                    o a video link to see examples of hearsay
                      exceptions.



                                                                                                  3
                                      South Carolina
                                  Rules of the Competition

1. ADMINISTRATION

Rule 1.1 Rules
All trials will be governed by the Rules of the State High School Mock Trial Competition and
the Rules of Evidence (Mock Trial Version).

Questions or interpretations of these rules are within the discretion of the SC Bar, LRE
Division, whose decision is final.

Rule 1.2 Code of Conduct
The Rules of the Competition, as well as proper rules of courthouse and courtroom decorum
and security, must be followed. The SC Bar possesses discretion to impose sanctions, up to
and including forfeiture or disqualification, for any misconduct, flagrant rule violations or
breaches of decorum which affect the conduct of a trial or which impugn the reputation or
integrity of any team, school, participant, court officer, judge or the mock trial program.

         A.   Everyone entering the courthouse will be required to enter through a metal
              detector. Please avoid bringing any items restricted by the facility, including
              knives, concealed weapons, cell phones with camera features, or any items
              that will slow the entry process.

         B.   Please respect the arrival times, breaks and lunch times by never being late.
              Lateness for any reason is subject to penalty.

         C.   If cell phones are on any person, they are to be turned off while in the
              courtrooms to avoid any distractions during the duration of the mock trial
              competition.

Rule 1.3 Emergencies
During a trial, the presiding judge shall have discretion to declare an emergency and adjourn
trial for a short period of time to address the emergency.

In the event of an emergency that would cause a team to be unable to continue a trial or to
participate with less than six members, the team must notify the SC Bar, LRE Division as
soon as is reasonably practical. If the Bar, or its designee(s), in its sole discretion, agrees
that an emergency exists, the SC Bar, or its designee(s), shall declare an emergency and
will decide whether the team will forfeit or may direct that the team take appropriate
measures to continue any trial round with less than six members. A penalty may be
assessed.

A forfeiting team will receive a loss and points totaling the average number of the ballots and
points received by the losing teams in that round. The non-forfeiting team will receive a win
and an average number of ballots and points received by the winning teams in that round.
The Bar will make the final determination regarding emergency, forfeiture, reduction of
points, or advancement.




                                                                                                  4
Rule 1.4 Logo Usage
The High School Mock Trial logo created by the SC Bar for the use of the High School Mock
Trial program can only be used by the SC Bar, except upon prior written approval of the
LRE Director.


2. THE PROBLEM

Rule 2.1 The Problem
The problem will be an original fact pattern, which may contain any or all of the following:
statement of facts, indictment, stipulations, witness statements/affidavits, jury charges,
exhibits, etc. Stipulations may not be disputed at trial. Witness statements may not be
altered.

The problem shall consist of three witnesses per side, all of whom shall have names and
characteristics, which would allow them to be played by either males or females. All three of
the witnesses must be called and no discretion as to the selection of the witnesses shall
exist. The witnesses may be called in any order.

Rule 2.2 Witness Bound by Statements
Each witness is bound by the facts contained in his/her own witness statement, the
stipulations, if present, and/or any necessary documentation relevant to his/her testimony.
Fair extrapolations may be allowed, provided reasonable inference may be made from the
witness’s statement. If, in direct examination, any attorney asks a question that calls for
extrapolated information pivotal to the facts at issue, the information is subject to objection
under Rule 2.3, Creation of Material Facts.

A witness is not bound by facts contained in statements of other witnesses.

Rule 2.3 Creation of Material Facts
A team may make fair inferences from the information presented in the case materials. A
team may also add to its presentation immaterial facts that are consistent with the case
materials. A team may not, however, create a material fact, nor may its lawyers ask
questions calling for the creation of a material fact.

For mock trial purposes, a “material fact” is a fact that gives one side in the case a
significant legal advantage. For example, in the trial of a person for underage drinking, the
fact that the defendant is 30 years old is material, because it automatically establishes the
defendant’s innocence. That the defendant is 30 would usually be immaterial in a case for
breach of contract. In a murder trial, the fact that the defendant had taken out a large
insurance policy on the life of the victim prior to the murder is material, because it suggests
a motive for the crime. The fact that the defendant graduated from Clemson would usually
be immaterial. But if the murder occurred in the parking lot of Williams-Brice Stadium after
Carolina whipped Clemson 45-0, the fact suggests motive and would be material.

When determining whether a fact is “material” or not under the rule, teams should use
common sense. Ask whether the creation of the fact significantly helps either side’s case. If
the answer is “yes,” the fact is material.

If a team creates a material fact in the process of their case, that is best exposed and
attacked through impeachment and closing arguments, and should be dealt with in the


                                                                                                  5
course of the trial. A team that deals with creation of material facts in this fashion will
generally be considered by the scoring judges to be more sophisticated, accomplished, and
experienced than a team that simply objects to “creation of material facts” without trying first
to impeach. Nevertheless, to ensure the integrity of the mock trial competition and to
provide a remedy for situations in which created material facts cannot easily be challenged
through impeachment or closing argument, a special mock trial objection—“creation of
material facts”—has been established.

A team who, in good faith, believes that its opponent has created a material fact may make
such an objection to the presiding judge. The team making the objection must support it by
explaining in detail (1) how the fact gives the opponent a significant legal advantage; and
(2) why it cannot be regarded as a fair inference from the case materials. The team resisting
the objection must be prepared to explain either (1) that the fact does not offer them a
significant legal advantage; or (2) that the fact can be fairly inferred from the case materials.

After hearing from both sides, the presiding judge shall immediately rule in open court on the
“creation of material fact” objection. If the presiding judge sustains the objection, the scoring
judges individually must assess the team against whom the objection is sustained a penalty
of at least three points, but no more than seven points. If the presiding judge overrules the
objection, he must immediately declare whether or not, in his judgment, the objection was
made in good faith. If the presiding judge determines that the objection was not made in
good faith, the scoring judges individually must assess against the team that made the
objection a penalty of at least three points and no more than seven points.

The penalties described in this rule are to be assessed individually by each scoring judge,
i.e., the scoring judges are not to confer and to settle on an identical penalty.

Rule 2.4 Gender of Witnesses
All witnesses are gender neutral. Personal pronoun changes in witness statements
indicating gender of the characters may be made. Any student may portray the role of any
witness of either gender.

Rule 2.5 Voir Dire
Voir Dire examination of a witness is not permitted.

3. TEAMS

Rule 3.1 Team Eligibility
Teams competing in the State High School Mock Trial Championship must be comprised of
students who participated on the team at the district level. The state coordinator may
designate an alternate team to advance to the state competition should one of the district
championship teams be unable to participate.

Students who comprise a team must be enrolled at the same high school. Schools may
enter a maximum of two teams in the competition. However, only one team from any school
will advance to the state championship from the district competition. Schools that enter two
separate teams in the competition may not combine the teams to advance. Once official
team rosters are submitted at the on-site registration at the district competition,
registering new teams or new team members may not be added at any time. A team
may not for any reason substitute any other person for official team members.



                                                                                                    6
Home schooled students may compete in the High School Mock Trial Competitions in the
district in which they reside. The school must submit a letter of eligibility for the home
schooled student before he/she can be placed on the roster. Home school teams may also
compete, provided all students on the roster would be assigned to the same school district
and are not enrolled in a public or private school.

According to the SC Code of Laws, SECTION 59-1-150, "Middle school" means any public
school which contains grades no lower than the fifth and no higher than the eighth; "Junior
high school" shall be considered synonymous with the term "high school;" and "High school"
means any public school which contains grades no lower than the seventh and no higher
than the twelfth. Thus, teams from Jr. High Schools that have grades no lower than the
seventh grade will be allowed to compete in the High School Mock Trial competition.

Rule 3.2 Team Composition
Ideally, teams will be composed of 14 members (including timekeeper and bailiff) assigned
to roles representing the plaintiff/prosecution and defense panels (attorneys and witnesses.)
But, a team with as few as six (6) members may enter the competition.

Teams are encouraged to have an alternate for each position. If a school does not have an
adequate number of members, students may double-duty witness and attorney roles.

At no time may any team for any reason substitute any other person for official team
members. The Team Roster becomes official at the time of on-site registration.

Rule 3.3 Team Presentation
Teams must present both the Prosecution/Plaintiff and Defense/Defendant sides of the
case. Teams must use a minimum of six students (2 attorneys, 3 witnesses, 1
bailiff/timekeeper,) and a maximum of eight students (3 attorneys, 3 witnesses, 1 bailiff, 1
timekeeper) in a given trial round. A timekeeper and a bailiff must be provided by each
team, and one student may play both of those roles.

Each team must call all of its assigned witnesses. Witnesses may not be recalled.

Teams that do not call all of their witnesses will automatically forfeit. (Refer to rule 1.3 for
scoring procedures.)

When a team presents its Prosecution/Plaintiff side of the case, their Bailiff will call the court
to order and swear in witnesses, unless otherwise directed by the judge. When opening
court, the bailiff should announce the name of the case and the name of the presiding judge
as soon as the “jury” is seated.

Rule 3.4 Team Duties
Team members are to evenly divide their duties. The opening and closing statements must
not be done by the same attorney.


Each team must use a minimum of two (2) and a maximum of three (3) attorneys in each
trial. When using three attorneys, each will conduct one direct and one cross-examination;
when using two attorneys, one will conduct two direct examinations and one cross-
examination, and the other will conduct the remaining direct examination and two cross-
examinations. In addition, one attorney will present the opening statement and another will


                                                                                                     7
present the closing argument. The eight attorney duties for each team will be divided as
follows:

1. Opening Statements
2. Direct Examination of Witness #1
3. Direct Examination of Witness #2
4. Direct Examination of Witness #3
5. Cross Examination of Witness #1
6. Cross Examination of Witness #2
7. Cross Examination of Witness #3
8. Closing Argument (including Rebuttal) [See Rule 4.5]

Opening Statements must be given by both sides at the beginning of the trial.

The attorney who conducts the direct examination of a witness is the only person who may
object to the opposing attorney's questions during that witness’s cross-examination. The
attorney who conducts the cross-examination of a witness is the only one permitted to object
during the direct examination of that witness.

Witnesses must be called only by their team during their case-in-chief and examined by both
sides. Neither side may recall a witness.

Closing arguments must be based on the actual evidence and testimony presented during
the trial. (If evidence was not presented during the trial, it cannot be used in the closing
arguments.) No person can do both the opening and closing statements.


Rule 3.5 Team Roster Form Description
Copies of the Team Roster Form must be completed and duplicated by each team prior to
arrival at the courtroom for each round of competition. Teams must be identified by the code
assigned at registration. No information identifying team origin should appear on the form.
Before beginning a trial, the teams must exchange copies of the Team Roster Form. The
form should identify the gender of each witness so that references to such parties will be
made in the proper gender. Copies of the Team Roster Form should also be made available
to the judging panel and presiding judge before each round. The presiding judge should ask
each team to introduce itself by team code, student name, and the role they will play. This
should be done both before and after the trial.

Rule 3.6 Accommodations for Students with Disabilities
If special accommodations are needed for a student with a disability, the teacher coach
must address the issue with the state mock trial coordinator when registering for the
competition or as soon as possible thereafter. The state mock trial coordinator will work with
the teacher coach, the student, and the regional mock trial coordinator to make reasonable
accommodations for the student to the extent fairness to all participants, time constraints,
and facilities allow.

Documentation regarding a specific disability may be required in order for special
arrangements to be made. Confidentiality of information received will be maintained, except
to the extent disclosure is necessary to make accommodation.




                                                                                                 8
4. THE TRIAL

Rule 4.1 Courtroom Setting
The Plaintiff/Prosecution team shall be seated closest to the jury box. No team shall
rearrange the courtroom without prior permission from the presiding judge.

Rule 4.2 Stipulations
Stipulations shall be considered part of the record and already admitted into evidence.

Rule 4.3 Reading into the Record Not Permitted
Stipulations, the indictment, or the Charge to the Jury will not be read into the record.

Rule 4.4 Swearing of Witnesses
The following oath may be used before questioning begins:

"Do you promise that the testimony you are about to give will faithfully and truthfully conform
to the facts and rules of the mock trial competition?"

The swearing of witnesses will occur in one of two ways. Either the presiding judge will
indicate all witnesses are assumed to be sworn, or the above oath will be conducted by (a)
the presiding judge, (b) a bailiff, provided by the team; or (c) the examining attorney. The
state coordinator will indicate which method will be used during all rounds of the current
year's tournament. Witnesses may stand or sit during the oath.

The presiding judge will oversee the mode and order of the examination of the witnesses
and the presentation of evidence. The oversight of all proceedings ensures that there are
good presentations that bring out the essential facts of the problem, do not consume too
much time, and protect witnesses from harassment or unnecessary embarrassment.


Rule 4.5 Trial Sequence and Time Limits
The trial sequence and time limits are as follows:
1. Opening Statement (5 minutes per side)
2. Direct and Redirect (optional) Examination (25 minutes per side)
3. Cross and Re-cross (optional) Examination(20 minutes per side)
4. Closing Argument (5 minutes per side)

The Prosecution/Plaintiff gives the opening statement first. The Prosecution/Plaintiff gives
the closing argument first, but may reserve a portion of its closing time for a rebuttal. The
Prosecution/Plaintiff's rebuttal is limited to the scope of the Defense’s closing argument.

Attorneys are not required to use the entire time allotted to each part of the trial. However,
time remaining in one part of the trial may not be transferred to another part of the trial.




                                                                                                  9
Rule 4.6 Timekeeping
Time limits are mandatory and will be enforced. Each team will have a timekeeper and use
timekeeping aids. The SC Bar will provide timekeeping aids for each trial. The
Prosecution/Plaintiff timekeeper will be the official timekeeper.

Timekeeping begins when the judge instructs the attorney to begin.

Time for objections, extensive questioning from the judge, or administration of the oath will
not be counted as part of the allotted time during examination of witnesses and opening and
closing statements. The presiding judge has the discretion to stop the clock for any reason.
(Improper delay tactics may also result in a scoring penalty. An example of this would be the
unnecessarily lengthy review of proposed exhibits by opposing counsel.)

Time does not stop for introduction of exhibits nor for attorneys to confer with co-counsel.

The timekeeper will assist the presiding judge in timing the following: (see timesheet on
page 37.)
 • Recess – 5 minutes,
 • Consultation with team for rules violation(s) – 3 minutes,
 • Spokesperson preparation time – 3 minutes,
 • Spokesperson Argument – 3 minutes each, and
 • Scoring Judges’ Critique – 10 minutes total

Timekeepers can request to be seated in a location where they can be viewed by the
attorneys, but they must be seated with a sufficient distance from the scoring judges.

Rule 4.7 Time Extensions and Scoring
The presiding judge has sole discretion to grant time extensions. If time has expired and an
attorney continues without permission from the Court, the scoring judges may determine
individually whether to discount points in a category because of overruns in time. If an
attorney secures a time extension from the Court before time has expired, no penalty for a
time overrun will be assessed against the team requesting the extension, so long as that
team does not exceed the extension.

Rule 4.8 Motions
No motions may be made except in the event of an extreme emergency, i.e. health
emergency or threat of danger, in which case a motion for a recess may be made. To the
greatest extent possible, team members are to remain in place. Should a recess be called,
teams are not to communicate with any observers, coaches, or instructors regarding the
trial.

A motion for directed verdict, acquittal or dismissal of the case at the end of the
Prosecution's case may not be used.

Rule 4.9 Sequestration
Teams may not invoke the rule of sequestration.

Rule 4.10 Bench Conferences
Bench conferences may be granted at the discretion of the presiding judge, but should be
made from the counsel table in the educational interest of handling all matters in open court.



                                                                                                 10
Rule 4.11 Supplemental Material/Costuming
Teams may refer only to materials included in the trial packet. No illustrative aids of any kind
may be used, unless provided in the case packet. No alteration to the exhibits is permitted
including, but not limited to highlighting, enlargements or lamination. Absolutely no props are
permitted unless authorized specifically in the case materials. Costuming is allowed only to
the extent that it portrays the gender of the witness.

The only documents that the teams may present to the presiding judge or the scoring panel
are the individual exhibits as they are introduced into evidence, and the team roster forms.
Exhibit notebooks are not to be provided to the presiding judge or scoring panel.

Rule 4.12 Trial Communication
Coaches, teachers, alternates and observers shall not talk to, signal, communicate with, or
coach their teams during trial. This rule remains in force during any emergency recess that
may occur. Team members may, among themselves, communicate during the trial;
however, no disruptive communication is allowed. Signaling of time by the teams’
timekeepers shall not be considered a violation of this rule.

Coaches, teachers, alternates and observers must remain outside the bar in the spectator
section of the courtroom after the trial has begun. Only team members participating in a
given round may sit inside the bar and communicate with each other. If any substitutions
must be made, they must be made before the trial begins. The ONLY exception to this rule
is if a participating team member becomes medically unable to proceed with the trial.

Rule 4.13 Viewing a Trial
Team members, alternates, attorney coaches, teachers/sponsors, and any other persons
directly associated with a specific mock trial team, except for those authorized by the SC
Bar, LRE Division, are not allowed to view other teams in competition, so long as their team
remains in the competition.

Rule 4.14 Electronics: Cell Phones, Video Cameras and Cameras
It is strongly encouraged that cell phones are not brought to the courthouse and/or place of
the mock trial competition. Some courthouses prohibit cell phones, and they may be
confiscated by security personnel. Teacher sponsors are asked to have their cell phones
on vibrate in order to be reached by the competition coordinator. All others including
attorney coaches, parents and visitors who bring their cell phones are asked to have them
turned off.

Any team has the option to refuse participation in videotaping, tape recording or still
photography by opposing teams. Flash photography of any round is not allowed by
spectators.

Media coverage will be allowed. Media or other representatives may use various media to
document the mock trial rounds, as approved by the SC Bar, LRE Division Staff. Media or
other representatives authorized by the SC Bar, LRE Division will wear identification
badges. (See the talent release form for additional information on page 39.)

Rule 4.15 Jury Trial
The case will be tried to a jury and thus, arguments are to be made to judge and jury.
Teams may address the scoring judges as the jury.



                                                                                                   11
Rule 4.16 Standing during Trial
Unless excused by the judge, attorneys will stand while giving opening and closing
statements, during direct and cross examinations, and for all objections.

Rule 4.17 Objections during Opening Statement/Closing Argument
No objections may be raised during opening statements or during closing argument.

If a team believes an objection would have been proper during the opposing team’s closing
argument, one of its attorneys may, following the closing argument, stand to be recognized
by the judge and may say “If I had been permitted to object during closing arguments, I
would have objected to the opposing team’s statement that ___________________.” The
attorney who delivered the closing argument that is the subject of such “objection” may then
stand, after being recognized by the judge, and deliver a brief rebuttal limited solely to the
scope of the “objection.” The presiding judge will not rule on this exchange.

The “objection” permitted by this rule should generally be used only to challenge a closing
argument (or portion thereof) that is not based on evidence properly admitted at trial. An
attorney attempting to rebut such an “objection” should be prepared to describe the specific
evidence (or inference therefrom) on which the challenged argument is based. Teams
should not use this rule merely to challenge the strength or logical force of their opponents’s
arguments. Scoring judges should consider such use of this rule improper, and they may, in
their sole discretion, adjust their scores accordingly.
   Example No. 1: Plaintiff’s counsel in a medical malpractice trial argues at closing that
   Plaintiff should prevail because the opinion of Plaintiff’s expert, Dr. Feelgood,
   conclusively showed that the doctor who had operated on Plaintiff was negligent. At the
   conclusion of counsel’s closing, defense counsel invokes this rule and objects to the
   portion of Plaintiff’s closing that referred to Dr. Feelgood’s expert opinion. Defense
   counsel observes that, since Dr. Feelgood was never admitted as an expert by the
   Court, Plaintiff’s counsel’s discussion of the doctor’s “expert opinion” is based on facts
   not in evidence. This argument is appropriate under this rule.
   Example No. 2: Assume that, in the same trial, the judge had admitted Dr. Feelgood as
   an expert. At the close of Plaintiff’s closing, defense counsel invokes this rule and
   objects again. This time, defense counsel argues that Plaintiff’s discussion of Dr.
   Feelgood’s expert opinion should be stricken because the doctor is a quack who always
   testifies for plaintiffs. This argument is inappropriate under the rule. Rather than
   challenge an argument based on facts not in evidence, it simply takes issue with the
   inferences to be drawn from properly admitted evidence. That sort of challenge should
   be made in the closing argument itself, not in a post-argument objection.
Scoring judges will weigh the “objection” and rebuttal individually.

Rule 4.18 Objections
1. Argumentative Questions: An attorney shall not ask argumentative questions.
2. Lack of Proper Predicate/Foundation: Attorneys shall lay a proper foundation prior
    to moving the admission of evidence. After the exhibit has been offered into evidence,
    the exhibit may still be objected to on other grounds.
3. Assuming Facts Not in Evidence: Attorneys may not ask a question that assumes
    unproved facts. However, an expert witness may be asked a question based upon
    stated assumptions, the truth of which is reasonably supported by evidence
    (sometimes called a “hypothetical question”).



                                                                                                  12
4.  Questions Calling for Narrative or General Answer: Questions must be stated so
    as to call for a specific answer. (example of improper question: “Tell us what you know
    about this case.”)
5. Non-Responsive Answer: A witness’s answer is objectionable if it fails to respond to
    the question asked.
6. Repetition: Questions designed to elicit the same testimony or evidence previously
    presented in its entirety are improper if merely offered as a repetition of the same
    testimony or evidence from the same or similar source.
7. Irrelevant Evidence
8. Leading
9. Improper Character Testimony
10. Hearsay
11. Opinion
12. Lack of Personal Knowledge

Only the attorney "responsible" for the particular witness may object. For instance, the
attorney who directly examines a witness objects when that witness is being crossed, and
the attorney who crosses a witness objects when that witness is being directly examined.

Teams are not precluded from raising additional objections that are available under the High
School Mock Trial Rules of Evidence.

Rule 4.19 Procedure for Introduction of Exhibits
Case materials include proposed exhibits and either team can use any of the exhibits.

Exhibits may be handed to the jury after they are admitted into evidence only with the
permission of the presiding judge.

As an example, the following steps effectively introduce evidence:
1. All evidence will be pre-marked as exhibits.
2. Ask for permission to approach the bench. Show the presiding judge the marked
    exhibit. “Your Honor, may I approach the bench to show you what has been marked as
    Exhibit No.           ?”
3. Show the exhibit to the opposing counsel.
4. Ask for permission to approach the witness. Give the exhibit to the witness.
5. “I now hand you what has been marked as Exhibit No.                   for identification.”
6. Ask the witness to identify the exhibit. “Would you identify it please?”
7. Witness answers with identification only.
8. Offer the exhibit into evidence. “Your Honor, we offer Exhibit No.                into evidence
    at this time. The authenticity of this exhibit has been stipulated.”
9. Court: “Is there an objection?” (If opposing counsel believes a proper foundation has
    not been laid, the attorney should be prepared to object at this time.)
10. Opposing Counsel: “No, your Honor, or “Yes, your Honor.” If the response is “yes” the
    objection will be stated on the record. Court: “Is there any response to the objection?”
11. Court: “Exhibit No.        is/is not admitted.”

Rule 4.20 Usage of Notes
Attorneys may use notes in presenting their cases. Witnesses are not permitted to use notes
during their testimony. Attorneys may consult with each other at counsel table orally or
through the use of notes.



                                                                                                     13
Rule 4.21 Redirect/Recross
Redirect and recross examinations are permitted. The scope of redirect of a witness,
however, is limited to the scope of the opposing team's cross-examination of that witness.
Likewise, the scope of re-cross is limited to the scope of the re-direct.

Rule 4.22 Scope of Closing Arguments
Closing arguments must be based on the actual evidence and testimony presented during
the trial.

Rule 4.23 The Critique
The judging panel is allowed 10 minutes for debriefing. The timekeeper will monitor the
critique following the trial. Presiding judges are to limit critique sessions to a combined total
of ten minutes.

Judges will not make a ruling on the legal merits of the trial. Judges may not inform the
students of score sheet results.

Rule 4.24 Parents/Visitors
Parents and visitors are welcome to attend the competitions. They will be provided visitor
badges to watch their respective teams. Parents and visitors are not allowed to move
around in the courtroom during a trial or participate in the trial in any way to include asking
about time, raising disputes, or arguing a dispute on behalf of the student(s).

Rule 4.25 Offers of Proof
No offers of proof may be requested or tendered.


5. JUDGING AND TEAM ADVANCEMENT

Rule 5.1 Finality of Decisions
All decisions of the judging panel are FINAL.

Rule 5.2 Composition of Judging Panels
The judging panel will consist of at least three individuals. The composition of the judging
panel and the role of the presiding judge will be at the discretion of the state coordinator,
with the same format used throughout the competition, as follows:

1.   One presiding judge and two scoring judges (all three of whom complete score sheets);
     or
2.   One presiding judge and three scoring judges (scoring judges only complete score
     sheets)

The scoring judges may be persons with substantial mock trial coaching or scoring
experience or attorneys. Each scoring panel shall include at least one attorney. The
presiding judge shall be an attorney or a judge.

The Championship round may have a larger judging panel at the discretion of the state
coordinator.




                                                                                                    14
All presiding and scoring judges receive the mock trial manual, a memorandum outlining the
case and orientation materials. A training session for presiding and scoring judges will be
offered.

Rule 5.3 Scoresheets / Ballots
The term "ballot" will refer to the decision made by a scoring judge as to which team made
the best presentation in the round. The term "scoresheet" is used in reference to the form on
which speaker and team points are recorded. Scoresheets are to be completed individually
by the scoring judges. Scoring judges should not necessarily reflect the rulings of the
presiding judge during trial on their score assignments, as sometimes rulings are made just
to test the resilience or competence of a team. The team that earns the highest points on an
individual judge's score sheet is the winner of that ballot. The team that receives the majority
of the three ballots wins the round. The ballot votes determine the win/loss record of the
team for power matching and ranking purposes. While the judging panel may deliberate on
any special awards (i.e., Most Effective Attorney/Witness) the judging panel should not
deliberate on individual scores, beyond what is necessary to ensure that judges’ scores are
in similar ranges.

Rule 5.4 Completion of Scoresheets
Each scoring judge shall record a number of points (1-10) for each presentation of the trial.
A scoring matrix to assist in scoring is found on each score sheet provided to the judges. At
the end of the trial, each scoring judge shall total the sum of each team’s individual points,
place this sum in the Column Totals Box, and circle the team (“P” for prosecution/plaintiff or
“D” for defense/defendant) indicating their overall vote for the best team of the round. This
vote should coincide with the team that scored the highest number of points. NO TIE IS
ALLOWED IN THE COLUMN TOTAL BOXES.

In the event of a mathematical error in tabulation by the scoring judges which, when
corrected, results in a tie in the Column Total Boxes, the Tiebreaker Box shall determine
award of the ballot.

Students are not scored based on the rulings of the presiding judge. Students are
scored on how they respond to the presiding judge’s rulings.

Scores will NOT be announced at the end of each round. However, tabulated score sheets
will be mailed to the teacher sponsors the next business day.

Rule 5.5 Team Advancement
Teams will be ranked based on the following criteria in the order listed:
1. Win/Loss record based on the number of rounds won or lost by a team;
2. Total number of ballots based on the number of scoring judges’ votes a team earned
   in preceding rounds;
3. Total number of points accumulated in each round;
4. Point spread against opponents: The point spread is the difference between the
   total points earned by the team whose tie is being broken less the total points of
   that team's opponent in each previous round. The greatest sum of these point
   spreads will break the tie in favor of the team with the largest cumulative point
   spread.




                                                                                                   15
Only one team per school will be allowed to advance from a District to the State
Championship, and that team will be the one of the two that finishes with the higher number
of ballots or points.

Rule 5.6 Power Matching / Seeding
Power matching will be used at the District and State Competitions.

A random method of selection will determine opponents in the first round. A power match
system will determine opponents for all other rounds. The two teams emerging with the
strongest record from the four rounds will advance to the final round. The team with the
most number of ballots in the championship round will become the first-place team.

Power matching will provide that:
1. Pairings for the first round will be at random;
2. All teams are guaranteed to present each side of the case at least once;
3. Brackets will be determined by win/loss record. Sorting within brackets will be
   determined in the following order: (1) win/loss record; (2) total ballots; (3) total points;
   then (4) point spread. The team with the highest number of ballots in the bracket
   will be matched with the team with the lowest number of ballots in the bracket; the
   next highest with the next lowest, and so on until all teams are paired;
4. If there are an odd number of teams in a bracket, the team at the bottom of that
   bracket will be matched with the top team from the next lower bracket;
5. Ideally, teams will not meet the same opponent twice;
6. To the greatest extent possible, teams will alternate side presentation in
   subsequent rounds. Bracket integrity in power matching will supersede alternate
   side presentation.

Rule 5.7 Selection of Sides for State Championship Round
In determining which team will represent which side in the Championship Round, the
following procedure shall be used:
1. The team with the letter code that comes first alphabetically will be
     considered the "Designated Team."
2. The coin will be tossed by a designee of the SC Bar.
3. If the coin comes up heads, the Designated Team shall represent the
     plaintiff/prosecution in the Championship Round. If the coin comes up tails, the
     Designated Team shall represent the defendant.
4. If the two teams in the championship round have already met in a prior round, their prior
     designations as plaintiff/prosecution and defense will automatically be reversed.

Rule 5.8 Effect of Bye / Default
A "bye" becomes necessary when an odd number of teams are present for the tournament.
For the purpose of advancement and seeding, when a team draws a bye or wins by default,
the winning team for that round will be given a win and the number of ballots and points
equal to the average of all winning teams’ ballots and points of that same round. The state
coordinator may, if time and space allow, arrange for a "bye round" to allow teams drawing a
bye to compete against one another in order to earn a true score.

The SC Bar, LRE Division has the discretion on how to handle a bye in all rounds of the
tournament.




                                                                                                  16
6. DISPUTE RESOLUTION

Rule 6.1 Reporting a Rules Violation / Inside the Bar
Disputes that occur within the bar must be filed immediately following the conclusion of that
trial round. Disputes must be brought to the attention of the presiding judge at the
conclusion of the trial.

If any team believes that a substantial rules violation has occurred, one of its student
attorneys must indicate that the team intends to file a dispute. The scoring panel will be
excused from the courtroom, and the presiding judge will provide the student attorney with a
dispute form, on which the student will record in writing the nature of the dispute. The
student may communicate with counsel and/or student witnesses before lodging the notice
of dispute or in preparing the form.

At no time in this process may team sponsors or coaches communicate or consult with the
student attorneys. Only student attorneys may invoke the dispute procedure.

A dispute on a rules violation has to be lodged immediately after each individual trial.
Disputes are not handled after the competition or the next business day.


Rule 6.2 Dispute Resolution Procedure / Inside The Bar
The presiding judge will review the written dispute and determine whether the dispute
should be heard or denied. If the dispute is denied, the judge will record the reasons for this,
announce her/his decision to the Court, retire to complete his/her score sheet (if applicable),
and turn the dispute form in with the score sheets. If the judge feels the grounds for the
dispute merit a hearing, the form will be shown to opposing counsel for their written
response. After the team has recorded its response and transmitted it to the judge, the judge
will ask each team to designate a spokesperson. After the spokespersons have had time
(not to exceed three minutes) to prepare their arguments, the judge will conduct a hearing
on the dispute, providing each team's spokesperson three minutes for a presentation. The
judge may question the spokespersons. At no time in this process may team sponsors or
coaches communicate or consult with the student attorneys. After the hearing, the presiding
judge will adjourn the court and retire to consider her/his ruling on the dispute. That decision
will be recorded in writing on the dispute form, with no further announcement.

Rule 6.3 Effect of Violation on Score
If the presiding judge determines that a substantial rules violation has occurred, the judge
will inform the scoring judges of the dispute and provide a summary of each team's
argument. The scoring judges will consider the dispute before reaching their final decisions.
The dispute may or may not affect the final decision, but the matter will be left to the
discretion of the scoring judges and indicated in the penalty box on the score sheet.

Rule 6.4 Reporting of Rules Violation / Outside of the Bar
Disputes that occur outside the bar only during a trial round may be brought by teacher or
attorney-coaches exclusively. Such disputes must be made promptly to a trial coordinator or
a member of the LRE Staff, who will ask the complaining party to complete a dispute form.
The form will be taken to the tournament’s communication’s center, whereupon a dispute
resolution panel will (a) notify all pertinent parties; (b) allow time for a response, if
appropriate; (c) conduct a hearing; and (d) rule on the charge. The dispute resolution panel



                                                                                                   17
may notify the judging panel of the affected courtroom of the ruling on the charge or may
assess an appropriate penalty.

The dispute resolution panel will be composed of LRE Staff and other competition
officials.




                                                                                            18
TAB INSERT: RULES OF EVIDENCE




                                19
                                    RULES OF EVIDENCE

In a trial, elaborate rules are used to regulate the admission of proof (i.e., oral or physical
evidence). These rules are designed to ensure that both parties receive a fair hearing and to
exclude any evidence deemed irrelevant, incompetent, untrustworthy, or unduly prejudicial. If it
appears that a rule of evidence is being violated, an attorney may raise an objection to the
presiding judge. The judge then decides whether the rule has been violated and whether the
evidence must be excluded from the record of the trial. In the absence of a properly made
objection, however, the judge will probably allow the evidence. The burden is on the team to
know the rules and to be able to use them to protect their client and to limit the actions of
opposing counsel and their witnesses (for example, to exclude hearsay and prevent unfair
extrapolation).

The mock trial rules are a modified version of the Federal Rules of Evidence. If there is any
conflict not in the Mock Trial Rules of Evidence and the Federal or South Carolina Rules of
Evidence, the Mock Trial Rules of Evidence will control.

Formal rules of evidence are quite complicated and differ depending on the court where the
trial occurs. For purposes of this mock trial competition, the rules of evidence have been
modified and simplified below. Not all judges will interpret the rules of evidence (or procedure)
the same way and you must be prepared to point out the specific rule (quoting it, if necessary)
and to argue persuasively for the interpretation and application of the rule you think proper. No
matter which way the judge rules, accept his ruling with grace and courtesy.


Rule 101      Scope
       These rules govern proceedings in the South Carolina Mock Trial Competition.

Rule 102       Purpose and Construction
       These rules shall be construed to secure fairness in administration, elimination of
       unjustifiable expense and delay, and promotion of growth and development of the law
       of evidence to the end that the truth may be ascertained and proceedings justly
       determined.

Rule 105       Limited Admissibility
       When evidence that is admissible to one party or for one purpose but not admissible
       as to another party or for another purpose is admitted, the court, upon request, shall
       restrict the evidence to its proper scope and instruct the jury accordingly.

Rule 106      Remainder of Related Writings or Recorded Statements
       When a writing or recorded statement or part thereof is introduced by a party, an
       adverse party may require the introduction at that time of any other part or any
       other writing or recorded statement which ought in fairness to be considered
       contemporaneously with it.

Rule 201        Judicial Notice of Adjudicative Facts
                (a)   Scope of rule: This rule governs only judicial notice of adjudicative
                       facts.
                (b)   Kind of facts: A judicially noticed fact must be one not subject to
                      reasonable dispute in that it is either (1) generally known within the
                      territorial jurisdiction of the trial court or (2) capable of accurate and


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                     ready determination by resort to sources whose accuracy cannot
                     reasonably be questioned.
              (c)    When discretionary: A court may take judicial notice, whether requested
                     or not.
              (d)    When mandatory: A court shall take judicial notice if requested by a
                     party and supplied with the necessary information.
              (e)    Opportunity to be heard: A party is entitled upon timely request to an
                     opportunity to be heard as to the propriety of taking judicial notice and
                     the tenor of the matter noticed. In the absence of prior notification, the
                     request may be made after judicial notice has been taken.
              (f)    Time of taking notice: Judicial notice may be taken at any stage of the
                     proceeding.
              (g)    Instructing jury: In a civil action or proceeding, the court shall instruct
                     the jury to accept as conclusive any fact judicially noticed. In a
                     criminal case, the court shall instruct the jury that it may, but is not
                     required to, accept as conclusive any fact judicially noticed.

Rule 401       Definition of Relevant Evidence
      Relevant evidence means evidence having any tendency to make the existence of any
      fact that is of consequence to the determination of the action more probable or less
      probable than it would be without the evidence.

Rule 402       Relevant Evidence Generally Admissible; Irrelevant Evidence
                      Inadmissible
      All relevant evidence is admissible, except as otherwise as provided by these rules.
      Evidence that is not relevant is not admissible.

Rule 403      Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or
               Waste of Time
      Although relevant, evidence may be excluded if its probative value is substantially
      outweighed by the danger of unfair prejudice, confusion of the issues, misleading of the
      jury, or by considerations of undue delay, waste of time, or needless presentation of
      cumulative evidence.


Rule 404      Character Evidence Not Admissible To Prove Conduct; Exceptions; Other
              Crimes
              (a)   Character evidence generally: Evidence of a person's character or a
                    trait of character is not admissible for the purpose of proving action in
                    conformity therewith on a particular occasion, except:

                     (1)    Character of accused: Evidence of a pertinent trait of character
                            offered by an accused, or by the prosecution to rebut the same.

                     (2)    Character of victim: Evidence of a pertinent trait of character of
                            the victim of the crime offered by an accused, or by the
                            prosecution to rebut the same, or evidence of a character trait of
                            peacefulness of the victim offered by the prosecution in a
                            homicide case to rebut evidence that the victim was the first
                            aggressor.



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                       (3)    Character of witness: Evidence of the character of a witness as
                              provided in Rules 607, 608, and 609.

                (b)   Other crimes, wrongs, or acts: Evidence of other crimes, wrongs, or acts
                      is not admissible to prove the character of a person in order to show
                      action in conformity therewith. It may, however, be admissible for other
                      purposes, such as proof of motive, opportunity, intent, preparation, plan,
                      knowledge, identity, or absence of mistake or accident.

Rule 405       Methods of Proving Character
               (a)   Reputation or opinion: In all cases in which evidence of character or a
                    trait of character of a person is admissible, proof may be made by
                    testimony as to reputation or by testimony in the form of an opinion. On
                    cross-examination, inquiry is allowable into relevant specific instances of
                    conduct.

                (b)   Specific instances of conduct: In cases in which character or a trait of
                      character of a person is an essential element of a charge, claim, or
                      defense, proof may also be made of specific instances of that person's
                      conduct.

Rule 406      Habit; Routine Practice
      Evidence of the habit of a person or of the routine practice of an organization, whether
      corroborated or not and regardless of the presence of eyewitnesses, is relevant to
      prove that the conduct of the person or organization on a particular occasion was in
      conformity with the habit or routine practice.

Rule 407      Subsequent Remedial Measures
      When, after an event, measures are taken which, if taken previously, would have made
      the event less likely to occur, evidence of the subsequent measures is not admissible to
      prove negligence or culpable conduct in connection with the event. This rule does not
      require the exclusion of evidence of subsequent measures when offered for another
      purpose, such as proving ownership, control, or feasibility of precautionary measures, if
      controverted, or impeachment.

Rule 408       Compromise and Offers to Compromise (not applicable in criminal cases)
      Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering
      or promising to accept, a valuable consideration in compromising or attempting to
      compromise a claim which was disputed as to either validity or amount, is not
      admissible to prove liability for or invalidity of the claim or its amount. Evidence of
      conduct or statements made in compromise negotiations is likewise not admissible.
      This rule does not require the exclusion of any evidence otherwise discoverable merely
      because it is presented in the course of compromise negotiations. This rule also does
      not require exclusion when the evidence is offered for another purpose, such as proving
      bias or prejudice of a witness, negating a contention of undue delay, or proving an effort
      to obstruct a criminal investigation or prosecution.

Rule 409     Payment of Medical and Similar Expenses (not applicable in criminal cases)
      Evidence of furnishing or offering or promising to pay medical, hospital, or similar
      expenses occasioned by an injury is not admissible to prove liability for the injury.



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Rule 410       Inadmissibility of Pleas, Plea Discussions and Related Statements
      Except as otherwise provided in this rule, evidence of the following is not, in any civil or
      criminal proceeding, admissible against the defendant who made the plea or was a
      participant in the plea discussions:
      (1) a plea of guilty which was later withdrawn
      (2) a plea of nolo contendere
      (3) any statement made in the course of any proceedings under Rule 11 of the
            Federal Rules of Criminal Procedure or comparable state procedure regarding
            either of the foregoing pleas, or
      (4) any statement made in the course of plea discussions with an attorney for the
            prosecuting authority which do not result in a plea of guilty or which result in a
            plea of guilty later withdrawn.

       However, such a statement is admissible in any proceeding wherein another statement
       made in the course of the same plea or plea discussions has been introduced and the
       statement ought in fairness be considered contemporaneously with it, or in a criminal
       proceeding for perjury or false statement if the statement was made by the defendant
       under oath, on the record and in the presence of counsel.

Rule 411      Liability Insurance (not applicable in criminal cases)
      Evidence that a person was or was not insured against liability is not admissible upon
      the issue whether the person acted negligently or otherwise wrongfully. This rule does
      not require the exclusion of evidence of insurance against liability when offered for
      another purpose, such as agency, ownership, or control, or bias or prejudice of a
      witness.

Rule 501       Privileges - General Rule
      There are certain admissions and communications excluded from evidence on grounds
      of public policy. Among these are:
      (1) Communications between husband and wife.
      (2) Communications between attorney and client.
      (3) Communications among grand jurors.
      (4) Secrets of State, and
      (5) Communications between psychiatrist and patient.

Rule 601      General Rule of Witness Competency
      Every person is competent to be a witness except as otherwise provided in these rules.
      However, in civil actions and proceedings, with respect to an element of a claim or
      defense as to which State law supplies the rule of decision, the competency of a
      witness shall be determined in accordance with State law.

Rule 602       Lack of Personal Knowledge
      A witness may not testify to a matter unless evidence is introduced sufficient to support
      a finding that the witness has personal knowledge of the matter. Evidence to prove
      personal knowledge may, but need not, consist of the witness's own testimony. This
      rule is subject to the provisions of Rule 703, related to opinion testimony by expert
      witnesses.

Rule 603        Oath or Affirmation
      Before testifying, every witness shall be required to declare that the witness will testify
      truthfully, by oath or affirmation, by the oath provided in these materials.


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Rule 604      Interpreters
      An interpreter is subject to the provisions of these rules relating to qualification as an
      expert and the administration of an oath or affirmation to make a true translation.

Rule 607      Who May Impeach
      The credibility of a witness may be attacked by any party, including the party calling the
      witness.

Rule 608       Evidence of Character and Conduct of Witness
      (a)     Opinion and reputation evidence of character: The credibility of a witness may
              be attacked or supported by evidence in the form of opinion or reputation, but
              subject to two limitations:
              (1)     The evidence may refer only to character for truthfulness or
                      untruthfulness, and
              (2)     The evidence of truthful character is admissible only after the character
                      of the witness for truthfulness has been attacked by opinion or
                      reputation evidence or otherwise.

      (b)     Specific instances of conduct: Specific instances of the conduct of a witness, for
              the purpose of attacking or supporting the witness’s credibility, other than
              conviction of crime as provided in Rule 609, may not be proved by extrinsic
              evidence. They may, however, in the discretion of the court, if probative of
              truthfulness or untruthfulness, be inquired into on cross-examination of the
              witness (1) concerning the witness’s character for truthfulness or untruthfulness,
              or (2) concerning the character for truthfulness or untruthfulness of another
              witness as to which character the witness being cross-examined has testified.

       The giving of testimony, whether by an accused or by any other witness, does not
       operate as a waiver of the accused's or the witness’s privilege against self-incrimination
       when examined with respect to matters which related only to credibility.




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Rule 609       Impeachment by Evidence of Conviction of Crime
       (a)     General Rule: For the purpose of attacking the credibility of a witness:

               (1) Evidence that a witness other than an accused has been convicted of a
                   crime shall be admitted, subject to Rule 403, if the crime was punishable by
                   death or imprisonment in excess of one year under the law under which the
                   witness was convicted, and evidence that an accused has been convicted
                   of such of a crime shall be admitted if the court determines that the
                   probative value of admitting this evidence outweighs its prejudicial effect to
                   the accused; and

               (2) Evidence that any witness has been convicted of a crime shall be
                   admitted if it involves dishonesty or false statement, regardless of
                   punishment.

       (b)    Time Limit: Evidence of a conviction under this rule is not admissible if a period
              of more than ten years has elapsed since the date of the conviction or of the
              release of the witness from the confinement imposed therefore, whichever is the
              later date; unless the court determines, in the interest of justice, that the
              probative value of the conviction supported by specific facts and circumstances
              substantially outweighs the prejudicial effect. However, evidence of a conviction
              more than ten years old as calculated herein, is not admissible unless the
              proponent gives to the adverse party sufficient advance written notice of intent
              to use such evidence to provide the adverse party with a fair opportunity to
              contest the use of such evidence.

        (c)   Effect of pardon, annulment, or certificate of rehabilitation: Evidence of a
              conviction is not admissible under this rule if (1) the conviction has been the
              subject of a pardon, annulment, certificate of rehabilitation, or other equivalent
              procedure based on a finding of the rehabilitation of the person convicted of a
              subsequent crime which was punishable by death or imprisonment in excess of
              one year, or (2) the conviction has been the subject of a pardon, annulment, or
              other equivalent procedure based on a finding of innocence.

              Juvenile Adjudication’s: Evidence of juvenile adjudication is generally not
              admissible under this rule. The court may, however, in a criminal case allow
              evidence of a juvenile adjudication of a witness other than the accused if
              conviction of the offense would be admissible to attack the credibility of an adult
              and the court is satisfied that admission of the evidence is necessary for a fair
              determination of the issue of guilt or innocence.

              Pendency of appeal: The pendency of an appeal therefore does not render
              evidence of a conviction inadmissible. Evidence of the pendency of an appeal
              is admissible.

Rule 610     Religious Beliefs or Opinions
       Evidence of the beliefs or opinions of a witness on matters of religion is not admissible
       for the purpose of showing that by reason of their nature, the witness’s credibility is
       impaired or enhanced.




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Rule 611       Mode and Order of Interrogation and Presentation
       (a)     Direct Examination: Direct questions should be phrased to evoke facts from the
               witness. Witnesses may not be asked leading questions by the attorney who
               calls them. A leading question is one that suggests to the witness the answer
               desired by the examiner and often suggests a "yes" or "no" answer.

               Example of a direct question: "Mr. Patterson, prior to today, have you ever met
               the subject of this petition, Jeremiah Winstead?" Example of a leading question:
               "Mr. Patterson, isn't it true that you kidnapped Jeremiah at the Hot Shoppes on
               New York Avenue?" While the purpose of direct examination is to get the
               witness to tell a story, the questions must ask for specific information. The
               questions must not be so broad that the witness is allowed to wander or
               "narrate" a whole story. Narrative questions are objectionable.

        (b)    Cross-examination (questioning of other side's witnesses):
                (1)   Form of Questions: An attorney may ask leading questions when cross-
                      examining the opponent's witnesses. Questions tending to evoke a
                      narrative answer should be avoided. Example of a leading question:
                      "Mrs. Winstead, isn't it true that your son chose of his own free will to
                      join the New Family?"

                (2)    Scope of witness examination: In the mock trial competition, attorneys
                       are allowed unlimited range on cross-examination of witnesses as long
                       as questions are relevant to the case. Witnesses must be called by their
                       own team and may not be recalled by either side. All desired
                       questioning of a particular witness must be done by both sides in a
                       single appearance on the witness stand.

Rule 612       Writing Used to Refresh Memory
      If a witness uses a writing to refresh memory for the purpose of testifying, either- (1)
      while testifying, or (2) before testifying, if the court in its discretion determines that it is
      necessary in the interest of justice, an adverse party is entitled to have the writing
      produced at the hearing, to inspect it, to cross-examine the witness thereon, and to
      introduce in evidence those portions which related to the testimony of the witness.

Rule 613       Prior Statements of Witnesses
      Examining witness concerning prior statement: In examining a witness concerning a
      prior statement made by the witness, whether written or not, the statement need not be
      shown nor its content disclosed to the witness at that time, but on request the same
      shall be disclosed to opposing counsel.

       NOTE: Impeachment: On cross-examination, the attorney may want to show the jury
       and judge that the witness should not be believed. This is called impeaching the
       witness. It may be done by asking questions about prior conduct that make the
       witness's credibility (truth-telling ability) doubtful. Impeachment may also be done, if the
       witness's testimony warrants it, by asking the witness whether he has ever testified
       differently, then introducing the witness his/her signed and sworn statement. The
       attorney should ask the witness whether the statement was made under oath, at a time
       much closer to the events in controversy, and contained all that the witness could then
       remember. The attorney may then want to (1) leave the matter and point out on closing
       argument the contradiction between the statement and the witness's testimony (both of


                                                                                                         25
       which were under oath), (2) ask the witness why his testimony is different today under
       oath than it was when it was under oath and much nearer in time to the events (this can
       be a dangerous question), or (3) ask the witness whether he was lying under oath when
       he gave his statement or lying under oath today (this can also be a dangerous question
       unless the contradiction is very clear, definite and material).

Rule 701       Opinion Testimony by Lay Witness
       If the witness is not testifying as an expert, the witness' testimony in the form of
       inference or opinions is limited to those opinions or inferences which are (a) rationally
       based on the perceptions of the witness and (b) helpful to a clear understanding of the
       witness's testimony or the determination of a fact in issue.

Rule 702       Testimony by Experts
      If scientific, technical, or other specialized knowledge will assist the trier of fact to
      understand the evidence or to determine a fact in issue, a witness qualified as an
      expert by knowledge, skill, experience, training or education, may testify thereto in the
      form of an opinion or otherwise, unless the court, in its discretion, feels that the
      evidence may confuse the issues or is a waste of time.

Rule 703      Bases of Opinion Testimony by Experts
      The facts or data in the particular case upon which an expert bases an opinion or
      inference may be those perceived by or made known to the expert at or before the
      hearing. If of a type reasonably relied upon by experts in the particular field in forming
      opinions or inferences upon the subject, the facts or data need not be admissible in
      evidence.

Rule 704       Opinion on Ultimate Issue
     (a)       Except as provided in subdivision (b), testimony in the form of an opinion or
               inference otherwise admissible is not objectionable because it embraces an
               ultimate issue to be decided by the tier of fact.

      (b)       No expert witness testifying with respect to the mental state or condition of a
                defendant in a criminal case may state an opinion or inference as to whether
                the defendant did or did not have the mental state or condition constituting an
                element of the crime charged or of a defense thereto. Such ultimate issues are
                matters for the tier of fact alone.

Rule 705      Disclosure of Facts or Data Underlying Expert Opinion
      The expert may testify in terms of opinion or inference and give reasons therefore
      without prior disclosure of the underlying facts or data, unless the court requires
      otherwise. The expert may in any event be required to disclose the underlying facts of
      data on cross-examination.

Rule 801       Definitions
       The following definitions apply to the hearsay rules:

        (a) Statement. A "statement" is
                (1) an oral or written assertion or
                (2) nonverbal conduct of a person, if it is intended by the person as an
                    assertion.
        (b) Declarant. A "declarant" is a person who makes a statement.


                                                                                                   26
       (c) Hearsay. "Hearsay" is a statement, other than one made by the declarant           while
           testifying at the trial or hearing offered in evidence to prove the truth of the matter
           asserted.
       (d) Statements that are not hearsay. A statement is not hearsay if:
                 (1) Prior Statement by Witness. The declarant testifies at the trial or hearing
                     and is subject to cross-examination concerning the statement and the
                     statement is (A) inconsistent with the declarant's testimony and was given
                     under oath subject to the penalty of perjury at a trial, hearing, or other
                     proceeding, including a deposition or (B) consistent with the declarant's
                     testimony and is offered to rebut an express or implied charge against the
                     declarant of recent fabrication or improper influence or motive, or (C) one
                     of identification of a person made after perceiving the person; or

                (2) Admission by a party-opponent. The statement is offered against a party
                    and is the (A) the party's own statement in either an individual or
                    representative capacity or (B) a statement of which the party has
                    manifested an adoption of belief in its truth, or (C) a statement by a
                    person authorized by the party to make a statement concerning the
                    subject, or (D) a statement by the party's agent or servant concerning a
                    matter within the scope of the agency or employment, made during the
                    existence of the relationship, or (E) a statement by a co-conspirator of a
                    party during the course of and in furtherance of the conspiracy.

Rule 802     Hearsay Rule
       Hearsay is not admissible, except as provided by these rules.

Rule 803      Hearsay Exceptions, Availability of Declarant Immaterial

       A video representation of these exceptions can be viewed at:
              www.scbar.org/media/lre/hearsay.wvx
      The following are not excluded by the hearsay rule, even though the declarant is
      available as a witness.
       (a) Present Sense Impression. A statement describing or explaining an event or
           condition made while the declarant was perceiving the event or condition, or
           immediately thereafter.
       (b) Excited Utterance. A statement relating to a startling event or condition made while
           the declarant was under the stress of excitement caused by the event or condition.
       (c) Then existing mental, emotional, or physical conditions. A statement of the
           declarant's then existing state of mind, emotion, sensation, or physical condition
           (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but
           not including a statement of memory or belief to prove the fact remembered or
           believed unless it relates to the execution, revocation, identification, or terms of
           declarant’s will.
               Examples:      "I'm scared" - emotional state
                               "I have a headache" - physical state
                              "I'm going to take this car out and see how fast it will go" - mental
                              state: (intent to speed)

       (d) Statements for purposes of medical diagnosis or treatment. Statements made for


                                                                                                      27
      purposes of medical diagnosis or treatment and describing medical history, or past
      or present symptoms, pain, or sensations, or the inception or general character of
      the cause or external source thereof insofar as reasonably pertinent to diagnosis or
      treatment.
(e)   Recorded Recollection. A memorandum or record concerning a matter about
      which a witness once had knowledge but now has insufficient recollection to
      enable the witness to testify fully and accurately, shown to have been made or
      adopted by the witness when the matter was fresh in the witness’s memory and to
      reflect that knowledge correctly.
(f)   Learned treatises. To the extent called to the attention of an expert witness upon
      cross examination or relied upon by the expert witness in direct examination,
      statements contained in published treatises, periodicals, or pamphlets on a subject
      of history, medicine, or other science or art, established as a reliable authority by
      the testimony or admission of the witness or by other expert testimony or by judicial
      notice.
(g)   Reputation as to character. Reputation of a person's character among associates
      in the community
(h)   Judgment of prior conviction. Evidence of a final judgment, entered at trial or upon
      a plea of guilty, adjudging a person guilty of a crime punishable by death or
      imprisonment in excess of one year, to prove any fact essential to sustain the
      judgment, but not including, when offered by the Government in a criminal
      prosecution for purposes other than impeachment, judgments against persons
      other than the accused.
(i)   Records of Regularly Conducted Activity. A memorandum, report, record, or
      data compilation, in any form, of acts, events, conditions, or diagnoses, made at
      or near the time by, or from information transmitted by, a person with knowledge,
      if kept in the course of a regularly conducted business activity, and if it was the
      regular practice of that business activity to make the memorandum, report,
      record, or data compilation, all as shown by the testimony of the custodian or
      other qualified witness, unless the source of information or the method or
      circumstances of preparation indicate lack of trustworthiness; provided,
      however, that subjective opinions and judgments found in business records are
      not admissible. The term "business" as used in this subsection includes
      business, institution, association, profession, occupation, and calling of every
      kind, whether or not conducted for profit.
(j)   Absence of Entry in Records Kept in Accordance With the Provisions of
      Subsection (f). Evidence that a matter is not included in the memoranda, reports,
      records, or data compilations, in any form, kept in accordance with the
      provisions of subsection (f), to prove the nonoccurrence or nonexistence of the
      matter, if the matter was of a kind of which a memorandum, report, record, or
      data compilation was regularly made and preserved, unless the sources of
      information or other circumstances indicate lack of trustworthiness.
(k)   Public Records and Reports. Records, reports, statements, or data compilations,
      in any form, of public offices or agencies, setting forth (A) the activities of the
      office or agency, or (B) matters observed pursuant to duly imposed by law as to
      which matters there was a duty to report, excluding, however, in criminal cases
      matters observed by police officers and other law enforcement personnel;
      provided, however, that investigative notes involving opinions, judgments, or
      conclusions are not admissible. Accident reports required by S.C. Code Ann. §§
      56-5-1260 to -1280 (1991) are not admissible as evidence of negligence or due
      care in an action at law for damages.


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Rule 804      Hearsay Exceptions where Declarant Unavailable
       (a) Definition of unavailability-"Unavailability as a witness" includes situations in which
           the declarant

                 (1) is exempted by a ruling of the court on the ground of privilege from
                     testifying concerning the subject matter of the declarant's statement;
                 (2) persists in refusing to testify concerning the subject matter of the
                     declarant's statement despite an order of the court to do so;
                 (3) testifies to a lack of memory of the subject matter of the declarant's
                     statement;
                 (4) is unable to be present or to testify at the hearing because of death or
                     then existing physical or mental illness or infirmity;
                 (5) is absent from the hearing and the proponent of the statement has been
                     unable to procure the declarant's attendance by process or other
                     reasonable means.
        (b) A declarant is not unavailable as a witness if exemption, refusal, claim of lack of
            memory, inability, or absence is due to the procurement or wrongdoing of the
            proponent of a statement for the purpose of preventing the witness from attending
            or testifying. Assume that there was no wrongdoing or misconduct intended to
            prevent the witness from attending or testifying.

        (c) Hearsay exceptions-The following are not excluded by the hearsay rule if the
            declarant is unavailable as a witness:

                 (1) Former Testimony: Testimony given as a witness at another hearing of
                     the same or a different proceeding, or in a deposition taken in
                     compliance with the law in the course of the same or another proceeding,
                     if the party against whom the testimony is now offered, or, in a civil action
                     or proceeding, a predecessor in interest, had an opportunity and similar
                     motive to develop the testimony by direct, cross, or redirect examination.

                 (2) Statement under belief of impending death: In a prosecution of a
                     homicide or in a civil action or proceeding, a statement made by a
                     declarant while believing that the declarant's death was imminent,
                     concerning the cause or circumstances of what the declarant believed to
                     be impending death.

                 (3) Statement against interest:: A statement which was at the time of its
                     making so far contrary to the declarant's pecuniary or proprietary interest,
                     or so far tended to subject the declarant to civil or criminal liability, or to
                     render invalid a claim by the declarant against another, that a reasonable
                     person in the declarant's position would have not have made the
                     statement unless believing it to be true. A statement tending to expose the
                     declarant to criminal liability and offered to exculpate the accused is not
                     admissible unless corroborating circumstances clearly indicate the
                     trustworthiness of the statement.

                 (4) Statement of personal or family history: (A) A statement concerning the
                     declarant's own birth, adoption, marriage, divorce, legitimacy, relationship



                                                                                                       29
                    by blood, adoption or marriage, ancestry, or other similar fact of personal
                    or family history, even though declarant had no means of acquiring
                    personal knowledge of the matter stated; or (B) A statement concerning
                    the foregoing matters, and death also, of another person, if the declarant
                    was related to the other by blood, adoption or marriage or was so
                    intimately associated with the other's family as to be likely to have
                    accurate information concerning the matter declared.

                (5) Other exceptions: A statement not specifically covered by any of the
                    foregoing exceptions but having equivalent circumstantial guarantees of
                    trustworthiness, if the court determines that (A) the statement is offered as
                    evidence of a material fact; (B) the statement is more probative on the
                    point for which it is offered that any other evidence which the proponent
                    can procure through reasonable efforts; and (C) the general purposes of
                    these rules and the interests of justice will best be served by admission of
                    the statement into evidence. However, a statement may not be admitted
                    under this exception unless the proponent makes it known to the adverse
                    party sufficiently in advance of the trial or hearing to provide the adverse
                    party a fair opportunity to prepare to meet it, the proponent's intention to
                    offer the statement and the particulars of it, including the name and
                    address of the declarant.

Rule 805      Hearsay within Hearsay
      Hearsay included within hearsay is not excluded under the hearsay rule if each part of
      the combined statements conforms with an exception to the hearsay rule provided in
      these rules.

Rule 806      Attacking and Supporting Credibility of Declarant
       When a hearsay statement, or a statement defined in Rule 801(d)(2), (C), (D), or (E),
      has been admitted in evidence, the credibility of the declarant may be attacked, and if
      attacked may be supported, by any evidence which would be admissible for those
      purposes if the declarant had testified as a witness. Evidence of a statement or
      conduct by the declarant at any time, inconsistent with the declarant's hearsay
      statement, is not subject to any requirement that the declarant may have been afforded
      an opportunity to deny or explain. If the party against whom a hearsay statement has
      been admitted calls the declarant as a witness, the party is entitled to examine the
      declarant on the statement as if under cross-examination.

Rule 901        Assuming Facts Not in Evidence
       An attorney shall not ask a question that assumes unproven facts. However, an expert
       witness may be asked a question based upon stated assumptions, the truth of which is
       reasonably supported by the evidence. Example of question that assumes unproven
       facts: "When did you stop beating your wife?"

Rule 902       Argumentative Questions
       An attorney shall not ask a question which asks the witness to agree to a conclusion
       drawn by the questions without eliciting testimony as to new facts; provided, however,
       that the Court may in its discretion allow limited use of argumentative questions on
       cross examination.




                                                                                                    30
Rule 903       Ambiguous Questions
       An attorney shall not ask questions that are capable of being understood in two or more
       possible ways.

Rule 904       Lack of Proper Predicate
       Exhibits will not be admitted into evidence until they have been identified and shown to
       be authentic (unless identification and/or authenticity have been stipulated). Even after
       a proper predicate has been laid, the exhibits may still be objectionable due to
       relevance, hearsay, etc. That the document is "authentic" means only that it is what it
       appears to be, not that the statements contained in the document are necessarily true.




                                                                                                   31
                               PROCEDURE FOR OBJECTIONS

An attorney may object any time that the opposing attorney has violated the Mock Trial Rules
of Evidence. The attorney wishing to object should stand up and do so at the time of the
violation. When an objection is made, the judge will ask the reason for it. Then the judge will
turn to the attorney who asked the question, and that attorney usually will have a chance to
explain why the objection should not be accepted ("sustained") by the judge. The judge will
then decide whether to "sustain" the objection, thereby disallowing the question or discarding
the answer; or the judge will "overrule" the objection, thereby allowing the question to be
answered or the answer to remain on the trial record.

        REMEMBER: Winning or losing the ruling on an objection is not what is important, but
        rather how knowledgeable of the Rules of Evidence the team is and how each team
        reacts to the decision of the presiding judge. What is important is the presentation of
        the objection and the opponent's response (both verbally and strategically) to the
        objection and to the Court's ruling.

Only the attorney "responsible" for the particular witness may object. For instance, the
attorney who directly examines a witness objects when that witness is being crossed, and
the attorney who crosses a witness objects when that witness is being directly examined.

Following are examples of standard forms of objection:

        1.      IRRELEVANT EVIDENCE: "I object, your Honor. The evidence/testimony is
        irrelevant to any issue in this case."


        2.     LEADING QUESTION: "Objection. Counsel is leading the witness."

               (NOTE: Remember that an attorney may ask leading questions when cross-
               examining the opponent's witnesses.)

        3.     IMPROPER CHARACTER TESTIMONY: "Objection. The witness’s character
               or reputation has not been put in issue." OR "Objection. Only the witness's
               character for truthfulness is at issue here."

        4.     HEARSAY: "Objection. Counsel's question is seeking a hearsay response."
               (NOTE: If the witness makes a hearsay statement, the attorney should say,
               "The witness's answer is based on hearsay, and I ask that the statement be
               stricken from the record.") In responding to a hearsay objection, it may be
               appropriate for counsel to point out a specific exception, or to argue that the
               hearsay rule does not apply: "Your Honor, the testimony is not offered to prove
               the truth of the matter asserted, but only to show. . . ."

       5.      OPINION: "Objection. Counsel is asking the witness to give an expert opinion
               for which he has not been qualified."




                                                                                                  32
                                        STIPULATIONS

Stipulations shall be considered part of the record and already admitted into evidence.

Stipulations, the Indictment, and the Charge to the Jury will not be read into the record.


Also see stipulations of the parties on page 66.




                                                                                             33
TAB INSERT: FORMS




                    34
 2007 HIGH SCHOOL MOCK TRIAL COMPETITION –Position Roster                                                                   TEAM ID___________
 (15 copies to be submitted on the day of on-site registration at the competition)                                                     (Leave Team ID Blank)

                                                                                                                                      NOTES
            POSITION                                                           STUDENT NAME          GENDER   Teachers, leave this column blank. Column is for scoring judges.

            Opening Attorney

     P      Direct Examination, Chris Knight
     R
     O
            Direct Examination, Sam Barnes-Smith


     S      Direct Examination, Shannon Phillips

     E      Cross Examination, Drew Harding

     C      Cross Examination, Lane Miles
     U
            Cross Examination, Peyton King
     T
     I      Witness - Chris Knight


     O      Witness – Sam Barnes-Smith

     N      Witness – Shannon Phillips

            Closing Attorney


 Bailiff                                                                              Alternate(s)

 Timekeeper
34




                                                                                                        35
2007 HIGH SCHOOL MOCK TRIAL COMPETITION –Position Roster                                                                   TEAM ID_________
(15 copies to be submitted on the day of on-site registration at the competition)                                                     (Leave Team ID Blank)

                                                                                                                                    NOTES
          POSITION                                                           STUDENT NAME          GENDER   Teachers, leave this column blank. Column is for scoring judges.

          Opening Attorney

          Direct Examination, Drew Harding

  D       Direct Examination, Lane Miles
  E       Direct Examination, Peyton King
  F       Cross Examination, Chris Knight
  E
          Cross Examination, Sam Barnes-Smith
  N
          Cross Examination, Shannon Phillips
  S
          Witness – Drew Harding
  E
          Witness – Lane Miles

          Witness – Peyton King

          Closing Attorney


Bailiff                                                                             Alternate(s)

Timekeeper
35




                                                                                                      36
Dispute Form
Rules Violation / Inside the Bar                            (PLEASE PRINT)

Round Number:
Prosecution Team Code:

Defense Team Code:

Code of Team Lodging Dispute:



Grounds for Dispute




If Hearing Granted, Response of Opposing Team:




Decision of Presiding Judge (DO NOT ANNOUNCE):
             A Substantial Rules Violation Has Occurred (report to panel)
             No Substantial Rules Violation Has Occurred (do not report to panel).


Reason(s) for Presiding Judge’s Decision:




Signature of Judge
                                  GIVE THIS FORM TO THE PRESIDING JUDGE.

                                                                                     36
          High School Mock Trial Timekeeper Record Form
                                Round # ____________
                      Team ___________ V. Team ___________

                                   Time            Prosecution/Plaintiff     Defense
                                 Allotment             (Team      )        (Team     )


Opening Statements            5 Minutes Ea. Side



                                 25 Minutes
Direct Examinations
                                Total Per Side




                                 Total Direct
                              Examination Time


                                 20 Minutes
Cross Examinations
                                Total Per Side




                                 Total Cross
                              Examination Time


Recess                         5 Minutes Total



Closing Arguments             5 Minutes Ea. Side


Consultation Time - Discuss
                               3 Minutes Total
Possible Rules Violations


If a violation,
                               3 Minutes Total
Spokesperson Prep Time


If a violation,
                              3 Minutes Ea. Side
Spokesperson Argument


Scoring Judges’ Critique      10 Minutes Total




                                                                                 37      37
TALENT RELEASE FORM EXPALANATION

The next page has the Talent Release Form for all students, sponsoring teachers,
and attorney coaches to complete prior to registration on the day of the competition.

The Talent Release Form signifies that the SC Bar has been given permission to use
any film or video taken at the competitions to be used for marketing and training tools.




                                                                                        38   38
                                TALENT RELEASE FORM

        FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is
hereby acknowledged, I hereby irrevocably grant to the South Carolina Bar, its
successors and assigns, and parties authorized by the South Carolina Bar, for any
purpose(s) whatsoever, the right to photograph and record any or all of my
appearance(s) or performance(s) in connection with the production of High School
Mock Trial; to reproduce such photographs and recordings or any part of them by any
method; to use, broadcast and/or publish such photographs and recordings or any part
of them by any method; to use my name, no name, or a fictitious name in connection
with such photographs and recordings or any part of them; and to circulate, distribute,
sell, and/or lease such photographs and recordings or any part of them, or license others
to do so. Any rights granted in the immediately preceding sentence shall also extend to
any advertising or other material in connection with the Production.

_____________________________________’s (student, teacher, or attorney coach’s
name) appearance(s) or performance(s) in the Production is/are not the result of
pressure or forced participation. No representations of any kind have been made to me.
I release the South Carolina Bar, it successors and assigns, to any parties authorized by
the South Carolina Bar to perform the acts set forth in the paragraph above, from any
and all claims for damages for libel, slander, invasion of the right of privacy, or any other
claims based on, arising out of, or connected with the Production.

I hereby waive any right to inspect or approve the Production, at any stage of its
development, and any other matter or material relating to the Production. I agree that
the control of, title to, any right of copyright of the Production or any part of the
Production, including any copies thereof, and any other matter relating to the Production,
shall be owned exclusively and completely by the South Carolina Bar, its successors
and/or assigns.

I also agree that I will not disclose, sell, give, assign, furnish, distribute, or otherwise
make available any information, data or materials concerning the South Carolina Bar, its
business, products, customers or operations without the express written consent of the
South Carolina Bar. This confidentiality obligation shall apply now and in the future, but
shall not apply to information, which is or becomes public through no fault of mine.

Finally as the legal guardian, I hereby have my signature below.

Name (printed):
School or Business Name:
Guardian’s Name (printed) if applicable:
Address:
City, State, Zip Code:


Signature:                                                      Date:
Witness Signature:                                              Date:




                                                                                                39
                                                                                                Plaintiff            Defendant
                                                 HIGH SCHOOL MOCK TRIAL

                                                 SCORESHEET
                                                                 Scoring Judge’s Name:
                                                 P     D
                     Opening Statements                         (Please Print)

               Plaintiff’s Opening Statement
                                                                 Presiding Judge’s Name:
            Defendant’s Opening Statement
                                                                (Please Print)

      Plaintiff/Prosecution’s Case In Chief
                                                                Date:
                     (P) Direct Examination
                      Cross Examination (D)                     Level:           District        State       Championship
                (P) Witness #1 Performance                      (Circle One)


                     (P) Direct Examination                      Round:          1   2      3    4       Final
                                                                 (Circle One)
                     Cross Examination (D)
                (P) Witness #2 Performance

                     (P) Direct Examination
                     Cross Examination (D)                                                   Scoring Guide
                                                                                         Scoring Guide
                                                                          Do not award fractional points. Scoring should be
                (P) Witness #3 Performance                               Do not award fractional points. Scoring should be
                                                                                                  in
                                                                   independent of the case’s legal merits. legal merits.
                                                                               independent of the case’s
                Defendant’s Case In Chief
                                                                                          1 - 2 Not Effective
                     Direct Examination (D)                               Unsure, illogical, uninformed, speaks incoherently.
                      (P) Cross Examination
                Witness #1 Performance (D)                                                    3 - 4 Fair
                                                                          Minimally informed and prepared. Communication
                                                                                    lacks clarity and conviction.
                     Direct Examination (D)
                      (P) Cross Examination                                                   5 - 6 Good
                Witness #2 Performance (D)                                       Good, solid, but less than spectacular
                                                                            performance. Grasps major aspects of case, but
                                                                                   does not convey mastery of it.
                     Direct Examination (D)
                      (P) Cross Examination                                                 7 - 8 Excellent
                Witness #3 Performance (D)                             Fluent, persuasive, clear and understandable. Organizes
                                                                                     materials and thoughts well.
                                                                                       Not dependent on notes.
                        Closing Arguments
(P) Plaintiff’s Closing (and Rebuttal, if any)                                            9 - 10 Outstanding
                                                                        Superior grasp of case. Thinks well on feet, is logical,
                    Defendant’s Closing (D)                            keeps poise under stress. Demonstrates ability to utilize
                                                                       all resources in order to emphasize vital points of trial.
                              SUBTOTAL                                                   Effective use of time.


                                                                       **Witnesses should present believable characteristics
                        Penalty Deduction                                 and convicting testimony. They should also show
                                                                       preparation under direct examination and the ability to
                                                                       field questions under cross with confidence and poise.

                                   TOTAL
                          (No Tie Allowed)
                              (Circle Winner)
                                                 P     D                             Scoring Judge’s Signature               40
      DO NOT SEPARATE COPIES!                          White—Coordinator Copy, Yellow—Prosecution Copy, Pink—Defense Copy
Bailiff Script
Opening Court:

“ALL RISE


The Court of General Sessions Eighteenth Judicial Circuit is
now in session.


The Honorable ___________________________________ is
presiding.”


Swearing in of Witnesses:

“Do you promise the testimony you are about to give will
faithfully and truthfully conform to the facts and rules of the
mock trial competition?”




                                                                  41   41
TAB INSERT: PREP FOR CASE




                            42
THE TRIAL PROCESS


The Purpose

        “Equal Justice Under the Law” are the words carved deep in stone above the entrance to
the Supreme Court of the United States. This statement reflects the primary purpose of law in
the United States: to ensure that every person living in this country has the freedom and
security to enjoy the benefits of life in a democratic society.

       According to the democratic principles on which American society is built, every person
should have a free and equal opportunity to pursue individual goals and desires. However, so
that one individual’s pursuit of happiness does not infringe upon another’s, the citizens of this
country, through the electoral and legislative processes, agree upon certain guidelines for their
behavior. These guidelines comprise our system of law.

        At times individuals come into conflict with one another in spite of the system of laws.
The reasons for conflict are varied. Laws do not cover every possible situation. Often the
individuals involved do not know or understand the law. In certain cases an individual
deliberately chooses to violate the law.

      Whenever a dispute arises between individuals or between an individual and the
government or whenever an individual offends the general will of the people by breaking the
law, a solution must be found that is in harmony with the principles of our society. The solution
might be the clarification of the rights of the parties: a determination of right and wrong or guilt or
innocence; a direction to one individual to take certain actions to make up for harming another’s
rights; or even a fine and/or a sentence as punishment for breaking the law.

        A trial is a widely recognized means for settling such disputes. However, going to court
usually should be the last resort in seeking a solution. People should try to work out their
problems first in one-on-one communication or with a third person. Three common ways of
settling disputes without going to court are: (1) negotiation, in which the parties talk face to face;
(2) mediation, in which the parties talk through a third person called a “mediator” who helps
them find a common ground on which they can agree to a solution; and (3) arbitration, a
process less formal than a trial, in which a third party hears the complaints and makes a
decision that the parties have agreed in advance to abide by.

         However, when these methods fail, parties to the dispute sometimes go to a trial to find
a solution. A trial is an adversary process. This means that two or more persons who are in
conflict present their arguments and their evidence before a third party not involved in the
dispute, which then renders a decision. The impartial third party that renders the decision can
be a judge or a jury. The jury or the judge functions as a trier of fact.




                                                                                                    42
The Parties

     A trial revolves around an incident or argument involving two or more people. The people
who bring their argument to the trial are called the parties to the case.

         A civil trial involves one person complaining about something another person did or
failed to do. The person who files or initiates the complaint is called the plaintiff, and the person
who is the object of the complaint is the defendant.

        In a criminal trial, a person is accused of a particular act, which under the law is called a
crime, such as murder, robbery, or fraud. The person who does the accusing is the prosecutor.
The prosecutor speaks on behalf of the government, which in turn represents the state or the
nation. The person accused of the crime is the defendant.

     Except in a few special circumstances (most notably small claims court cases in which
lawyers frequently are not involved – like some of the ones on TV) both parties hire and instruct
lawyers to prepare their respective cases and to make their arguments in court.



The Facts of the Case

         Long before a trial actually takes place, an argument or incident occurs. Perhaps there is
a traffic accident, a husband and wife decide they can no longer live together, or someone is
robbed at gunpoint. The argument or incident involves many facts, which all together make up
the case. Persons on opposite sides of a case will often view the facts quite differently. This
disagreement over the facts of an incident forms the basis for a trial. In a trial, the attorneys for
the parties present their particular version of the facts before an impartial trier of fact, a judge or
a jury. The job of the trier of fact is to decide which facts are correct.

It is common to hear lawyers and judges explain that “the facts drive the law,” which means the
resolution of the facts in dispute determines how the case is decided. Both sides to a legal
dispute argue the same law and use the facts as they interpret them to demonstrate how the
law should be applied.



The Evidence

        While the description of the facts of the argument or incident as presented by each party
is important, the trier of fact usually needs a lot more information in order to make a decision.
The version of the facts given by the parties may be incomplete or affected by their emotional
state at the time of the incident. Or, in a few cases, parties might even give false versions of the
facts. For all of these reasons, the trier of fact needs more information than just the stories of
each party. In a trial, the attorneys for each side present all of the factual information they can
gather to support their side of the case. This information is called evidence.




                                                                                                    43
                                                                                                    42
Evidence may take several forms including:

            Testimony: A person, called a witness, tells the court what he or she saw, heard,
            did, or experienced in relation to the incident in question.

            Documents: Letters, notes, deeds, bills, receipts, etc. that provide information about
            the case.

            Physical Evidence: Articles such as weapons, drugs, clothing, etc. that can provide
            clues to the facts.

            Expert Testimony: A professional person, someone not involved in the incident, who
            can give medical, scientific, or other expert instruction to help the trier of fact decide
            the importance of the evidence presented.

The Burden of Proof

       To guarantee that the trial process is fair to everyone involved, certain legal principles
govern the way parties present their evidence and the way the judge or jury considers the
evidence and makes a decision. One of the most important rules concerns which party must
prove his or her version of the facts and how convincing he or she must be. This rule is called
the burden of proof.

         In a civil case, the person filing the complaint (the plaintiff) has the burden of proof.
Plaintiffs must convince the judge or jury that these facts are correct by a preponderance of the
evidence, meaning that the evidence is slightly more convincing for the plaintiff than the
defendant’s evidence. Some refer to this as meaning that 51% or more of the evidence supports
the plaintiff’s side.

       In a criminal case, the burden of proof is considered much more strictly, because the
defendant may go to prison if the prosecutor proves the state’s case. Therefore, the prosecutor
must convince the judge or jury beyond a reasonable doubt that the accused committed the
crime.



The Defense

       As described above, the complaining or accusing parties usually have the burden of
proving their particular version of the facts. The job of the defense team is to present evidence
that prevents the plaintiff or prosecutor from meeting the burden of proof. Defense evidence
should explain, disprove, or discredit the evidence presented by the other party. For example, in
a traffic accident case, suppose the plaintiff presents a witness who testifies that the defendant
was speeding just prior to hitting the plaintiff’s car in the intersection. The defense could then
present a witness who tells the court that the plaintiff, who was hit while making a left turn, failed
to signal before making the left turn. The defense could also try to show that the defendant was
not speeding at all. This defense testimony weakens the plaintiff’s case by presenting an
alternative explanation for the accident.

        In criminal cases, defendants try to discredit the evidence presented by the prosecutor in
a variety of ways, including: (1) presenting evidence to show that the defendant was not present


                                                                                                  44
                                                                                                  44
at the scene of the crime (called an alibi); (2) showing that the defendant was acting to protect
him/herself (self-defense); and (3) presenting medical evidence showing that the defendant was
mentally deranged at the time of the crime (insanity defense).




Preparation for Trial

      Attorneys are responsible for collecting all of the evidence that supports the side of the
case they are representing and for deciding how to present that evidence at the trial. It is the
attorney’s job, therefore, to work out a strategy for the trial.

        In general, there should not be any surprises at the trial (contrary to popular belief and
TV portrayals) if the attorneys are well prepared. This lack of surprises is also due to the fact
that the attorneys for the opposing sides must let each other know what evidence they have
gathered. This advance sharing of information is called discovery. Discovery enables both sides
to prepare their cases as effectively as possible to ensure that the trial is fair.

        Before the trial, witnesses might make affidavits, which are written statements of the
facts made voluntarily and sworn to usually in the presence of a notary or other person
authorized to administer oaths. Witnesses might also be required to give a deposition, which is
a testimony given out of court, but is recorded by a court reporter and has the same
requirements for telling the truth as testifying in the courtroom. At a deposition, attorneys for
both sides are present to question the witness while a stenographer records the testimony for
later use in court. During this period before the trial, attorneys must also spend time preparing
what they will actually say and do at each step in the trial. These steps and suggestions for
attorneys and witness preparation are contained in the next section.

       The exhibits used in the mock trial competition would have been disclosed in the
discovery process.

        Team members are to evenly divide their duties. Two possible scenarios are presented
to assist in equal division of attorney duties.

A.   Using Three Attorneys: one attorney will conduct the opening statement and then a cross
     and a direct on the second or third witness, one attorney will conduct the direct and cross
     on the second or third witness, and the remaining attorney will conduct the direct and
     cross on the first witness and present the closing argument.
B.   Using Two Attorneys: the opening attorney will present the opening statement, perform
     cross on the second witness and the direct and cross on the third witness. The closing
     attorney will perform the direct and cross on the first witness, the direct on the second
     witness and then present the closing argument.




                                                                                                   45
What is Mock Trial?

         A mock trial is a pretend trial and may involve either civil or criminal issues, just like a
real trial. Some court rules and procedures are modified to simplify the process. In a mock trial,
the students present the case and act as the main characters in the courtroom. The purpose of
the mock trial is to learn more about courtroom procedures and the people and rights involved
with the legal system. It also teaches how to evaluate both sides of an issue and resolve
conflicts in a nonviolent manner. A mock trial follows the trial procedure of the lower courts.

       Since a trial is held because two people or groups of people cannot solve a conflict or, in
the case of a criminal trial, because the state believes someone has committed a crime, any
story about a conflict can be used for a mock trial. Good sources for situations are books,
newspaper stories, current events, television shows, movies, or events in school.

         The trial procedure solves a conflict by presenting facts to an impartial judge and/or jury.
Each side of the case, through its lawyers, argues as strongly as possible following the rules of
the court to influence the final verdict. The judge/jury listens to all the facts, weighs the evidence
presented, and makes a fair decision. The presiding judge and the scoring jury do not determine
guilt or innocence, but instead determines which side best presented a clear understanding of
the trial process and case materials.




                                                                                                   46
                        PLANNING FOR A MOCK TRIAL

1.   Time Factors
     Teachers need to evaluate specific learning objectives, sophistication and skills of
     students, and amount of time available when planning the depth and breadth of
     mock trial.

2.   Suggested Concept Lessons
        • Purpose and procedure of trials
        • Vocabulary
        • Persuasive Writing: Opening and closing statements
        • Facts vs. opinions
        • Direct and cross-examination questions
        • Rules of evidence
        • Bill of Rights
        • Drama / Acting



3.   Student Involvement

     It is advised to involve each student in a specific, active role. In large classes,

     perhaps several cases involving a few small groups might be more practical. Active

     student roles include eight possible attorneys and six witnesses. Additional roles

     include alternate positions, bailiff, and time keeper.




4.   Student Materials

        •   The case and witness statements
        •   Trial overview – steps in preparing for trial
        •   Vocabulary
        •   Analyzing a witness’s statement – dissecting statement for pertinent
            information
        •   Just the facts – facts vs. opinion
        •   Using rules of evidence – objections during questioning




                                                                                           47
5.   Typical Court Room Arrangement ***Note: The Prosecution/Plaintiff sits on

     the same side as the jury box. In some courtrooms, the jury box may be on the

     opposite side of the room, which in turn means side presentation will change so

     that the Prosecution/Plaintiff will be next to the jury box.


                        Jury Box
                                                                                 The “Bar”




6.   Suggested Administrative Checklist

     •   Case for each student
     •   Schedule to meet / practice
     •   Attorney-coach commitment
     •   Involvement from fellow teachers and parents
     •   Student objectives and roles assigned
     •   Sample materials selected and copied for students, e.g. famous
         opening and closing arguments
     •   Students begin trial preparations
     •   Court field trip
     •   Student preparation finalized
     •   Trial conducted
     •   Trial debriefed




                                                                                             48
SUGGESTIONS FOR HOW TO PREPARE FOR THE MOCK TRIAL

1.   Role-play the story.
     Get a clear understanding of who, what, where, when, why, and how.

2.   Learn the facts of your case. Go back over the scenario and think:
        • What facts support your side?
        • What facts weaken your side?
        • What facts support their side?
        • What facts weaken their side?

3.   Analyze witnesses’ statements via rules of evidence.
        • Determine what information the witnesses should tell the jury.
        • Decide how time will be divided among the witnesses that are to be
           called.

4.   Create questions for each witness your side will call.
        • These questions are called direct examination. In direct examination, you
            cannot ask a “leading question.” A leading question is one that suggests
            the answer to the question, like “You saw that the light was red, didn’t
            you?” However, asking “What color was the light?” is not a leading
            question.
        • Note that just because a question calls for a yes or no answer does not
            mean it is a leading question.
        • Design questions that will bring out the facts and support your case.
        • Brainstorm questions the opposing side might ask your witnesses.
        • Go over questions with your witnesses.

5.   Write questions for each witness the other side will call.
        • These are cross examination questions. Unlike direct examination, you
            can ask leading questions on cross examination.
        • Create questions that will require the witness to admit some facts that will
            help your side or indicate the witness is lying, or reveal the witness is
            confused and unsure.
        • Be prepared for an answer you do not expect and do not allow this to
            interrupt your flow. If the answer is contrary to the witness’s affidavit or is
            not in the affidavit, impeach the witness. (See page 15.)

6.   Form your legal strategy.
        • Decide on the theory or theme that will be presented.
        • Revise the order of your witnesses, the questions you will ask your
           witnesses, and the questions you will ask the other side’s witnesses so
           that these all fit with the theme of your case.
        • Brainstorm the opposing side’s strategy and how to weaken it.
        • Outline the opening statement, but be careful not to argue your case.




                                                                                              49
7.   Write the closing argument.
        • Review the case; outline the important points to remind the jury.
        • Tell the jury how you want them to decide and why this is the correct
            verdict.
        • Appear sincere; feel justified with the case being presented.
        • Keep your outline with you during the trial and check off your points as
            they are presented by following the evidence as the trial progresses. If
            you have a fact in your prepared closing that did not come out in the trial,
            take it out and make adjustments to the closing statement accordingly.




                                                                                           50
                              MOCK TRIAL STUDENT OVERVIEW

I.   The Opening Statement
     A. Purpose of the Opening Statement
          1. Preview of the case: issues and evidence
          2. Provides road map of the trial

     B.   Prepare Case
          1. Prepare a sheet with two columns
              a. Column one: favorable facts and law to your side
              b. Column two: unfavorable facts and law to opposing side
          2. Find a theme that fits the case
              a. Possibilities: freedom, safety, justice, fairness
              b. Allow development of emotion and continuity
          3. Outline what occurred and what the evidence from each witness will show
              (consult co-counsel).
          4. Analyze the statute (the law) and how it applies to your case.
          5. Pull your ideas together and organize them for the opening and closing
              statements.

     C.   Write Opening Statement
          1. Format
              a. “May it please the court, your honor, ladies and gentlemen of the jury. My
                  name is ______, and these are my co-counsels _______.
              b. Summarize case (in no more than 30 words)
              c. Set forth the issue: “The issue in the case today …”
          2. Detail what occurred
              a. Refer to what the evidence will show
              b. Briefly identify each witness and relate to case
          3. State the statute (the law that should apply in the case)
              a. Cover elements of proof
              b. Explain burden of proof
          4. Summarize and tell the court specific relief you want
          5. Don’t argue. Keep it factual.

     D.    Additional Information and Advice
           1. Opening statement is the first impression of team
              a. Look the professional role (dress and manner)
              b. Fulfill expectations: leader, teacher (what the law is), guide (to what facts
                   are important)
           2. Be careful not to overstate the case.
           3. Call client by name but use “label” for opponent such as “prosecution” or
              “defendant.”
           4. Attend to specific, concise language: “accident” instead of “collision” or “crash” if
              you want the incident to look more favorable.
           5. Use outline to talk from or polished memorization – never read an opening
              statement.
           6. Coordinate opening statement with closing statement by sticking to a theme.
           7.   The opening statement is an introduction not an argument.
           8.   Look the jury members in the eye.
           9.   Speak up so that everyone in the courtroom can hear.

                                                                                                 51
II.   Direct Examination
      A. Purpose of Direct Examination
           1. Present your “story” of facts.
           2. Build major ideas of the case as outlined in your opening.
           3. Give your witnesses credibility.
           4. Act as though the jury knows nothing of the case and tell the story through
                questions and your witness’s answers.

      B.   Prepare Direct Examination
           1. Decide what your side needs to prove.
           2. Decide what a specific witness knows and the information and exhibits that will
               help prove this knowledge.
           3. Attorney and witnesses work together to prepare questions and answers.
           4. Practice! Work on concepts and phrasing but not rigid questions and answers.
           5. Keep promises made in opening statement. If the opening statement said the
               evidence will show x,y,z, make sure the witnesses testify to x,y,z.

      C.   Questions for Direct Examination
           1. Limit questions to those that matter.
              a. Purposeful
              b. Directly link case in chief
           2. Be direct.
           3. Be concise.
           4. Sequence questions so that order of events is clear; include who, what, when,
              where, and how.
           5. Focus of attention should be on witness and witness’s answers, rather than on
              the attorney.
           6. No leading questions.
           7. Know which questions risk objections and word them to avoid the objection, if
              possible.
           8. Be prepared to argue objections to questions, documents, etc.
           9. Avoid asking “why” unless sure of witness’s response.

      D.   Answers for the Witnesses being Direct Examined
           1. Give focused answers based on what you know (based on affidavits).
           2. Be truthful.
              a. Stay within affidavit and do not make up information to answer a question.
              b. Limit answers to facts in affidavit.
           3. Be convincing as the person.
              a. Characterization without distracting from purpose of trial (over acting will not
                   be rewarded).
              b. Emotional understanding of attitude toward the dispute.
              c. Phrasing consistent with the person you represent.
           4. Know what your witness knows and doesn’t know.
           5. Look at the person(s) you must convince.
              a. Direct eye contact with the judge(s)/jury.
              b. Body language to signal important answers.
           6. Know the substance of any documentation you may be asked about, impeached
              with, or asked to introduce the evidence.
           7. Speak up so that everyone in the courtroom can hear.



                                                                                              52
III.   Cross-Examination
       A. Purpose of cross examination
           1. To make other side less believable.
           2. To cast doubt on evidence.
           3. To cast doubt on witness’s credibility.

       B.   Questions and Techniques for Cross Examination
            1. Use leading questions to control witness.
               a. Short questions with simple words that will yield a “Yes/No” response from
                    the witness. You control the information they deliver.
               b. Ask for facts not evaluations.
               c. Get one fact straight at a time, i.e., “The light was red, wasn’t it?”
            2. Always know how the witness should answer the question.
            3. Listen and if you don’t get the answer you want, ask the question again or ask it
               in a different way.
            4. Ask leading questions to try and force a yes/no answer.
            5. Focus of attention should be on you and your questions rather than witness’s
               answers.
            6. Be prepared for fabrication, if you get fabrication, impeach with affidavit or object.
            7. Link questions to direct examination.
            8. Use opportunities to attack witness’s credibility.
               a. Establish that witness is lying.
               b. Establish that witness is biased.
               c. Establish that testimony is invalid because of conditions at time of accident.
               d. Establish that witness is not competent (by training or experience) to give
                    opinion.
               e. Find contradictions in testimony.
            9.      Speak up so that everyone in the courtroom can hear.

       C.   Answers for the Witness being Cross Examined
            1. Give focused answers based on what you know (based on the affidavit).
            2. Be cooperative and honest.
               a. Cooperate, but do not give more than you have to.
               b. Remember, you are a witness for the side that called you.
               c. Any fabricated answer is not permitted.
            3. Be convincing as the person.
               a. Characterization without distracting from purpose of trial.
               b. Emotional understanding of attitude toward your dispute.
               c. Phrasing consistent with the person you represent.
            4. Know what your witness knows and doesn’t know.
            5. Look at the person(s) you must convince.
               a. Direct eye contact with the judge(s)/jury.
               b. Body language to signal important answers.
            6. Know what might come up in cross examination and prepare.
            7. Stay confident when cross examined.
            8. Don’t argue with the attorney.




                                                                                                  53
IV.   Exhibits
      A. Purpose
          1. To advance your case and give something for the witnesses to interact with
          2. To help clarify a witnesses testimony
          3. To impeach (draw into question the truthfulness or believability) an opposing
               witness on cross examination
          4. To aid with controlling the cross examination of a witness

      B.   Procedure
           1. An exhibit must be entered through either the direct examination or cross
               examination of a witness.
           2. The attorney wishing to introduce the exhibit shows the exhibit to the witness for
               identification.
           3. The attorney shows the exhibit to opposing counsel.
           4. The attorney asks the witness to identify the exhibit.
           5. The attorney asks the witness a few questions about the document to
               demonstrate its relevancy and that the witness has sufficient,
               personal knowledge about the exhibit. For example, the attorney should
               establish the following:
               a.     What type of document it is (e.g., Would you please identify the document
                      that I have handed up to you)
               b.     The witness’s knowledge about the document (e.g., Is that your signature
                      on the letter? Where have you seen this document before?)
               c.     The relevance of the document to the witness’s testimony and the court
                      proceedings in general (e.g., Is this the written contract in dispute in this
                      litigation? Is this something you used for the basis of your expert
                      opinion?)
           6. Ask to enter the document as an official exhibit to the proceedings.

      C.   Some Advice
           1. All exhibits are potentially admissible, but some witnesses may be better suited
              to introduce the exhibits than others.
           2. Regardless of how important an exhibit might be to your case or the opposing
              side's case, the Modified Rules of Evidence may restrict which witness can be
              used to introduce the exhibit. For example, a doctor who treated a witness would
              not be the right witness to introduce a letter from Mr. Doe to Ms. Roe discussing
              the medical treatment Mr. Doe received, but the sender of the letter, Mr.
              Doe, and its recipient, Ms. Roe, could introduce the exhibit because they have
              sufficient personal knowledge about it.
           3. Exhibits are another tool for the attorney at trial. They are a powerful tool
              because, unlike the witnesses, the exhibits will eventually go back to the jury
              room while the jury deliberates the case. Therefore, while the jury might not
              remember all of the verbal testimony they listened to during the trial, they can
              keep referring back to the exhibits later on. In this light, the attorney must do
              more with an exhibit than get it introduced at trial. The attorney must use the
              witnesses and the exhibits themselves to explain their relevance and how they fit
              in with the theme of the attorneys' case. Remind the jury why the exhibit is
              relevant.




                                                                                                54
          4.   After the exhibit is properly entered, use it to prove your points. You can pick up
               the exhibits, you can pass them around, and you can publish them to the jury
               with permission from the presiding judge. You can get witnesses to react with
               the exhibit and make their testimony more dynamic.
          5.   Know why you want to introduce a particular exhibit and who the best witness, on
               either side of the case, is the best witness to introduce the exhibit.
          6.   Know the Modified Rules of Evidence and come prepared with objections to the
               introduction of certain exhibits you do not want introduced because they hurt
               your case. Objections to the admission of the exhibits may come in the form of
               objections based on procedural grounds, e.g. lack of proper foundation (the
               witness has not testified sufficiently to establish why they exhibit is relevant and
               why this witness can testify about it) or on legal grounds, e.g. hearsay (the lay
               witness has no personal knowledge about what is contained in the exhibit and
               the attorney is trying to elicit testimony proving the matter that is specifically set
               forth in the proposed exhibit.)
          7.   For further information on exhibits for this competition refer to pages 10 and 16.

V.   Objections
     A. Purpose
         1. To protect your witness
         2. To prevent out-of-bounds testimony from entering the court record
         3. To restrict introduction of documents where improper or no foundation for its
              admission is laid

     B.   Procedure
          1. Opposing attorney hears the question.
          2. Opposing attorney stands and says, “I object your honor.” And then briefly states
              the reason(s) for the objection.
          3. Judge may allow the opposing attorney to respond to the objection.
          4. Judge may rule:
              a. “Objection sustained” – the question must be discarded as given and any
                   response stricken from the record
              b. “Objection overruled” – the question stands; the questioning attorney might
                   repeat the question for the witness to get back into the question-answer
                   rhythm
              c. “I’ll take note of your objection” – question can still be answered but the
                   judge can weigh what is said in light of objection

     C.   Some Advice
          1. Object with professional courtesy – do not allow your objections to ignite clashes
             with your opposing counsel.
          2. Never disagree with a judge’s ruling.
          3. When the judge overrules an objection, it merely means that he/she thinks the
             evidence should be heard; continue to object when you think it necessary.
          4. Work out the objection strategies with your co-counsel before the trial.
             a. Anticipate hearsay objections.
             b. Anticipate opinion objections.
             c. Decide where other legitimate objections might be used as a way to block
                  information vital to your opponent’s case.




                                                                                                 55
VI.   The Closing Argument
      A. Purpose of Closing Argument
          1. Make conclusions from the evidence.
               a. What evidence is credible and not credible?
               b. What witnesses should be believed and not believed?
          2. Show why you should prevail on the merits.

      B.   Prepare Closing Statement
           1. Reread the entire case several times to get an overview of the facts and issues.
           2. List all the significant facts in the cases (both sides) and list the conclusions
               which can be made from the facts.
           3. Summarize the statute by writing it in your own words; explain how the
               conclusions from the facts satisfy what you need to prove.
           4. Coordinate your ideas with the opening statement and predicted witness
               testimony.
           5. Make sure the closing fits the theme of the case.

      C.   Typical Format of a Closing Statement
           1. Start by saying, “May it please the court?”
           2. Tell why the case is significant to your client.
           3. Outline the facts of the case without dispute.
           4. Give real issue on which the law turns – review the applicable law.
           5. Review evidence and testimony from your witnesses.
           6. Refer to opponent’s testimony.
               a. Point out testimony which supports your side.
               b. Explain any obvious weaknesses.
           7. Go through elements of the statute.
               a. Show how you satisfied each element of proof.
               b. If your side has burden, tell how you met the burden.
           8. If plaintiff or prosecution, set forth the specific relief or outcome you want.

      D.   Additional Information and Advice for a Closing Statement
           1. Closing statement should be a polished, prepared speech with a structure that
              allows specific references to what has been said in the trial.
           2. Quote exact phrasing from testimony, if possible.
           3. When you refer to exhibits, identifying them by what they are (divorce decree,
              etc.), not by their exhibit number.
           4. Don’t waste time arguing all the elements that your opponent has shown –
              narrow to those necessary to win your side.
           5. Point out opponent’s failure to fulfill promises.




                                                                                                56
                                      What to expect at
                                      High School Mock Trial
                                      Regional Competitions
The Basics: What is Mock Trial?
A mock trial is a pretend trial and may involve either civil or criminal cases, just like a real court. High
School Mock Trial rules and procedures are modified to simplify the process of mock trial. In Mock
Trial the students present the case and act as the main characters in the courtroom. The purpose of
the Mock Trial is to learn about courtroom procedures and the people and rights involved with the
legal system. It also teaches how to evaluate both sides of an issue and resolve conflicts in a
nonviolent manner. A mock trial follows the trial procedure of the lower courts.

By incorporating Mock Trial, students learn about the basis of our American judicial system and the
mechanics of litigation. In addition, students will be encouraged to learn and understand the meaning
of good citizenship in a democracy. Mock Trial is exciting to share in any classroom or club and it
easily stimulates participation, critical thinking, speaking skills, and teamwork. Mock Trial is also
available in many high schools throughout the state. (Graduating high school mock trial students are
eligible for high school mock trial scholarships when continuing with higher education.)

Registration:
With the wonderful expansion of High School Mock Trial there is an increased number of teams
participating at each of the regional competitions, hence there are many people attempting to register
at once to include teachers, students, attorney coaches, proud parents, guests, and attorney
volunteers. To reduce congestion, the sponsoring teacher is asked to have the school’s entire team
wait outside while the sponsoring teacher (only) registers the team. Students who arrive individually
are asked to wait with their parents or guardian until the remainder of their team arrives, preferably
outside of the court house. (If it is too cold or raining, schools will be directed to a welcome area to
wait for further instructions.)

Once the coordinator receives the needed information from the sponsoring teacher, the talent release
forms and the official rosters, as well as the sponsoring teacher’s cell phone number (cell phones are
on vibrate) to contact teachers within the building in case of an emergency, teams will be provided
with a registration packet. The registration bag will include an agenda, noteworthy information, forms,
press releases, dispute forms, extra time sheets, certificates for teachers and students, teacher
evaluations, and name badges for team members and guests. The red registration bag is to be
returned to the coordinator at the end of the competition with the completed evaluations and the
students/teacher coded name tags, and file folders with any unused papers and name badges, as a
check out procedure.


Please bring:
•   Fifteen (15) copies of each of the Team Roster Forms (Plaintiff/Prosecution and Defense) in an
    envelope.
•   Singed Talent Release Forms in a separate envelope, if not mailed ahead of time.
•   A timekeeper




                                                                                          58           57
Nametags:
There is a maximum number of 24 visitor badges allotted per team. Note that guests cannot view
any event without the matching visitor badges. All team members and guests are identified
accordingly with their respective team badges. Students will have white pin-on name badges with two
coded letters representing their team in an attempt to keep the school anonymous. The students’
respective visitors, teachers and attorney coaches will be assigned the same two coded letters, but
with their respective titles (visitor, teacher, or attorney coach) on stick-on name badges. (Please do
not put stickers on pin-on name badges.) Visitors can only watch the team that matches their visitor
badge. Anyone (including visitors) viewing the wrong team can disqualify the team that his or her
badge represents. Announcements at the awards ceremony will begin after all the name badges
for students have been collected.

Welcome:
A welcome is given by the coordinator at the beginning of the competition. Any questions about the
day’s events are asked at this time. Teams are released upon the conclusion of the welcome and
given fifteen minutes to find their assigned rooms and prepare for their first trial.

Room Assignments:
Should a team become disqualified or fail to arrive to compete for an unforeseen circumstance; room
assignments are subject to change and are announced as soon as possible.

Each trial has the following order of events:
•   Teams find courtrooms and have fifteen              •   Closing arguments from each side
    minutes to prepare                                  •   Judge asks teams to re-introduce
•   Teams find proper seating placement                     themselves to the scoring judges
    including time keepers                              •   Scoring jury leaves the room
•   Plaintiff / Prosecution’s Bailiff meets with        •   Any disputes are presented at this time to
    presiding judge outside of the courtroom                the presiding judge
•   Scoring jury enters                                 •   Scoring jury returns
•   Bailiff announces the presiding judge               •   Scoring jury and judge give comments and
•   Judge conducts welcome                                  feedback
•   Scoring jury introduces themselves                  •   Trial is officially over
•   Both teams introduce themselves and                 •   Once the trial is officially over, the team
    swap rosters                                            quietly returns to the place indicated at the
•   Opening statements from each side                       morning welcome. (Teams cannot go to
•   Bailiff swears in witnesses                             their next assigned courtroom until fifteen
•   Direct / Cross Examinations                             minutes prior to the trial round for the sake
•   5 minute recess for competing students                  of a trial may still be in process.)
    ONLY (not for visitors)---- see RECESS
    notes on next page


Judging/Scoring:
Each trial has a judge overseeing the trial and a minimum of two and a maximum of three people
serving as the jury. The jury scores the trial using the High School Mock Trial scoring form to
determine how each team performs their knowledge and understanding of the case itself and the
trial process, not guilt or innocence. The scoring jury also determines the most effective witness
and most effective attorney for each round. Should there only be two jury members, the presiding
judge also scores the round so that every trial has three scoring judges. The presiding judges
are members from the SC Bar who are professional judges and/or attorneys experienced with
the Mock Trial program. The scoring jury includes members from the SC Bar who are
professional attorneys, third and fourth year law students, etc. Scoresheets are mailed the first
business day following the competition.

                                                                                         59            58
Introductions:
Once teams are in their respective courtrooms, students are asked to address the scoring jury
and presiding judge providing only their names and roles in the competition (not their school) at
the beginning of each round as well as at the end of the competition. The re-introduction at the
end of each round assists the scoring jury in awarding the most effective witness and the most
effective attorney for each round.

Recess:
During the competition, the competing sides are given a five minute recess prior to their closing
arguments to stand up, walk outside the room, go to the restrooms, get water, regroup amongst
themselves to revise closing, etc. During this five minute recess, neither the other half of the
school’s competing team nor viewing guests can get up from their seats, or have any
communication with either of the competing sides inside or outside the courtroom. Essentially
non-movement and non-communication should be taking place during this five minute recess.
Should a violation of this rule take place, there is the potential that the presiding judge can rule a
strong point deduction or even disqualification for the team found in fault. It is asked that
everyone remain seated and silent during this time. This cannot be stressed enough.

Photography/Videography:
Video cameras and non-flash photography may be used during the competition only with the
consent of the presiding judge AND with the consent of the opposing team. Flash pictures may
NOT be taken during the competition at any time. Upon approval of video cameras and non-flash
photography, persons may take stationary pictures from their seats. No movement in the
courtroom for pictures is permitted.

Number of Rounds:
The length of the competition day will vary by region depending on the number of teams within
each regional competition. The time period will vary from round to round as staff will be
performing power matching to determine the placements of teams as each round progresses.
(This time period can vary between 30 minutes to an hour depending on when all teams are
finished as the power matching cannot begin until all rounds are completed.) Students found
roaming the halls during a round that they are not competing in are subject to penalties, as
respect and silence is needed for the other teams competing. Working diligently to keep the
hallways as quiet as possible is greatly appreciated.

Lunch / Snacks:
Regions are notified in advance that there will be an undetermined start time for lunch, but that
teams need to plan for lunch. In general, there are very few, if any, restaurants within walking
distance of the competition location. It is strongly suggested that students stay on the
competition grounds and parents/guardians either bring prepared food for lunch or go and
retrieve hot lunches for the team. Should a team request delivery, please notify Bar staff to help
locate your team upon delivery. Remember when planning for this lunch, that students need to
be seated in their respective courtrooms 15 minutes prior to each round beginning. The time for
the round immediately following lunch is announced prior to being dismissed for lunch. (There is
no eating in classrooms or courtrooms.)




                                                                                          60
                                                                                                         59
Awards:
After competing in the rounds, everyone reports back to where the welcome was held in
the morning. During the waiting period that can range from thirty minutes to an hour, staff are
working diligently to tally up score sheets and to double and triple check scores for accuracy.
During the waiting period, teachers complete their evaluations and collect student name
badges as the awards cannot be given out until each school submits their red registration
bags with the student name badges and teacher evaluations. (Certificates and press
releases are removed from the red registration bags and all other contents including file folders
and name badges along with the red registration bag are returned with the teacher and attorney
coach evaluations.)

The first part of the awards presentation has the announcements of the most effective witnesses
and most effective attorneys for each trial in each round. The award presentation concludes with
the announcing of the teams representing their respective region at the state competition. (The
number of teams that advance from the regional competition to the state competition is a
reflection of the size of the regional competition and can vary from region to region and
from year to year. The goal is to bring a total of sixteen teams to the state competition.)

Following the announcement of the teams advancing to the state competition, pictures are taken
of each advancing team and the coordinator discusses the state competition and answers any
questions from students, teachers and parents.

State Competition:
The State Competition is typically scheduled in March in the midlands area. Travel and lodging
the day prior to the function may be needed for some regions as registration/competitions is on
the Friday of the competition and concludes on Saturday that evening. Should a school not be
able to afford these expenditures and forfeit their slot, the slot is offered to the next team
according to ranking. A school cannot forfeit their slot past the drop deadline date provided each
year.

National Competition:
The National Competition is typically scheduled on Mother’s Day weekend with the team arriving
the Thursday prior, competitions on Friday and Saturday and departure on that Sunday. The
national competition is in May and the location varies from year to year. The state champion
MUST compete in the national championship. The South Carolina Bar Law Related Education
Division does provide some funding to assist in the expenditures associated with the national
competition.




                                                                                      61
                                                                                                     60
TAB INSERT: 2007 Mock Trial Case




                                   62
                High School
           Mock Trial Competition
                  The 2007 Mock Trial
                              Criminal Case

                 IN THE COURT OF COMMON PLEAS
                  SEVENTEENTH JUDICIAL CIRCUIT
                       COUNTY OF GLENDON
                    STATE OF SOUTH CAROLINA


                                              )
                                              )
State of South Carolina,                      )
             Prosecution,                     )
                                              )      Case No.
                     v.                       )      CF-2006-101
                                              )
                      Lane Miles,             )      (Filed Nov.15, 2006)
                      Defendant.              )
                                              )
                                              )

NOTE: All characters, names, events, places, and circumstances in this mock trial case are
      fictitious.



                                                                                             61
                                         INTRODUCTION

       The parties at “The Haunted House” were legendary at Glendon University,
especially the Halloween party. Lane Miles, Shannon Phillips and Drew Harding had hosted
several parties at their house on Hampton Drive over the past four years. The biggest party
each year was on Halloween, when a hooded and masked figure dressed as the Grim
Reaper would ominously distribute drinks to certain guests at precisely midnight. The Grim
Reaper became a staple at the Halloween parties and it always seemed like one person got
a little too “out of control” after the visit from the Reaper. The odd thing is, it was always the
one person everyone would least expect to lose control. Nevertheless, the antics livened up
the party. Little did everyone know that Lane Miles, Drew Harding and Shannon Phillips
were spiking one drink during the Reaper “prank” with MDMA, an illegal drug commonly
referred to as Ecstasy or X. Shannon knew where to buy the drug, Drew would make sure
the mark would come to the party and Lane would dress as the Grim Reaper and make sure
to give the mark the spiked drink. They would meet about a week before the party to decide
who was going to get the drink.
       The Halloween party on October 31, 2006, seemed to be like the last three
Halloween parties at the Haunted House. At midnight, the Grim Reaper entered the main
room, passed out a few drinks and then disappeared. The mark that night was Jason
Richardson, a student everyone assumed to be meek and shy – a “science geek.” Very
shortly after drinking the cocktail, Jason suddenly and horrifically dropped dead. After his
death, it was discovered that Jason, while on the surface an ordinary guy had, in reality, a
very unsavory habit. After an investigation and questioning by Detective Chris Knight, Lane
Miles was charged with murder. Shannon pled guilty to simple possession and serving
alcohol to minors and agreed to testify for the state. Drew was not charged.




                                                                                                     62
                              TRIAL PROBLEM MATERIALS

                        STATE OF SOUTH CAROLINA V. LANE MILES

                             STATEMENT OF THE PROBLEM


The State of South Carolina has charged Lane Miles with two crimes in connection
with events occurring before and during October 31, 2006.

Lane Miles is charged with the following crimes, more specifically delineated in the
complaints and jury instructions.

1.     Murder
2.     Distribution of a Category I Controlled Substance



                                       WITNESSES

The prosecution and defense are each limited to calling only three witnesses
available.

     Witnesses available to the Prosecution
     Chris Knight
     Sam Barnes-Smith
     Shannon Phillips


     Witnesses available to the Defense
     Drew Harding
     Lane Miles
     Peyton King




                                                                                       63
                         EXHIBITS AVAILABLE TO BOTH PARTIES

The parties have stipulated to the authenticity of the trial exhibits listed below. The Court
will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have
reserved any objections to the admissibility of any of these exhibits until the trial of the
above-captioned matter. The trial exhibits may be introduced by either the State or the
Defendant, subject to the Rules of Evidence and the stipulations of the parties contained in
the materials.


   EXHIBIT      EXHIBIT DESCRIPTION
     #
       1        Record of Coroner
       2        Official Lab Report – Jason Richardson
       3        911 Phone Transcript
       4        Photograph of the back of “The Haunted House”
       5        Diagram of First and Second Floors of “The Haunted House”
       6        Photographs of Grim Reaper Costume
       7        Glenn Springs Fingerprint Bureau Report
       8        Official Toxicology Report – Evidence
       9        Halloween Party Invitation with Fingerprint on Tape
      10        Photographs of Glass Vial
      11        Photograph of Red Plastic “Solo” Brand Cup
      12        Charges for Shannon Phillips
      13        Glenn Springs Incident Report


NOTE: Teams must bring their own copies of all exhibits to competition, as they will
      not be made available at either the district or state competitions.




                                                                                                      64
PLEADINGS




            65
STATE OF SOUTH CAROLINA                )             IN THE COURT OF COMMON PLEAS
                                       )
COUNTY OF GLENDON                      )               SEVENTEENTH JUDICIAL CIRCUIT
                                       )
STATE OF SOUTH CAROLINA,               )
                                       )
                                       )               Case No. CF – 2006-101
                                       )
vs.                                    )               (Filed November 15, 2006)
                                       )
LANE MILES,                            )
                                       )
                 Defendant             )
                                       )

                                           Pre-Trial Order


       On this the 7th day of January, 2007, the above-captioned matter came before the
undersigned judge for pretrial conference on first stage issues. The Court has bi-furcated
the proceedings in this case into two stages in accordance with South Carolina law. The trial
of the first stage will address the issue of guilt or innocence. The trial of the second stage, if
necessary, will address the appropriate sentence for the crimes charged. The parties,
appearing through their counsel, indicated their agreement to, and approval of, the terms of
this Order, and requested that it be made the Order of this Court. The terms of this order,
accordingly, shall not be altered, except upon a showing of good cause.


                                      I. Statement of Case
The State charged Defendant, Lane Miles, with one count of Murder in violation of South
Carolina Code Annotated § 16-3-10 and the lesser included offense of illegal distribution of a
Category I controlled substance in violation of South Carolina Code Annotated § 44-53-370,
alleging that on November 1, 2006, Defendant unlawfully caused the death of Jason
Richardson, during the commission of a felony, to-wit: the distribution of methylene
dioxymethamphetamine (MDMA), an illegal drug and controlled substance, contrary to the
laws of the State of South Carolina, and the good order, peace and dignity thereof. Upon
arraignment, Lane Miles pleaded not guilty to all charges.




                                                                                                     65
II.   Pre-Trial Issues

      A.     Stipulations of the Parties
             The parties have entered into the following stipulations, which shall not be
             contradicted or challenged:
             1.     Defendant has waived the right to indictment by a grand jury.
             2.     The death of Jason Richardson occurred on November 1, 2006.
             3.     The death of Jason Richardson was primarily caused by an overdose
                    of methylene dioxymethamphetamine, also known as MDMA/
                    ecstasy/XTC/X.
             4.     Defendant was over the age of 18 as of October 31, 2006.
             5.     All exhibits listed are authentic and accurate in all respects.
             6.     The chain of custody for evidence is not in dispute.
             7.     The signatures on the witness statements and all other documents
                    are authentic.
             8.     All witnesses who were arrested were properly advised of their
                    Miranda rights.
             9.     The searches of the residence at Hampton Drive and of Mr.
                    Richardson’s dorm room, and the seizure of evidence during the
                    course of those searches, were proper and in accordance with the
                    law.
             10.    The transcript of the 911 phone call is admissible as a substitute for
                    the actual recording and accurately reflects the contents of the
                    recording. The first caller’s voice on the recording is identified as Sam
                    Barnes-Smith. The second caller’s voice is identified as Peyton King.
             11.    Exhibits I, 2, 8, and 9 and all contents thereof are admissible without
                    further foundation.
             12.    Exhibits 4 and 5 fairly and accurately reflect the scene, view, or
                    geography they purport to depict.
             13.    Exhibits 7, 11, and 12 are true and accurate photographs of evidence
                    recovered from 270 Hampton Drive by Detective Knight and the
                    costume model in Exhibit 7 is not meant to be representative of the
                    size, shape, race or gender of any witness.
             14.    Exhibit 13 is a certified copy of the records of the District Court of
                    Glendon County.



                                                                                                66
     15.    Exhibits 3 and 13 are kept in the ordinary course of business or as
            part of the ordinary conduct of an organization or enterprise where it
            was part of the ordinary business of that organization, business or
            enterprise, to compile the data or information. The information was
            made for the purpose of recording the occurrence of an event, act,
            condition, opinion or diagnosis that takes place in the ordinary course
            of the business or enterprise, the entry in the record or the compiling
            of the data was made at or near the time when the event took place,
            and the recording of the event was made by someone who has
            personal knowledge of it.

B.   Issue for Trial in This Stage of the Proceedings
     Whether or not Defendant is guilty of the crimes of Murder and/or illegal
     distribution of a category I controlled substance, as charged by the State.




                                                                                      67
                                   SOUTH CAROLINA
                                  CRIMINAL STATUTES


SC Code §16-3-10. "Murder" defined.
"Murder" is the killing of any person with malice aforethought, either express or implied.

SC Code §16-3-30. Killing by poison.
All willful killing by poisoning of any person shall be adjudged, taken and deemed willful
murder, of malice aforethought, and the offender therein, his aiders, abetters, procurers and
counselors, shall suffer punishment as in other cases of willful murder.

SC Code §16-3-50. Manslaughter.
A person convicted of manslaughter, or the unlawful killing of another without malice,
express or implied, must be imprisoned not more than thirty years or less than two years

SC Code §16-3-60. Involuntary manslaughter; "criminal negligence" defined.
With regard to the crime of involuntary manslaughter, criminal negligence is defined as the
reckless disregard of the safety of others. A person charged with the crime of involuntary
manslaughter may be convicted only upon a showing of criminal negligence as defined in
this section. A person convicted of involuntary manslaughter must be imprisoned not more
than five years.

SC Code § 16-17-4101. Conspiracy.
The crime known as "conspiracy" is defined as a combination between two or more persons
for the purpose of accomplishing an unlawful object or lawful object by unlawful means.

A person who commits the crime of conspiracy is guilty of a felony and, upon conviction,
must be fined not more than five thousand dollars or imprisoned not more than five years.

SC Code §44-53-1101. Controlled Substances - Definitions.
As used in title 44:

"Administer" means the direct application of a controlled substance, whether by injection,
inhalation, ingestion, or any other means, to the body of a patient or research subject by:
        (1) a practitioner (or, in his presence, by his authorized agent); or
        (2) the patient or research subject at the direction and in the presence of the
        practitioner.

"Agent" means an authorized person who acts on behalf of or at the direction of a
manufacturer, distributor, or dispenser, except that this term does not include a common or
contract carrier, public warehouseman, or employee of the carrier or warehouseman, when
acting in the usual or lawful course of the carrier's or warehouseman's business.

"Controlled substance" means a drug, substance, or immediate precursor listed in
Schedules I through V within this title.

"Deliver" or "delivery" means the actual, constructive, or attempted transfer of a controlled
drug or paraphernalia whether or not there exists an agency relationship.




                                                                                                68
"Distribute" means to deliver (other than by “administering” or dispensing pursuant to lawful
prescription) a controlled substance.

"Distributor" means a person who so delivers a controlled substance.

"Manufacture" means the production, preparation, propagation, compounding, conversion,
or processing of a controlled substance, either directly or indirectly by extraction from
substances of natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container.

"Manufacturer" means any person who packages, repackages, or labels any container of
any controlled substance, except practitioners who dispense or compound prescription
orders for delivery to the ultimate consumer.

"Narcotic drug" means any of the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis:
        (a) opium, coca leaves, and opiates;
        (b) a compound, manufacture, salt, derivative or preparation of opium, coca leaves,
        or opiates;
        (c) a substance (and any compound, manufacture, salt, derivative, or preparation
        thereof) which is chemically identical with any of the substances referred to in
        subitem (a) or (b). This term does not include decocainized coca leaves or extracts
        of coca leaves, which extracts do not contain cocaine or ecgonine.

"Paraphernalia" means any instrument, device, article, or contrivance used, designed for
use, or intended for use in ingesting, smoking, administering, manufacturing, or preparing a
controlled substance and does not include cigarette papers and tobacco pipes but includes,
but is not limited to:
 (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic marijuana or hashish pipes with
or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes designed for use or intended for use with marijuana, hashish, hashish oil, or
cocaine;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips;
(6) separation gins designed for use or intended for use in cleaning marijuana;
(7) cocaine spoons and vials;
(8) chamber pipes;
(9) carburetor pipes;
(10) electric pipes;
(11) air-driven pipes;
(12) chilams;
(13) bongs;
(14) ice pipes or chillers.




                                                                                                 69
SC Code § 44-53-190. Schedule I.
(a) The controlled substances listed in this section are included in Schedule I.

(b) Any material, compound, mixture or preparation which contains any quantity of the
following hallucinogenic substances, their salts, isomers, and salts of isomers, unless
specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation:

     1.    3,4-methylenedioxy amphetamine
     2.    5-methoxy--3,4-methylenedioxy amphetamine
     3.    3,4-methylene-dioxymethamphetamine (MDMA)
     4.    3,4,5-trimethoxy amphetamine
     5.    Bufotenine
     6.    Diethyltryptamine (DET)
     7.    Dimethyltryptamine (DMT)
     8.    4-methyl-2,5-dimethoxyamphetamine (STP)
     9.    Ibogaine
     10.   Lysergic acid diethylamide (LSD)
     11.   Marijuana
     12.   Mescaline
     13.   Peyote
     14.   N-ethyl-3-piperidyl benzilate
     15.   N-methyl-3-piperidyl benzilate
     16.   Psilocybin
     17.   Psilocyn
     18.   Tetrahydrocannabinol (THC)
     19.   2,5-dimethoxyamphetamine
     20.   4-bromo-2,5-dimethoxyamphetamine
     21.   4-Methoxyamphetamine
     22.   Thiophene analog of phencyclidine
     23.   Parahexyl.

SC Code §44-53-370. Prohibited acts A; penalties.

   (a) Except as authorized by this article it shall be unlawful for any person:

       (1) to manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or
       conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with
       the intent to manufacture, distribute, dispense, deliver, or purchase a controlled
       substance or a controlled substance analogue;

       (2) to create, distribute, dispense, deliver, or purchase, or aid, abet, attempt, or
       conspire to create, distribute, dispense, deliver, or purchase, or possess with intent
       to distribute, dispense, deliver, or purchase a counterfeit substance.

   (b) A person who violates subsection (a) with respect to:




                                                                                                70
         (1) a controlled substance classified in Schedule I is guilty of a felon and, upon
        conviction, for a first offense must be imprisoned not more than fifteen years or fined
        not more than twenty-five thousand dollars, or both.

STATE OF SOUTH CAROLINA                )             IN THE COURT OF COMMON PLEAS
                                       )
COUNTY OF GLENDON                      )               SEVENTEENTH JUDICIAL CIRCUIT
                                       )
STATE OF SOUTH CAROLINA,               )
                                       )
                                       )               Case No. CF – 2006-101
                                       )
vs.                                    )                   (Filed November 15, 2006)
                                       )
LANE MILES,                            )
                                       )
                  Defendant            )
                                       )

                                 Preliminary Jury Instructions

The Court hereby approves the following preliminary jury instructions in the above-captioned
case. It notes that the presentation of evidence at trial may warrant additional instructions,
and it will consider those instructions at a later date.


A.      Opening Instruction
        You have been selected and sworn as the jury to try the case of the State of South
        Carolina against Lane Miles. The defendant is charged with the offense of murder by
        an information filed by the State. The information in this case is the formal method of
        accusing the defendant of crimes. The information/indictment is not evidence and
        you should not allow yourselves to be influenced against the defendant by reason of
        the filing of the information. The defendant has pled not guilty. A plea of not guilty
        puts in issue each element of the crime with which the defendant is charged. A plea
        of not guilty requires the State to prove each element of the crime beyond a
        reasonable doubt. The defendant is presumed innocent of the crimes and this
        presumption continues unless and until after consideration of all the evidence you
        are convinced of his/her guilt beyond a reasonable doubt. The defendant must be
        found not guilty unless the State produces evidence which convinces you beyond a
        reasonable doubt of each element of the crimes. It is your responsibility as jurors to
        determine the facts from the evidence, to follow the law as stated in the instructions




                                                                                                  71
     from the judge, and to reach a verdict of not guilty or guilty based upon the evidence
     and to determine punishment should you find the defendant guilty.


B.   Closing Instruction
     It is your responsibility as jurors to determine the facts from the evidence, to follow
     the rules of law as stated in these instructions, to reach a fair and impartial verdict of
     guilty or not guilty based upon the evidence, as you have sworn you would do. You
     must not use any method of chance in arriving at a verdict, but must base your
     verdict on the judgment of each juror.


C.   Introduction
     Now that all the evidence has been presented, it is my duty under the law to give you
     the instructions that apply in this case. The instructions contain all rules of the law
     that are to be applied by you, and all the rules of law by which you are to weigh the
     evidence and determine the facts in issue in deciding this case and in reaching a
     verdict. You must consider the instructions as a whole and not as a part to the
     exclusion of the rest. All the testimony and evidence that is proper for you to consider
     has been introduced in this case. You should not consider any matter of fact or of
     law except what has been given to you while this court is or has been in session.


D.   Summary of Charges
     The defendant, Lane Miles, is charged in the information with Felony Murder by
     administering a Category I controlled substance to Jason Richardson and thus,
     causing his death while at a Halloween party on October 31, 2003. To these
     charges, the defendant has entered a plea of not guilty.


E.   Presumption of Innocence
     The defendant is presumed innocent of the crime charged, and the presumption
     continues unless, after consideration of all the evidence, you are convinced of his/her
     guilt beyond a reasonable doubt. The State has the burden of presenting the
     evidence that establishes guilt beyond a reasonable doubt. The defendant must be
     found not guilty unless the State produces evidence which convinces you beyond a
     reasonable doubt of each element of the crime.




                                                                                                  72
F.   Evidence-Definition
     Evidence is the testimony received from the witnesses under oath, stipulations made
     by the attorneys, and the exhibits admitted into evidence during the trial.
G.   Evidence - Inferences
     You should consider only the evidence introduced while the court is in session. You
     are permitted to draw such reasonable inferences from the testimony and exhibits as
     you feel are justified when considered with the aid of the knowledge which you each
     possess in common with other persons. You may make deductions and reach
     conclusions which reason and common sense lead you to draw from the fact which
     you find to have been established by the testimony and evidence in the case.


H.   Information Not Evidence
     The information in this case is the formal method of accusing the defendant of a
     crime. The information is not evidence of guilt, and the law is that you should not
     allow yourselves to be influenced against the defendant by reason of the filing of the
     information.


I.   Judicial Rulings
     The Court has made rulings in the conduct of the trial and the admission of evidence.
     In so doing I have not expressed nor intimated in any way the weight or credit to be
     given any evidence or testimony admitted during the trial. Nor have I indicated in any
     way the conclusions to be reached by you in this case.


J.   Objections
     From time to time during this trial, the attorneys have made objections that I have
     ruled on. You should not speculate upon the reasons why objections were made. If I
     approved or sustained an objection, you should not speculate on what might have
     been said or what might have occurred had the objection not been sustained by me.


K.   Credibility of Witnesses
     It is your responsibility to determine the credibility of each witness and the weight to
     be given the testimony of each witness. In determining such weight or credibility, you
     may properly consider: the interest, if any, which the witness may have in the result
     of the trial; the relation of the witness to the parties; the bias or prejudice of the



                                                                                                73
     witness, if any has been apparent; the candor, fairness, intelligence, and demeanor
     of the witness; the ability of the witness to remember and relate past occurrences,
     the means of observation, and the opportunity of knowing the matters about which
     the witness has testified. From all the facts and circumstances appearing in
     evidence and coming to your observation during the trial, aided by the knowledge
     which you each possess in common with other persons, you will reach your
     conclusions. You should not let sympathy, sentiment or prejudice enter into your
     deliberations, but should discharge your duties as jurors impartially, conscientiously,
     and faithfully under your oaths and return such verdict as the evidence warrants
     when measured by these instructions.


L.   Elements of Felony Murder
     No person may be convicted of felony murder in the first degree unless the State has
     proved beyond a reasonable doubt each element of the crime. These elements are:
              1, that person or any other person takes the life of a human being;
              2, during the forcible rape, robbery with a dangerous weapon, kidnapping,
                     escape from lawful custody, first degree burglary, first degree arson,
                     unlawful distributing or dispensing of controlled dangerous
                     substances, or trafficking in illegal drugs;
              3, or if the death of human being results from the commission or attempted
                     commission of murder of another person, shooting or discharge of
                     firearm or crossbow with intent to kill, intentional discharge of a
                     firearm or other deadly weapon into any dwelling or building.


M.   Evidence - Necessity for Corroboration in Homicide Case
     No person may be convicted of felony murder unless both the fact of the death of the
     person allegedly killed and the fact that his/her death was caused by the conduct of
     another person are established as independent facts and beyond a reasonable
     doubt.


N.   Definition of "Direct Result"
     Direct Result means an immediate consequence which is not separated from its
     initial cause by other, independent factors.




                                                                                               74
O.   Definition of "In the Commission Of"
     In the Commission of means performing any act which is an inseparable part of a
     crime or necessary for its completion, or fleeing from the immediate scene of the
     offense.


P.   Lesser Included Offenses Introduction
     You may find the defendant guilty of any offense, the commission of which is
     necessarily included in the crimes charged. You may also find the defendant guilty of
     an attempt to commit the charged crime or of an attempt to commit any included
     crime


Q.   Lesser Included Offenses
     The defendant is charged with Felony Murder. You are instructed that, in addition to
     evidence concerning the crime of Felony Murder, evidence has also been introduced
     concerning the crime of unlawful administration of a Category I controlled substance.
     No person may be convicted of Felony Murder unless the State has proved beyond a
     reasonable doubt each element of the crime.


R.   Unlawful Administration of a controlled dangerous substance
     Unless authorized by the Uniform Controlled Dangerous Substance Act, it is unlawful
     for any person to distribute, dispense, transport with intent to distribute or dispense,
     possess with intent to manufacture, distribute or dispense any quantity of methylene
     dioxymethamphetamine, which is a controlled substance under the Act.


S.   Administer- Definition
     As used in the Uniform Controlled Dangerous Substance Act, "administer" means
     the direct application of a controlled substance, whether by injection, inhalation,
     ingestion or any other means, to the body of a patient, animal or research subject.
     The "administration" of a drug identified as a controlled substance under the act can
     only lawfully be administered by:
             1. a practitioner (or, in the presence of the practitioner, by the, authorized
                    agent of the practitioner),
             or




                                                                                                75
            2. the patient or research subject at the direction and in the presence of the
                    practitioner.


T.   Dispense- Definition
     As used in the Uniform Controlled Dangerous Substance Act, "dispense" means to
     deliver a controlled dangerous substance to the ultimate user or human research
     subject by or pursuant to the lawful order of a practitioner, including the prescribing,
     administering, packaging, labeling or compounding necessary to prepare the
     substance for such distribution. "Dispenser" is a practitioner who delivers a controlled
     dangerous substance to an ultimate user or human research subject.


U.   Distribute- Definition
     Distribute means to deliver other than by administering or dispensing a controlled
     dangerous substance.


V.   Accomplice- Corroboration
     The testimony of a single witness, if believed, is generally sufficient to establish a
     fact. An exception to this rule is made where the witness is an accomplice. The
     testimony of the accomplice alone is not sufficient to warrant a conviction. The
     accomplice's testimony must be generally supported by other evidence of some type,
     and that evidence must be such as would lead to the inference of the guilt of the
     accused independent of the testimony of the accomplice. It is not required that
     supporting evidence be sufficient to warrant a conviction or that the testimony of the
     accomplice be supported in every material particular. The supporting evidence must
     be more than that a crime was actually committed by someone. It must be sufficient
     to connect the accused with the criminal act and must be more than sufficient to
     merely cast upon the accused a grave suspicion of guilt. Slight evidence from
     another source that connects the accused with the commission of the alleged crime
     and tends to show participation in it may be sufficient supporting evidence of the
     testimony of an accomplice. In order to convict, that evidence, when considered with
     all of the other evidence in the case, must be sufficient to satisfy you beyond a
     reasonable doubt that the accused is guilty. Whether or not any witness in this case
     was an accomplice is a question for you to determine from the evidence in this case.




                                                                                                76
     The sufficiency of the supporting evidence of an accomplice is a matter solely for you
     to determine.


W.   Parties to Crime
     Every party to a crime may be charged with and convicted of a commission of a
     crime. A person is a party a crime only if that person:
            (a) directly commits the crime; or
            (b) intentionally helps in the commission of a crime; or
            (c) intentionally advises, encourages, counsels or procures another to commit
                     the crime.


X.   Principal, Failure to Prosecute Other Involved Persons
     Any party to a crime who did not directly commit the crime may be indicted, tried,
     convicted and punished for commission of the crime upon proof that the crime was
     committed and that the person was a party to it, even though the person alleged to
     have directly committed the crime has not been prosecuted or convicted, or has
     been convicted of a different crime or degree of crime is not amendable to justice or
     has been acquitted.


Y.   Conspiracy
     A conspiracy is an agreement between two or more persons to do an unlawful act,
     the existence of which may be established by proof of acts and conduct, as well as
     proof of an express agreement. When persons have associated themselves in an
     unlawful enterprise, any act done by any party to the conspiracy to further the
     unlawful enterprise is considered to be the act of all of the conspirators. However,
     each person is responsible for the acts of others only insofar as such acts are
     naturally or necessarily done to further the conspiracy.


Z.   Murder; Felony, during Commission of
     If you find and believe beyond a reasonable doubt that the defendant committed the
     homicide alleged in the information at the time the defendant was engaged in the
     commission of the felony of distributing or dispensing of a controlled substance as it
     has been defined for you, then you would be authorized to find the defendant guilty
     of murder, whether the homicide was intended or not. In order for a homicide to have



                                                                                              77
      been done in the commission of this particular felony, there must be some
      connection between the felony and the homicide. The homicide occurred soon or
      presently after the felony was attempted or committed. The felony must have a legal
      relationship to the homicide, be at least concurrent with it in part, and be a part of it in
      an actual and material sense. The homicide is committed in the carrying out of a
      felony when it is committed by the accused while engaged in the performance of any
      act required for the full execution of the felony.


AA.   Punishment
      You are only concerned with the guilt or innocence of the defendant. You are not to
      concern yourselves with punishment.


BB.   Closing Instruction
      After you have retired to consider your verdict, select one of you as foreperson and
      enter upon your deliberations. When you have agreed on a verdict, your foreperson
      alone will sign it, and you will, as a body, return it in open court. Your verdict must be
      unanimous. Forms of verdict will be furnished. You will now listen to the argument of
      counsel, which is a proper part of this trial.


CC.   Verdict Form
      A copy of the verdict Form approved by the Court is attached hereto as Appendix A.
      IT IS SO ORDERED, this the 1st day of November, 2005.



                                              Hon. Judge H. Myers
                                              Honorable District Judge H. Myers




                                                                                                     78
STATE OF SOUTH CAROLINA             )             IN THE COURT OF COMMON PLEAS
                                    )
COUNTY OF GLENDON                   )                SEVENTEENTH JUDICIAL CIRCUIT
                                    )
                                    )
STATE OF SOUTH CAROLINA,            )
                                    )
                                    )                Case No. CF – 2006-101
                                    )
vs.                                 )                (Filed November 15, 2006)
                                    )
LANE MILES,                         )
                                    )
                Defendant           )
                                    )

                                        Appendix A

                                         VERDICT


We, the jury, empaneled and sworn in the above-entitled cause, do, upon our oaths, find as
follows:


Defendant is:


       COUNT 1 – Murder
                     Guilty of the crime of Murder
                     Not Guilty of the crime of Murder


                                             OR


       COUNT 2 – Illegal administration of a Category I controlled substance
                     Guilty of the crime of illegally administering a Category I controlled
                     substance.
                     Not Guilty of the crime of illegally administering a Category I
                     controlled substance.




                                             Foreperson



                                                                                              79
STATE OF SOUTH CAROLINA              )             IN THE COURT OF COMMON PLEAS
                                     )
COUNTY OF GLENDON                    )               SEVENTEENTH JUDICIAL CIRCUIT
                                     )
STATE OF SOUTH CAROLINA,             )
                                     )
                                     )               Case No. CF – 2006-101
                                     )
vs.                                  )                (Filed November 15, 2006)
                                     )
LANE MILES,                          )
                                     )
               Defendant             )
                                     )

                                    Criminal Information

1.    Defendant, Lane Miles, an adult, SSN XXX-XX-1234, who resides at 270 Hampton
      Drive, Glendon, South Carolina, was arrested in the morning hours of November 1,
      2006.
2.    I, Davis Stoops, Prosecuting Attorney for the First Judicial Glendon County, State of
      South Carolina, accuse the above-named Defendant of the following crime: one
      count of a violation of South Carolina Criminal Code § 16-3-10, Murder, which
      offense was committed on November 1, 2006.

                                        Count One
                                [Offense § 16-3-10, Murder]

3.    On or about the 1st day of November, 2006 in Glendon County, State of South
      Carolina, Defendant did unlawfully cause the death of Jason Richardson during the
      commission of a felony to-wit: by dispensing or distributing methylene
      dioxymethamphetamine, a controlled and illegal substance. Defendant committed
      said acts in conscious disregard of a substantial and unjustifiable risk of injury to life,
      person and property, and disregard of that risk given the nature and purpose of
      Defendant's conduct, and the circumstances known to the Defendant, involved a
      gross deviation from the standard of conduct a law abiding person would have
      observed, to-wit:

              Defendant committed the crime of felony murder in the first degree on
              November 1, 2006, by causing the death of Jason Richardson, a human
              being, whose death occurred during an act of, or resulted from, the
              commission of unlawful distributing or dispensing of controlled dangerous



                                                                                                    80
            substances, or trafficking in illegal drugs, namely methylene
            dioxymethamphetarnine, contrary to the laws of the State of South Carolina
            and against the order, peace and dignity thereof.

                                    Count Two
      [Offense § 44-53-370, Distribution of Category I Controlled Substance]

4.   On or about the 1" day of November 2003 in Glendon County, State of South
     Carolina, Defendant did unlawfully intentionally, purposefully, and recklessly
     distribute a controlled dangerous substance or illegal drug, namely methylene
     dioxymethamphetamine, as set forth in the foregoing paragraph 3, contrary to the
     laws of the State of South Carolina and against the order, peace and dignity thereof.



                                          By:    Davis Stoops
                                          Deputy Prosecuting Attorney
                                          Deputy Prosecuting Attorney
                                          Glendon County, State of South Carolina
                                          Glendon County Courthouse
                                          One Courthouse Square
                                          Glenn Springs, South Carolina 29345




                                                                                             81
AFFIDAVITS




             82
State of South Carolina   )
                          )    AFFIDAVIT OF CHRIS KNIGHT
                          )

1.     My name is Chris Knight. I am currently a detective with the Glendon University
       Police Department. I have been in law enforcement for 10 years. I have Basic and
       Advanced School Resource Officer (SRO) certifications, Basic and Advanced
       Narcotics Interdiction training, as well as Undercover Narcotics training from the
       South Carolina Criminal Justice Academy. Additionally, I have attended club drug
       seminars and club drug updates provided by the US Drug Enforcement
       Administration (DEA) for each of the last 5 years.
2.     At approximately 00:22 on 1 November 2006, communications dispatched a call of
       an unconscious or unresponsive person at a party located at 270 Hampton Drive.
       Despite being on the way home from my second 18 hour shift in a row, I responded
       to the call as I was already in the vicinity.
3.     I arrived on the scene at 00:26, as did the Glendon Emergency Medical Service
       (GEMS). We were met by an individual, who I later determined was Lane Miles, who
       took us into the residence. There were several people already on the lawn of the
       residence. I told everyone to remain calm and to stay put while I checked out the
       situation with the EMS. Upon entering the residence, it was obvious that there was
       some kind of costume party going on.
4.     There was a small stage on the west side of the room, along with lights and
       amplifiers. There was also a great deal of party refuse (plates, cups) around the
       room. An individual was lying face up on the floor in front of the stage. His face was
       ashen and he did not appear to be breathing. The EMS technicians immediately
       began resuscitation efforts, but were not successful. The area immediately
       surrounding the individual was in severe disarray, with furniture knocked over and
       many spills. At this time, I ordered everyone into the study off the east side of the
       room so the scene could be secured. I looked through the immediate area but found
       nothing out of the ordinary. At 00:36, EMS transported the patient to Regional
       Medical Center, where I found out later he was pronounced dead. I saw no need to
       call any additional officers to the scene at the time.
5.     I then went to the study and asked who lived in the house. I was again introduced to
       Miles along with Shannon Phillips and Drew Harding. Miles identified the patient as
       Jason Richardson, a senior at Glendon University. Miles further stated s/he saw




                                                                                                82
      Jason suddenly become convulsive, eventually collapsing. S/he said that s/he had
      no explanation since Jason was quiet and kept to himself.
6.    During preliminary investigation, I spoke with Sam Barnes-Smith. As a result of this
      conversation, I became aware of an interesting ritual that always took place at Miles'
      Halloween parties. At midnight, someone comes in dressed as the Grim Reaper and
      delivers drinks. It appears that one of the individuals is given a drink laced with
      narcotics. Besides Miles, I was told that two other people were involved in this ritual -
      Phillips and Harding. At that point, I called for additional officers. Once more units
      arrived, I pointed out Barnes-Smith for an interview.
7.    I then separated the three residents and isolated them in their separate upstairs
      rooms. I first interviewed Harding, who admitted knowing of the ritual but denied
      anything having to do with the Grim Reaper. S/he further stated that s/he didn't even
      see the Grim Reaper make an appearance at the party, but admitted that s/he was
      not downstairs at midnight. Harding also said that s/he didn’t know who the Grim
      Reaper was and thought that was the fun of it. Through his/her body language,
      Harding appeared very nervous during questioning.
8.    I next interviewed Phillips. S/he admitted knowing of the ritual but denied anything
      having to do with the Grim Reaper. Phillips also stated s/he did see the Grim Reaper
      make the rounds at midnight, and Richardson could have possibly been given a drink
      by the costumed individual. Phillips' demeanor made me very suspicious, as it
      appeared by the body language (nervousness, fidgeting, lack of eye contact) that
      s/he was not fully cooperative.
9.    I told Phillips that I knew about his/her involvement in the Grim Reaper routine, and it
      was time to come clean. Miranda warnings were issued. Phillips acknowledged
      understanding them and further agreed to continue the interview. Phillips then
      began to sob and told me all about the Grim Reaper scheme that had been
      performed at three previous Halloween parties.
10.   Phillips said that s/he, Miles and Harding had come up with the stunt as part practical
      joke, part revenge at every Halloween party to be played on someone who had
      irritated one of them. S/he stated that once the person was selected, Harding was in
      charge of getting that person to the party. Phillips stated s/he was responsible for
      getting the drug for the drink, and the drug of choice was methylene
      dioxymethamphetamine or MDMA, known to Phillips and most kids as Ecstasy or X.




                                                                                                  83
      Phillips identified Miles as the one who would wear the Grim Reaper costume and
      distribute the drinks at midnight.
11.   On this evening, Phillips stated that Miles had selected Jason Richardson as the
      target. Phillips also stated that Harding was not involved in this prank, as Richardson
      was already coming to the party when the decision was made. Phillips gave the vial
      of MDMA to Miles earlier that evening, and assumed all was going according to plan
      when s/he saw the Grim Reaper appear at midnight. I asked Phillips to stand and
      performed a Terry frisk for my safety. Despite seeming very anxious and nervous
      during the pat down, Phillips had no weapon or other suspicious bulges on his/her
      person. At this time, Phillips was taken into custody and escorted downstairs by
      another officer.
12.   I interviewed Miles last. When I entered the room where Miles was held, I Mirandized
      him/her. Miles appeared very surprised that I had read those warnings to him/her,
      but understood them and stated s/he would talk to me. I asked Miles for more
      information as to his/her whereabouts at midnight. S/he stated that s/he and Harding
      were upstairs in his/her room at midnight. I asked for consent to search the room and
      Miles agreed.
13.   I searched the room while Miles stood in the doorway. I found nothing significant until
      I searched under Miles' bed, which was pushed flush against the west side of the
      room. My search under the bed uncovered a hastily stowed black cloak, gloves, and
      mask near the foot of the bed. I stood, holding the costume, and said "Some others
      have told me about this costume." I asked if Miles had anything else to tell me. Miles
      then seemed to slump in the doorway and stated, "Alright, alright. I was the Grim
      Reaper you might have heard about." I continued searching under the bed. Further
      investigation revealed a vial with a small amount of powder in it underneath the bed,
      located close to the back wall. Miles did not act surprised to see the vial. This fit the
      description of the MDMA provided by Phillips to Miles. Miles was taken into custody
      and escorted downstairs by another officer at this time.
14.   I had Harding taken into custody and escorted downstairs as well. I recovered the
      red plastic cup from the victim, inventoried the evidence and returned to the police
      station where Miles and Phillips were booked for possession of a controlled
      substance and all three were booked for distributing alcohol to minors. I discovered
      recently that Phillips pled to a lesser offense in exchange for testimony against Miles
      and the charges against Harding were dismissed.



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15.   As the primary detective leading the investigation, I attended the autopsy of
      Richardson. The Coroner, Dr. Nathan Banner, could not immediately find an obvious
      single cause for the seizures that were the cause of death and ordered a toxicology
      report. He sent samples of bodily fluids to the toxicologist.
16.   When I talked to the Coroner about the autopsy results, he told me that Richardson's
      death was quite violent and that his seizures lasted for as much as five minutes
      before he died. The toxicology report revealed 23 mg of MDA, a metabolite of
      MDMA, in the system and the forensic report on the vial and cup revealed that the
      trace liquid and powder contained high levels of MDMA as well. In fact, the potency
      of the MDMA was such that it was no surprise that the dose was lethal. Traces of
      pseudoephedrine were also found. Pseudoephedrine is a common ingredient in
      over-the-counter cold remedies. The latent fingerprint test for the cup returned with
      three sets of identifiable prints. The positive prints were identified from the detention
      center fingerprinting of Miles and Phillips. The third set was confirmed from autopsy
      prints to be those of the deceased.
17.   In my ten years as a law enforcement officer, I have seen a steady increase in the
      use of "club drugs." It has been necessary for me to learn as much as I can about
      them. I have spent most of my time focusing on 3-4 methylene
      dioxymethamphetamine, also known as "Ecstasy," "X" "Adam," "MDMA – there are
      hundreds of street names depending on what it is mixed with; Gamma-hydroxy
      butyrate, also know as "GHB," "G" "Georgia Home Boy"; and Rohypnol, also known
      as "Roofie" or "Roche.”
18.   Club drugs are not exactly what you would call "fun drugs." Although users may think
      these substances are harmless, National Institute of Health (NIH) research has
      shown that club drugs can produce a range of unwanted effects, including
      hallucinations, paranoia, amnesia and, in some cases, death. When used with
      alcohol, these drugs can be even more harmful. Some club drugs work on the same
      brain mechanisms as alcohol and, therefore, can dangerously boost the effects of
      both substances. Also, there are great differences among individuals in how they
      react to these substances and there are no predictors of how he or she will react.
      Some people have been known to have extreme, even fatal, reactions the first time
      they use. Studies suggest club drugs found in party settings are often adulterated or
      impure and, thus, even more dangerous. Because some club drugs are colorless,
      tasteless and odorless, they are easy for people to slip into drinks.



                                                                                                  85
19.   Ecstasy is a stimulant and psychedelic. Young people use Ecstasy to improve their
      moods or get energy to stay out all night; however, chronic abuse of Ecstasy
      appears to damage the brain's ability to think and regulate emotion, memory, sleep
      and pain. Because it is often created in illegal labs, Ecstasy can be mixed with
      caffeine, methamphetamine, cocaine or ephedrine. Users of MDMA face many of
      the same risks as users of other stimulants such as cocaine and amphetamines.
      These include increases in heart rate and blood pressure, a special risk for people
      with circulatory problems or heart disease and other symptoms, such as muscle
      tension, involuntary teeth clenching, nausea, blurred vision, faintness and chills or
      sweating. Long term research in animals links MDMA exposure to long-term
      damage to neurons that are involved in mood, thinking and judgment. A study in
      nonhuman primates showed that exposure to MDMA for only four days caused
      damage to serotonin nerve terminals that was evident six to seven years later. While
      similar neurotoxicity has not been shown definitively in humans, the wealth of animal
      research indicating MDMA’s damaging properties suggests that MDMA is not a safe
      drug for human consumption.
20.   On November 2, 2006, I went to Richardson’s dorm room with his parents to gather
      his personal effects. While in the victim’s dormitory room, I found a flyer for the party
      on his desk. I placed it in an evidence bag and submitted it to the forensics lab for
      analysis. According to the report, a print lifted from a piece of tape on the top of the
      flyer matched Miles’ fingerprint. While the parents were packing away his things,
      they came across a box that was hidden under his bed. The box contained a
      blender, bowls, tubing, several lithium batteries, about 30 packages of Sudafed and
      a small propane canister where the fittings had turned blue. I recognized this at once
      as a home methamphetamine laboratory. Because it is an extremely dangerous
      process, I immediately taped off the area, evacuated the parents and neighboring
      dorm rooms, and alerted Glendon Narcotics Team and the Department of Health and
      Environmental Control (DHEC).
21.   It is true that I have been criticized by my sergeant for not calling for additional
      officers sooner and for questioning the suspects at the house and rather than the
      station, but I have my reasons for doing what I did. First, I didn't suspect criminal
      activity until I heard the Grim Reaper story and I immediately called for additional
      units at that time. Second, I didn't want any of the suspects to get too defensive
      about being questioned.



                                                                                                  86
                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                             Chris Knight
                                             Chris Knight

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                              87
State of South Carolina   )
                          )   AFFIDAVIT OF SAM BARNES-SMITH
                          )

1.     My name is Sam Barnes-Smith. My mom is Dr. Pamela Barnes, the veterinarian who
       owns and operates Glendon Veterinary Hospital. My dad is Dr. Keith Smith, chief of
       surgery at the Glendon University Hospital.
2.     I am a senior at Glendon University majoring in pre-med, naturally. Mom wants me to
       become a veterinarian to assist her in her practice. Dad thinks I should become a
       dermatologist because then I wouldn't have to work nights or do emergencies. Plus,
       the patients never die, but then, they really never get better either. I'm not so sure.
3.     I know Shannon Phillips, Lane Miles, Drew Harding and Jason Richardson. We are
       in Chemistry together. I originally met Shannon, Lane and Drew at their Halloween
       party my junior year. I had really been looking forward to this year's Halloween party
       at The Haunted House because I love to dress up in costumes. It is fun to be
       somebody else, if only for just a night. Also, I had just turned 21, so I was finally
       going to be able to drink without worrying about getting charged with underage
       drinking.
4.     Last year, I went to the party as the scariest thing I could think of - an animal control
       officer. It was simple enough to imitate the uniform with khaki pants and a khaki shirt.
       What really freaked some people out was that I borrowed a catch pole from Mom's
       clinic and put a toy stuffed dog in the noose. Plus, to increase the effect, I put
       shaving cream on the dog's mouth to make it look like it had been foaming at the
       mouth from rabies. I was hoping to win some kind of prize for best costume, but,
       unfortunately, they didn't do that at The Haunted House.
5.     Instead of the costume contest at midnight last year, someone dressed as the Grim
       Reaper came out and gave about a dozen people, including me, a cup of punch. The
       volume of the party turned up a notch after that. While Lane and I were working part-
       time summer jobs cleaning kennel cages at my mom's vet hospital last year, I told
       him/her that they really knew how to throw a party. I said how much I liked the music.
       Lane asked if I liked the "other entertainment" as well. I asked what that meant. Lane
       told me that s/he was the Grim Reaper and had passed out a "special beverage" to a
       select guest. When I didn't respond, Lane explained that s/he spiked the drink with a
       little something "eXtra." S/he pronounced it “X-tra” like that. S/he told me that when
       the Grim Reaper had given out the spiked cup of punch to the "lucky" recipient last
       year that is what helped change the tone of the party. I definitely know it wasn't in my


                                                                                                   88
      cup. When Lane told me that, I assumed s/he meant the drink was spiked with drugs.
      After what happened to Jason, I definitely believe that is what Lane meant.
6.    Even though they didn't have a costume contest last year, I decided I needed a new
      costume for Halloween at The Haunted House this year. Plus, I hoped maybe the
      "lucky" cup of party punch went to the person with the best costume. Sort of a secret
      prize, I assumed, because it appeared, based on Lane's hints, that the year's "lucky"
      punch went to someone wearing a really cool Medusa costume who really seemed to
      be having a blast after midnight, I was determined to get "lucky" since Lane had told
      me s/he would be retiring the costume once s/he graduated.
7.    This time, I borrowed some surgical scrubs and mask from my dad. I wore a
      borrowed stethoscope around my neck. Because this Halloween I really wanted to
      creep everyone out, I carried a fake severed limb, made of rubber, depicting an arm
      ripped off at the shoulder and leaving a ragged bloody bone. Then I took a hacksaw
      from dad's workshop and painted the blade with red fingernail polish.
8.    I was really starting to regret going to the party at The Haunted House this year
      because it was lame. For entertainment, they had this really awful band.
9.    I saw Lane, Shannon and Drew throughout the night, but didn't get a chance to talk
      with any of them other than to say hey. Pretty much every time I saw Jason, he was
      with Drew. At one point I did see Shannon with Jason. They were having a few
      words. I even saw Shannon shove Jason and storm off. At first, I wasn’t sure if it was
      Shannon or Lane because the two of them were wearing identical burglar costumes
      and masks. I realized it was Shannon when s/he walked by me and went into the
      kitchen. I am really not even sure what Jason was doing there. I had seen him at
      parties before always skulking around. He was creepy. For someone who didn’t
      seem to fit in at parties, Jason appeared to know an awful lot of people – at least he
      talked with a lot of people and shook their hands. Anyway, whatever they were
      fighting about that night, Jason stayed at the party.
10.   A little before midnight, right before the band broke up, I saw Shannon dancing
      around. What a dancing fool. S/he was nonstop; that burglar costume must have
      been hot because Shannon was really sweating. I know some people speculate that
      Shannon was the Grim Reaper, but I saw him/her downstairs and dancing close to
      midnight.
11.   Around midnight, I saw Lane make his/her appearance in the Grim Reaper costume.
      Of course, because of the mask, I couldn’t see the face, but I figured from the walk



                                                                                               89
      and mannerisms it was Lane. S/he was moving with the same exaggerated care s/he
      used when carrying water bowls for dogs in the kennel - like his/her hands were a
      little unsteady and s/he was worried about sloshing. Plus, I assumed it was Lane
      based on what s/he told me about last year while we were cleaning cages. I called
      out "Hey Lane!" to let him/her know that I was there and so I could get a shot. Lane
      turned to me and nodded as s/he continued to pass out drinks.
12.   Lane walked through the crowd with the tray of drinks, pointing at the people who
      would get a cup from the tray. Unfortunately, as it turned out, I didn't even get a cup
      of punch from the Grim Reaper, much less the "spiked" cup. The keg was tapped at
      that point after all who received a cup drank the traditional toast to the Reaper.
13.   I didn’t know Jason that well, but what I did know really bothered me. At the
      chemistry lab, Jason had asked me and Lane lots of questions about where my
      mom's veterinary practice was located. He wanted to know whether my mom used
      Ketamine for anesthetizing animals and whether he could get a part-time job there
      next summer. My mom's clinic has been broken into several times and the police
      always said the thieves were looking for Ketamine because it can be turned into a
      white powder called “Special K.” Fortunately, the thieves never found where Mom
      keeps it locked up. But it really bothered me that Jason asked so many questions. I
      definitely planned on telling my mom not to hire Jason if he applied for a summer
      kennel job.
14.   Plus, Lane was angry with Jason about Chem. Lab. Jason hadn’t shown up for class
      for a week or so and the two of them flunked an experiment as a result. Lane kind of
      depended on Jason’s brains in that class.
15.   After the Grim Reaper left, I went to the downstairs bathroom. As I passed the
      stairway, I saw Drew and Lane coming down.
16.   When I came out of the bathroom, Jason was on the floor thrashing around with
      convulsions. I guess, because my parents are doctors everyone thought I would
      know what to do because I was pulled over to Jason. Everyone seemed to expect
      me to begin CPR. I told them, "I'm not a real doctor." They all just looked at me and
      their faces said, "Do something!" So, I pulled my cell phone out of my pocket and
      dialed 911.
17.   I told the operator where I was and that there was someone at the party who had
      fallen on the floor and gone into convulsions. The 911 operator told me that an
      ambulance was on the way and asked whether the person was breathing. At that



                                                                                                90
       point, it didn't look to me like Jason was breathing, so I took the stethoscope that I
       was wearing as a prop and put it to his chest. I didn't hear anything. That really
       freaked me out, so I started going through what I learned in CPR in high school. I
       made sure Jason had a clear breathing passage. I tipped his head back, I pinched
       his nostrils and I put my mouth over his and blew. Then I started to press his chest. It
       was gross. I was really happy that the EMS guys got there when they did.
18.    The ambulance guys pushed me aside while they worked on Jason. Then, the next
       thing I knew, a cop was asking me to remain in the study so that a detective could
       question me.




                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                             Sam Barnes-Smith
                                             Sam Barnes-Smith

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                                  91
State of South Carolina   )
                          )   AFFIDAVIT OF SHANNON PHILLIPS
                          )

1.     My name is Shannon Phillips and I am 21 years old. I live at 270 Hampton Drive,
       Glenn Springs, South Carolina. I am a senior at Glendon University in Glenn Springs,
       South Carolina. I have known Lane Miles for almost four years. Lane was one of the
       first people I met when I started my freshman year at GU. Lane and I hit it off
       instantly because we both liked to cut up and party. Lane and I became close
       friends. We were always hanging out together when we were not in class.
2.     Lane is a year older than Drew and me so s/he has been at GU a year longer. When
       I first met Lane, s/he had just moved into this really cool, old house on Hampton
       Drive, which is real close to campus. I lived in the dorm first semester of my
       freshman year, but Drew and I both moved in with Lane beginning spring semester
       and we've all been roommates since. The house is two-stories with a deck out back.
       It's got a fire escape attached to the side of the house and a giant living room that's
       great for parties. We rent the house from Phillips Newton, an eccentric Literature
       professor at the University. I had Professor Newton my freshman year for Lit I01 -
       good teacher, but kind of a kook. Anyway, one time Professor Newton told Lane and
       me that the house was built in the early 1920's by the Eberhardt family and that
       during Prohibition, Mr. Eberhardt made moonshine on the ground level. Eberhardt
       got shot when the police raided the place and the legend is that he still haunts it
       looking for his moonshine. This place was definitely built for parties. Lane nicknamed
       the place "The Haunted House" and the name really stuck. If you told anyone on
       campus there's a party tonight at "The Haunted House," people knew you were
       talking about our house.
3.     Without a doubt, the best party every year was the Halloween party. In the fall of my
       freshman year, when I still lived in the dorm, Lane asked me to help throw a
       Halloween party along with Drew. The Halloween keg party at The Haunted House
       has been an annual event ever since. Beginning four years ago, we started what we
       thought was a great prank for the Halloween party. At precisely midnight, a hooded
       and masked figure dressed as the Grim Reaper would appear and begin ominously
       distributing drinks to certain party guests. What everyone didn't know was that Lane,
       Drew and I had spiked one of the drinks with X, I mean Ecstasy. About a week
       before the Halloween party each year, Lane, Drew and I got together to decide who
       would get the drink with the X in it. We always picked someone who was kind of


                                                                                                 92
     nerdy or someone who had ticked us off in some way. I was in charge of getting the
     X. I could get liquid X from a guy I knew from high school. Everyone knows that X is
     real mild and no one ODs on it or anything. It’s a club drug, right? Anyway, Drew's
     job was just to make sure that the mark came to the party. Lane dressed up as the
     Grim Reaper and made sure to give the spiked drink to the mark. We would then sit
     back and watch as the person got high on X and acted like an absolute fool. While
     the three of us were the only ones who knew about the spiked drink, everyone
     thought the Grim Reaper's appearance was awesome, and the Grim Reaper's arrival
     became the highlight at each year's Halloween party.
4.   Lane wanted this Halloween party to be the best ever. Most of us were graduating so
     Lane wanted this Halloween party to top all Halloween parties. Lane even hired a
     band to play at the party. As usual, about a week before the party, Lane, Drew, and I
     sat down in the living room at The Haunted House where we discussed who should
     get the X from the Grim Reaper.
5.   I told Lane and Drew that I had talked to my guy and that I would drive there and get
     the X. Lane said, "Great, because I want Jason to get the 'Reaper treatment." Lane
     was adamant. "It's Jason or nobody," Lane said. Then Drew said, "Well, if it's Jason,
     then my job's done because you know he'll show." And Drew was right. Jason may
     have less personality than the paint on the wall, but he always showed up at parties.
     So, I told Lane, "Fine, if you want Jason, then its Jason. I don't really care." However,
     to this day I still really don't understand why Lane picked Jason.
6.   We made up some flyers. We made sure to put the Grim Reaper on there so
     everyone would know “he” would be there. Lane agreed to hang them up on campus
     because his/her music appreciation class is next to the Admin. Building. You can’t
     post flyers on campus without approval from Student Affairs. I know it’s crazy that the
     school would let you put up signs for a keg party, but I don’t think they even look at
     what they say. They just want you to take your junk down at some point so they don’t
     have to. They stamp it with the date, you get it approved, and put your name on it. If
     you don’t remove it after 30 days, they give you a fine or something. I saw the flyers
     we made on the counter in the kitchen on Monday. When I got back from class. I was
     ticked at Lane for not putting them up. Because Halloween was on a Tuesday, I was
     afraid no one would show up if the flyers didn’t go up. We had an argument about it
     and Lane was still mad at me on the night of the party. So we didn’t talk much.




                                                                                                 93
7.   On October 31, 2006, the night of the party, I got back to the house with the X about
     7:00 p.m. When I walked in, Drew and Lane were decorating for the party. I brought
     the vial of X in with me. As soon as I walked in, Lane said, "Did you get it?” I said.
     “Yeah” and handed the vial to Lane. Lane took it from me and said “I’ll handle it from
     here.” Lane then ran up the stairs with the vial. Lane returned a few seconds later
     without it. About 7:30 p.m. the band arrived in a van. They came in and started
     setting up the stage, lighting, amps and speakers in the living room. Lane instructed
     the band to "take a set break just before midnight 'cause we've got something
     special planned for midnight." Lane, Drew and I then each went to our rooms to get
     cleaned up and to change into our Halloween costumes. Drew was a pirate. Lane
     and I had these matching black burglar outfits with caps and mask that you wear
     over your eyes. People started showing up about 9:00 p.m. The band started the first
     music set about 9:30 p.m., and the party was packed by 11:00 p.m. I got sidelined
     talking to other friends and I lost track of Lane and Drew in the crowd and noise of
     the party.
8.   About 11:45 p.m., from across the crowded living room, I saw Lane and Drew
     heading up the stairs towards Lane's bedroom. I kept an eye on the staircase, and
     I'm sure Lane and Drew couldn't have come back down the stairs without me seeing
     them. Then, at precisely the stroke of midnight, I saw Lane dressed as the Grim
     Reaper coming into the living room from the kitchen with a scythe in one hand and a
     tray of shooters in the red "Solo" cups we bought for the party in the other hand.
     Obviously, Lane put the Grim Reaper outfit on upstairs, went down the side fire
     escape and re-entered the house from the outside through the exterior kitchen door.
     Otherwise everyone would see the Reaper before Lane could get the drinks. All the
     party guests laughed and cheered when they saw the Grim Reaper and everyone
     parted to give the Grim Reaper plenty of room. Once at the center of the room, the
     Grim Reaper slowly looked around studying all the guests, occasionally pointing a
     long, skeletal finger at someone to come forward and take a cup. The Grim Reaper
     proceeded in the manner until the finger finally pointed at Jason who was wearing a
     vampire costume. Jason came forward and was handed the last cup from the Grim
     Reaper's tray. All the selected guests, including Jason, then raised their cups in a
     toast to the Grim Reaper and then did the shots. Lane then sort of waived the scythe,
     turned and quickly exited the party room through the kitchen door while the crowd
     cheered, clapped and chanted "Reaper, Reaper!!" When the band started back up,



                                                                                              94
      everyone started booing and pelting them with all sorts of food and drinks. The band
      ducked out the back in disgrace. Someone must have put in a CD or something after
      that.
9.    Shortly after the fiasco with the band, about 12:15 a.m., I saw Lane and Drew
      coming back down the stairs into the party both laughing. I knew exactly what the
      smirks were for - Lane had just gotten Jason to down the spiked drink. Then, I
      noticed Jason acting really freaky - leaping and jumping around, arms waiving wildly.
      People backed away from Jason, pointed and laughed. Suddenly, Jason stopped
      and stood motionless for a moment. Jason's eyes rolled back, and he collapsed on
      the floor and began convulsing. I rushed over to Jason and I was joined seconds
      later by Lane and Drew. He was still shaking violently and gasping for air as a bluish
      color came over his face. The shaking slowly subsided until he lay absolutely still, the
      bluish color turned to ashen gray.
10.   The next few minutes seemed like a blur. Although everyone was in shock, someone
      must have dialed 911 because it seemed like the paramedics were there within
      minutes. Also, a detective who identified him/herself as Detective Knight was there.
      At first, the detective herded everyone into the study where we were told no one
      could leave.
11.   Over the next half hour or so, the detective went in and out of the study a few times.
      Finally, s/he came into the study and demanded to know "Who lives here?" Lane,
      Drew and I identified ourselves. The detective ordered the three of us upstairs from
      the rest of the crowd and then instructed us to each wait in our rooms until s/he could
      talk to us.
12.   Eventually, Detective Knight came into my room and sat down in a chair to question
      me. S/he read me my rights. I figured the best thing to do was tell the truth, so right
      away I told the detective about the prank, the Ecstasy, the Grim Reaper- everything.
      The detective slapped handcuffs on me and another officer took me downstairs and
      outside to a police car. We were driven to jail. Lane and I were finger-printed,
      photographed and booked.
13.   I know what Lane and Drew are saying about me now, but it's all a big lie. Lane and I
      didn't get into a fight that night and Lane never said s/he "didn't want to do the prank
      on Jason anymore." Also, I never told Drew that I had something against Jason. In
      fact, I hardly knew him. I certainly didn't know he had a meth lab in the dorm and I
      am not, and was not, a meth dealer. Look, I know I made a mistake buying the X for



                                                                                                 95
       the prank, but I don't use or sell drugs. Lane is just lying to save his/her own skin,
       and Drew is lying to cover for Lane. After all, Drew is not worried about going to jail
       because s/he wasn't involved in this one. I considered Lane and Drew my friends,
       but I'm not about to go to jail for murder for Lane. Yeah, I was scared, but I told the
       police and the Solicitor the truth. The Solicitor told me I would only be charged with
       simple possession and that the serving alcohol to minors charge would be dropped if
       I testified against Lane, you better believe I took the deal.



                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                              Shannon Phillips
                                              Shannon Phillips

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                                 96
State of South Carolina   )
                          )   AFFIDAVIT OF DREW HARDING
                          )

1.     My name is Drew Harding and I am a senior at Glendon University. I am 21 years
       old. I was there on Halloween when Jason Richardson seized and died. I'll never
       forget it. I'm sure that Lane had nothing to do with it, though - Lane was with me.
       Besides, s/he - we both – decided not to pull the “Grim Reaper” prank. It must’ve
       been somebody else.
2.     Let me explain. Lane, Shannon and I rent this big old house just off-campus on
       Hampton Drive. The bedrooms are upstairs and there's this living room downstairs
       that we use for parties. Being off-campus, the place isn't under supervision like the
       student social organizations, so we've had several pretty wild parties there. "The
       Haunted House" as we call it.
3.     One fixture of our Halloween parties is the midnight appearance, of the Grim Reaper
       - I don't know where Lane got the costume, but it's really cool ... really gruesome.
4.     The trademark of our Halloween parties has been - used to be - the midnight
       appearance of the hooded and masked Grim Reaper character to serve a special
       round of drinks. "Special" to our guests meant the ceremony of it all -- the high point
       of the evening. "Special" to the three of us - Shannon, Lane and me - meant that one
       of the drinks being passed around was spiked. Shannon always got the drugs; I think
       it was always X - it usually was. My job was to make sure the person would be at the
       party - and stay until midnight. Part of the fun was selecting somebody who was
       exactly the last person anyone would expect to lose control -that made the contrast
       between the person's normal image and their post-midnight antics all the more
       hilarious. I don't think the guests really knew exactly what was going on. We usually
       kept the dosage low enough to appear that they were just drunk and not on drugs.
5.     Lane's job was to impersonate the Grim Reaper and hand out the drinks. It took
       some slight of hand to be sure the right person got the right drink without being
       obvious. Lane was good at that.
6.     The Halloween party plans had begun like any other. Jason was a pretty reliable
       "show-up" and seemingly in no hurry to move on anywhere else, so my role looked
       to be easy. That night I didn't have to do anything, so I was hanging out with Lane.
       What Shannon had done about getting more X, I don't know.
7.     Before the party, Shannon showed up with the drugs. I was busy hanging
       decorations and stuff. I don’t know what all was said. I do know that Lane said the


                                                                                                 97
      Grim Reaper thing was off. When Lane refused to go through with the prank that
      night, Shannon got ticked off. Shannon was already convinced the party was going
      to bomb because Lane didn’t get the flyers up until that morning. Shannon offered to
      wear the costume him/herself, but that came to nothing when Lane refused. By then,
      the people had started to arrive, so I circulated until sometime after 11 p.m.
9.    The party was in trouble. The band was terrible. I joined Lane and Shannon in the
      living room beside the staircase to discuss what to do. Shannon had come from the
      kitchen and was very concerned at how dead the place felt, how anti-climactic it was
      going to be without the Grim Reaper. The two of them were still upset with each
      other so Lane and I went upstairs to his/her room, while Shannon stayed downstairs.
10.   That must've been a quarter to twelve, I guess. After the tension downstairs, when
      the two of us got to the second floor, we just collapsed.
11.   I didn't notice anything unusual at midnight - the chiming grandfather clock is by the
      front door, and the hardwood floors are thick, so I'm not certain I even noticed it
      being midnight - but my watch said 12:15 a.m. We decided to go back downstairs to
      the party when we heard the band start up and then get booed off the stage.
12.   As Lane and I headed down the staircase, music was thudding from the living room. I
      think they'd given up the band and just played CDs. That must've done the trick
      because things appeared livelier than when I'd gone upstairs a half-hour before.
      People were dancing.
13.   Through the crowd partying and having a good time, I noticed Jason Richardson. He
      seemed to have gotten some life after all - after the "witching hour"; maybe that
      vampire costume was doing him some good! I'd started to walk his way when I
      noticed a strange expression come over his face. At first, I thought Jason was acting
      - y'know, getting into character by clenching his body and bugging his eyes as he
      rasped and wheezed -then I realized he wasn't that good an actor. Next thing I knew,
      he had fallen to the ground.
14.   I was running towards him before I knew it. I think Lane was close by - maybe
      Shannon, too, I'm not sure - but my attention was on Jason. I was close enough,
      now, to see beneath his Halloween makeup; he didn't look healthy, and he wasn't
      breathing normally at all.
15.   I was grateful when Sam Barnes-Smith started CPR. By then, I think, someone
      must've called the paramedics because I heard sirens shortly thereafter. Everyone
      kind of stood around silently, watching Jason twitch on the floor as Sam performed



                                                                                               98
       CPR, then the paramedics took over and worked on him. Detective Knight came with
       the EMS, apparently, and had already begun to clear the room. As s/he hustled
       Lane, Shannon and me away from each other, I looked at my watch again: 12:28
       a.m.
16.    I tried to discern from noises filtering from the living room to hear what the EMS
       paramedics were doing. It was 12:40 a.m. - I'd checked my watch incessantly for
       lack of anything else to do -when Detective Knight came up to question me. Knight
       had sent each of the three of us to our respective rooms. I felt pretty isolated while
       Knight went on to the other two. About 1:00 a.m., Knight came out of the doorway
       across the landing with Lane's "Grim Reaper" costume draped over his/her arm.
       Knight had me escorted downstairs and then taken to the station. Of course, I
       cooperated -- why wouldn't I? I -we - had done nothing, I thought. You could not
       imagine my elation when I was told that all charges against me were being dropped.
17.    I don't know what Shannon might have done. Lane and I weren't even there when
       the "Grim Reaper" showed up, so I know it couldn't have been Lane, not that night.
       Shannon had some gripe with Jason and Shannon had vials of X powder (MDMA)
       before, so you make up your own mind. I just know that, even if they found a vial in
       Lane's room upstairs, Lane never left until we came downstairs together. By then,
       Jason was – must’ve been - already drugged. Hey, maybe Jason just took it himself.
       The more I hear, the more I realize that I really didn't know much about the guy.


                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                             Drew Harding
                                             Drew Harding

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                                99
State of South Carolina   )
                          )     AFFIDAVIT OF LANE MILES
                          )

I.     My name is Lane Miles. I am 22 years old. Technically, I am still a senior at Glendon
       University. This is my fifth year. I am working hard to graduate this year because my
       dad says this is it for me. He’s cutting me of if I don’t graduate and get a job. What in
       the world would I do with a degree in Environmental Geography?
2.     My dad is loaded and off to Europe with his third wife. It was a sweet deal. Until this
       year, he was happy as long as I was in school and worked some lame part time job. I
       was out of his way, so he paid for everything.
3.     I’m sure you know all about the house rented with Drew Harding and Shannon
       Phillips on Hampton Drive. I don’t stay there anymore though since I got kicked out.
       Something about a suspicious death on the premises constituting a material violation
       of a lease provision. Well, that was fun while it lasted... the parties and all. Right now,
       I am just sleeping on a friend’s couch…that is, when I am not a guest of the fine
       accommodations you have downstairs. I can’t go far. My passport has been
       confiscated. My dad is not happy and funds are running low. Such fine
       representation does not come cheap.
4.     What happened that night? You tell me! I saw Jason Richardson when he walked in
       the door. I don’t remember seeing him again. I was upstairs with Drew when the
       imposter Grim Reaper showed up down stairs. Earlier that night, I made it clear to
       Drew and Shannon that I was through with that old Halloween prank of spiking the
       drinks. It was just always the same; it really wasn’t funny anymore. Enough was
       enough. I came to that conclusion a couple of days before the party. Peyton told me
       some story about some kids getting high and getting killed in a wreck, but that isn’t
       what changed my mind. X is a club drug – it’s not like crack or crystal meth. Nobody
       dies taking X.
5.     When Shannon got to the house with the X, I said I wasn’t doing it. Shannon just
       wouldn’t let go, though. S/he was determined for Jason to be the mark and for the
       prank to go as planned. Shannon even demanded I give him/her the Grim Reaper
       costume so s/he could do it. I don't remember touching Shannon's vial, but I
       suppose I could have for a second. S/he might have shoved it into my hand at one
       point. I do know I wanted nothing at all to do with it. For a moment, I really wasn't
       sure why Shannon was suddenly so adamant about making sure the Reaper made
       the rounds that night.


                                                                                                   100
6.    Then, I began to catch on. Shannon went ballistic when I said no to letting him/her
      wear the costume and when I told him/her to settle his/her "business disputes" with
      his/her "lab" partner, Jason, on his/her own time. Yeah, Shannon and Jason spent a
      lot of time together in the lab - and at the hardware store. I knew why they had
      something going on. I am not surprised they found the meth lab at Jason's place, but
      I had never been there. I know for a fact that Jason made it and Shannon sold it. You
      want to know every little thing that happened? Ask Shannon. S/he has the answers.
      I was so ticked at Shannon about the whole thing. I regretted that the two of us had
      decided to dress alike. We were a couple of burglars. What a dumb idea.
7.    Anyway, our argument was at about 8:00 p.m. that night. From then on, Shannon
      gave me the cold shoulder, which was fine by me. I really regretted that we had
      agreed to dress alike, but it was too late to get a new costume. At first, the party
      seemed like it was going well, with lots of people drifting in. I only spoke to Jason
      once that night - I think it was right after he arrived because he didn't have a drink in
      his hand yet. It was a short, meaningless conversation. I was certainly more cordial
      to Jason than Shannon was that evening.
8.    Drew and I did go upstairs before midnight, but it wasn't because it was getting close
      to midnight or anything like that. The party was a bomb. I was getting irritated
      because the band was awful. We hung out in Drew’s room. I may have gone to my
      room once or twice, but not for long. Then we went back downstairs just in time to
      see Jason start to convulse.
9.    I didn't confess to anything when I talked to the cops. When I said, "I was the Grim
      Reaper," what I meant was that I'd been the Grim Reaper in years past, but not this
      time. I didn't even know at that point that someone had been downstairs
      impersonating the Grim Reaper at the party. I just said the Grim Reaper costume
      was mine, though I last put it in the closet. I don't know who stuffed it under my bed
      along with that drug vial. Again, ask Shannon. S/he must have been the last person
      in my room before it was searched. Think about it - why would I have consented to a
      search of my room if I had hidden the evidence under the bed?
10.   I had nothing against Jason. Sure, I was mad that he ditched Chem. Lab and we
      bombed the experiment, but I had confronted him about that and he promised to do
      some extra credit to get our grades up.
14.   On the advice of my counsel, that is all I am prepared to state at this time. I didn't do
      it. I had no reason to hurt Jason, and I was done with the Grim Reaper pranks.



                                                                                                  101
                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                             Lane Miles
                                             Lane Miles

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                              102
State of South Carolina   )
                          )   AFFIDAVIT OF PEYTON KING
                          )

1.     My name is Peyton King. I am 21 years old and a pharmacy student at Glendon
       University in Glenn Springs, South Carolina. I live in the same dorm that Jason
       Richardson lives in or lived in until this past Halloween.
2.     I didn't really know Jason Richardson personally, but had heard that he was trying to
       get into pharmacy school, but did not have the grades. On the surface, Jason
       seemed quiet and shy and acted like a geek most of the time, but rumor around the
       dorm had it that he was a drug dealer. They say Jason had quite the nasty little habit
       and was hooked on his own products, snorting and smoking the crystal meth like it
       was candy.
3.     I have known Lane Miles since grade school in Glenn Springs. I have hung out with
       Lane and his/her roommates, Shannon Phillips and Drew Harding, at their house on
       Hampton Drive and partied many nights with them since enrolling at Glendon
       University. Lane was alright. Drew was kind of quiet. Shannon was kind of shady and
       it was rumored that s/he was involved with Jason Richardson and his illegal
       drugstore. Shannon had a connection in town and could always get X if anyone
       wanted it. I have done it once or twice before, but never again. Not after what
       happened to Jason.
4.     Lane and Drew were famous for their legendary "Grim Reaper" parties on
       Halloween. Around midnight at each party, Lane would put on his/her Grim Reaper
       costume and give a drink spiked with X to someone who usually became the hit of
       the party. This year was no different, except that instead of providing entertainment
       for everyone, Jason died after gulping down the drink.
5.     I had just seen a show on TV about these kids who got high on X, went to get some
       food and they were driving so fast they lost control and drove into the path of a
       tractor trailer. They all died. Several days before the party, I had a talk with Lane
       about the dangers of passing out the X to some unsuspecting person and the risk
       that such a person could end up really hurt or even dead. The morning of October
       30th, I saw Lane in Poli-Sci. Lane told me that s/he was not going to hand out the X
       cocktail this year and that while the party might not be as exciting, "at least no one
       would get hurt." Lane told me that Shannon wasn’t going to be happy that the prank
       was off because Lane had picked Jason to be the cocktail recipient and Shannon
       really wanted to see Jason be made a fool of.


                                                                                                103
6.   The night of the party I arrived early, around 8:30 p.m., mainly because my costume
     was a giant gorilla and I had to get dressed at Lane's house. The music started
     around 9:30 p.m and by 11:00 p.m. the house was full. The party was really pretty
     lame, especially because of the band. I didn’t see much of Lane that night. Drew was
     hanging around with Jason a lot, which was weird because I didn’t know they were
     friends. On the other hand, Shannon was with Jason too. As Shannon walked by,
     s/he commented that this party would not be lame much longer and that the Grim
     Reaper would not let us down. I was surprised because I knew Lane was not going
     to perform the Grim Reaper trick. After Shannon went into the kitchen, I saw Lane
     and Drew go upstairs. I realized I had forgotten my cell phone in my car, so I went
     outside to get it. I was outside talking to a couple of people when I noticed Shannon
     come out of the kitchen door, down the deck steps and then back up the exterior fire-
     escape stairs to the second floor. Although it was dark, I knew it was Shannon
     because of the burglar costume. S/he was almost running and carrying some sort of
     black bundle. I didn't think much of it at the time and went back into the house.
7.   A few minutes later, the Grim Reaper appeared with a tray full of drinks. I didn’t see
     Lane, Shannon or Drew. The Grim Reaper slowly made the rounds around the room,
     handed out the drinks and gave the last one to Jason.
8.   Shortly after I saw Jason take the drink from the Grim Reaper, I saw Shannon again.
     S/he was inside now, and looked like s/he had just finished a workout; all sweaty,
     hair messed up and his/her black burglar outfit was a mess.
9.   Soon after Jason gulped down the Grim Reaper cocktail, I noticed him staggering
     around on the dance floor. He looked really confused and anxious, with his eyes
     darting here, there and everywhere. He started having muscle spasms in his hands,
     arms and legs and then his teeth started clenching together; he was also shivering. I
     could tell, even from a distance, that his clothes were drenched in sweat. Then he
     began moving from person to person, trying to hang on their shoulder or arm -
     clutching them in what seemed like an attempt to stay on his feet. He didn't look like
     he could control or stop himself from having the muscle spasms. The look in his face
     was pathetic - full of fear and confusion about what was happening to him. Jason
     started pulling on his vampire costume like he was trying to get some air. His face
     had turned green and there were several people in his path that moved out of the
     way quickly, dodging his grasps, hoping, I guess … that he wouldn't vomit on them. I
     started toward him, thinking I'd help him get to the bathroom, but by the time I took



                                                                                              104
       two steps, Jason had fallen to the floor with his arms and legs twitching. His whole
       body was shaking and jerking and he appeared to be experiencing tremors
       throughout his entire body. His eyes were rolled back into his head. His jaws were
       clenched shut. He appeared to be choking on his tongue and he had a pinkish froth
       dribbling out of the side of his mouth. Then Jason became very still and started
       turning blue. None of this took very long at all; only about 15 minutes passed from
       the time Jason downed that drink until he was lying dead on the floor. Immediately, I
       realized that the crystal meth, combined with the alcohol and the X Shannon had put
       in that Reaper drink, was too much for Jason.
10.    I screamed for someone to call 911 and then tried to clear the area around Jason, so
       Sam would have room to perform CPR on him. After a few minutes, a paramedic
       showed up and tried to resuscitate Jason, but it didn't work.
11.    Then the police officer cleared the room, separated everyone and began taking down
       names and addresses so s/he could contact us later to get our written statements.


                                    WITNESS ADDENDUM
I have reviewed this statement, and I have nothing of significance to add at this time. The
material facts are true and correct.
                                            Signed,



                                             Peyton King
                                             Peyton King

SIGNED AND SWORN to me before 8:00a.m. on the day of this round of the 2007 South
Carolina Mock Trial Competition.

C.M. McCormack
C.M. McCormack, Notary Public
State of South Carolina
My Commission Expires: 07/25/09




                                                                                               105
EXHIBITS




           106
EXHIBIT #1: Record of Coroner


                                STATE OF SOUTH CAROLINA
                         SOUTH CAROLINA BUREAU OF INVESTIGATIONS
                              DIVISION OF FORENSIC SCIENCES
                                    RECORD OF CORONER

City     Glenn Springs            County       Glendon         Case No.    2006-39546
Name of Deceased                  Jason Richardson
Residence of Deceased             Glenn Springs
Age          20                                      DOB              4/3/86
Race         C                                       Height/Weight    68” / 160 lbs.

                                           MANNER OF DEATH
(   ) Natural ( X ) Homicide     (    ) Suicide ( ) Accident (         ) Undetermined (        ) Other

                                               CAUSE OF DEATH
 Overdose of MDMA
LAST SEEN            Date      11/1/06        Hour       0015       Place       270 Hampton Drive
FOUND                Date      11/1/06        Hour       0015       Place       270 Hampton Drive
INJURY               Set forth below.
PRONOUNCED           Date      11/1/06        Hour       Unknown    Place       Glendon Univ. Hosp.
NOTIFIED             Date      11/1/06        Hour       0830       By          Sgt. Clarice Starling, GSPD

                                              BODY IDENTIFIED BY
(   ) Fingerprints   (   ) Car Registration     (   ) Photographs           ( X ) Family

                                                  AUTOPSY
AUTHROIZED BY                  Coroner               CORONER NOTIFIED                   Yes
PRESENT AT AUTOPSY             Det. Chris Knight, GSPD, Investigating Officer

                                                 SUSPECT(S)
Shannon Phillips               Drew Harding          Lane Miles

                                    MORGUE INFORMATION
NAME   Glenn Springs DOFS         Date Received          11/1/06                       Hour      0830
BODY REMOVED FROM         Glendon University Hospital Morgue
TRANSPORTED BY            J.P. Dawson

                                                     PURPOSE
( X ) Autopsy             ( ) Limited Dissection         (  ) External Exam        (    ) History Review
PERFORMED BY              Nathan Banner, M.D.          Date         11/3/06                 Hour       1015
SIGNED                    Nathan Banner, M.D.          Date         11/4/06
APPROVED                  Nathan Banner, M.D.          Date         11/4/06




                                                1        6
                                         Page _____ of ______



                                                                                                         106
In accordance with the South Carolina Death Investigation Act, an autopsy is performed on the body of Jason
Richardson at the South Carolina Bureau of Investigation, Division of Forensic Sciences, in Glenn Springs,
South Carolina, on Monday, November 3, 2006, commencing at 1015 hours.

EXTERNAL, EXAMINATION:
The body is that of an adult male, approximately 68" in height, and weighing 160 lbs., consistent with the stated
age of 20 years.

The body is received wrapped in a black zippered disaster bag, is identified by an attached name tag and is clad
in the following articles of clothing:

          1.   Black "tuxedo" pants, torn near the left ankle and right knee. Much dirt on the lower portion of the
               pants. A fluid stain smelling of some alcoholic beverage appears on the right thigh.

          2.   Boxer shorts with vampires bearing the slogan "Love at First Bite."

          3.   Black nylon socks and patent leather shoes.

Also included in the disaster bag:

          1.   White "tuxedo" shirt with red bow tie. Cut down back, and unbuttoned for emergency treatment.
               Extensive staining of the front of this garment, smelling of some alcoholic beverage, and
               appearing to contain some blood. Stains have some droplets, but mostly radiate downward from
               the collar area.

          2.   A black hooded, lightweight nylon cloak, tied loosely around the neck. Fluids appearing to be
               blood and saliva appear around the front neck area. Lower portions of the cloak are torn, with dirt,
               and other fluid stains on them.

          3. Plastic vampire teeth.

The clothing is placed in airtight metal cans for volatile analysis.

The body is embalmed, refrigerated, and cool to the touch. Blancheable violaceous dependent livor mortis is
appropriately distributed across the posterior body surfaces. Rigor mortis is fully fixed in the extremities and
jaw.

The black scalp hair ranges to an estimated 3 inches. The irides are brown. The equal pupils are 118 inch. The
non-injected, nonicteric palpebral and bulbar conjunctive are without petechiae. The patent ears and nares are
without discharge. The dentition is in good repair; the oral cavity is without lesion. The lips, gums, and tongue
are moist. Facial hair consists of a neatly trimmed goatee bear and moustache with remaining heavy beard
stubble elsewhere. The symmetric neck is mildly cyanotic but otherwise without note. Superficial healed scars
on the right anterior forehead range to 1 inch at the hairline. Additional healed scars are within the scalp hair. A
1 %-inch group of red-brown eschars is at the left anterior hairline. A 2 %-inch irregular scar is on the anterior to
the left neck. A 2-inch linear scar is on the anterior to right neck.

The chest has a typical anteroposterior diameter and is without lesion. A small quantity of crusty white dried
material is on the right upper chest, extending to the shoulder. The mildly protuberant, tympanic abdomen has no
palpable organomegaly or lesion. A 20-inch horizontal cresentic scar spans the lower abdominal midline,
extending to each flank. Multiple striae scars are on the lower abdomen. A 9 inch healed vertical scar
spans the subxyphoid to periurnbilical abdominal midline. A 2 K-inch erythemic group of superficial resolving
abrasion with surface red-brown eschar is on the left lateral abdomen. Resolving purple to gold-brown
contusions on the left upper abdominal quadrant range to 2 inches. The external genitalia are without note. The
anorectal area has no trauma.

                                                2        6
                                         Page _____ of ______

                                                                                                                      107
The upper extremities have markedly short, irregular nails with minimal dirt underneath. The bilateral dorsal
forearms and hands have superficial scars ranging to 2 inches on the right. The dorsal right forearm has multiple
resolving purple to gold-brown contusions ranging to 2% inches extending from the dorsal hand to the forearm.
A 3-1/2 inch group of superficial red-brown eschars is on the dorsal left forearm, just distal to the elbow. A
718-inch erythemic scar with surface red-brown eschar is on the dorsal forearm with an adjacent 2 inch resolving
contusion. Superficial punctuate eschars are on the dorsal forearm. A 1-inch group of blue ink lines is on the
distal medial left thigh. A faint 6-inch yellow resolving contusion is on the right leg, below the knee. The
bilateral shins have typical hair distribution and lack significant edema. The medial distal right shin has
a 5-inch dark patch with a similar 3-inch patch on the left. An indistinct 6-inch yellow brown resolving
contusion is around the left knee. The skin of the bilateral shins, extending to the feet is scaly. Superficial red-
brown eschars are punctuate on the distal right shin and in a 3-1/2 group on the anterior left shin. Additional
superficial healed scars range to 1 inch. A 3-inch group of scars is on the lateral right calf. The superficial
subcutaneious veins of the bilateral feet are prominent at the arches and insteps. The bilateral heels are soiled
with brown foreign material. The toenails are short to moderately long and minimally irregular. A 118 inch dried
surface epithelial slip is on the dorsal right third toe. The upper back has prominent livor mortis with multiple
tardieu spots. Within the former on the left upper back is a 5-inch dark blue contusion with resolving gold-brown
edges. A 3-inch resolving contusion with gold-brown edges is on the lateral right buttocks. A 5-inch resolving
contusion with gold-brown edges and a deep purple-blue center is on the left buttocks. The remaining
extremities and back are without lesion. Additional superficial resolving contusions are sparsely scattered on the
body surface.

EVIDENCE OF MEDICAL INTERVENTION:
A single electrocardiographic lead is on the medial left lower leg.

EVIDENCE OF INJURY:
The nares and mouth issue a small quantity of red-pink froth. Similar material issues from the bilateral lung
parenchymae.

A 1-inch group of abrasions is on the dorsal left elbow.

The right anterior tongue tip has a 11/16-inch intraparenchymal hemorrhage.

INTERNAL EXAMINATION:
The following excludes the described injuries. The soft tissues and typically positioned viscera lack unusual odor
or atypical color. The soft tissues and viscera have mild autolysis.

CAVITIES:
The serosal cavities have the usual smooth glistening tan-pink mesothelium with diffuse dense fibrous bilateral
pleural adhesions. The peritoneum has focal fibrous adhesions. The pericardial sac is without adhesion. The
pericardial sac has an estimated 110 ml of serosanguneous fluid without clot. The remaining cavities are without
excess fluid accumulation.

CARDIOVASCULAR:
The 360-gram heart has a smooth glistening epicardium with mildly increased subepicardial fat. The typically
coursing right dominant vasculature is widely patent. The valves, chordae tendineae, and papillary muscles are
without note. The valvular circumferences are (centimeters): triscupid 12.0, pulmonic 8.5, mitral 11.5, and aortic
8.0. The bilateral atria are acutely dilated. The ventricular chamber diameters are (centimeters): right 4.0 and left
4.2. The ventricular wall thicknesses are (centimeters): right 0.2, left 1.6, and interventricular septum 1.7. The
soft red-brown myocardium is without discreet gross lesion. The typically exiting great vessels have widely
patent, typically positioned coronary ostia. The aorta has diffuse mild to focally moderate atherosclerosis.



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                                                                                                                    108
RESPIRATORY:
The post evisceration neck musculature lacks blood or lesion. The intact typically minimally pliable hyoid bone,
thyroid corn- and cricoid cartilage are without note. The typically branching tracheobroncial tree has a smooth
glistening tan-pink mucosa without lesion. A small quantity of pink froth is within the lower bronchial tree. The
typically formed 560-gram right and 530 gram left lung have smooth glistening visceral pleurae. Each has a
typically well aerated, deep purple red to pink parenchyma which issues a small quantity of pink froth but which
otherwise has no discreet gross lesion. The pulmonary vasculature is without note.

HEPATOBILIARY:
The 2260-gram liver has a smooth glistening capsule and a mildly blunted edge. The pale yellow-brown
parenchyma is soft and without discreet gross lesion. The hepatic vasculature is without note. The typically
positioned gallbladder contains an estimated 15 ml of green viscid bile without stone; the duct is patent.

RETICULOENDOTHELIAL:
The thymic remnant, purple-pink lymph nodes and 230-gram soft crepitant purple-red spleen are without
discreet gross lesion.

GASTROINTESTINAL:
The typically formed tongue, esophagus, gastroesophageal junction, serosal stomach and gastric mucosa are
without note. The gastric lumen contains an estimated 200 ml of yellow-green thick opaque fluid and includes a
partially digested pill. The gastric circumference has a well-healed 2 cm surgical band with the operative site
intact and without lesion. The small and large bowel are without significant gross lesion.

ENDOCRINE:
The pituitary, red-brown thyroid and bilateral adrenals are without note. The tan-pink lobulated pancreas has
mild marenchymal fibrosis with diffuse mild fatty infiltration.

GENITOURINARY:
The 190-gram right and 210 gram left kidney have smooth red-brown cortices and distinct corticomedullary
junctions. The pyramids and calyces are without note. The pelves contain no stone and drain freely to the
unobstructed ureters, which empty typically to the bladder. The urinary bladder contains an estimated 750 ml of
clear dark yellow urine. The urinary bladder mucosa is trabeculated and the bladder markedly grossly distended.
The bilateral epididymes and vasa defferentia are firm, but without additional discreet gross lesion. The tan-pink
prostate and bilateral testes are without discreet gross lesion.

NEUROLOGICAL:
The reflected scalp lacks galeal or subgaleal blood. The skull is without fracture. Epidural, subdural and
subarachnoid blood are absent. The dura matter is intact. The smooth glistening leptomeninges are translucent.
The 1420-gram brain has a distinct grey-white matter demarcation. The symmetric hemispheres are without
discreet gross lesion. The grey-white matter demarcation is distinct. The cerebellum and brainstem have no
additional external or tissue lesion. While the sinuses show inflammation consistent with acute sinusitis, the
typically coursing cerebral vasculature is without note.

MUSCULOSKELETAL:
The typically calcified axial and appendiceal skeleton are without lesion. The intact vertebrae, ribs, pelvis and
extremity long bones are without note.




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                                                                                                                     109
OTHER PROCEDURES:
     1.   Documentary photographs are obtained.
     2.   Blood, urine, bile, and vitreous are submitted for toxilogical analysis.
     3.   Blood is submitted for serological analysis, if necessary.
     4.   Head and body hair is submitted.
     5.   Clothing is submitted for volatile determination.

AUTOPSY FINDINGS:
At the time of death, this was a healthy adult male, suffering from acute sinusitis, but showing no natural cause
of death or antemortern traumatic injury. Toxicologic testing per report: Ethyl alcohol 0.13 g1100 ml; MDMA 7
mg/l; MDA 23 mg/l; and pseudoephedrine 2 mg/l.

OPINION:
Based upon the toxicology reports, this otherwise healthy 20-year-old male, Jason Richardson, died from an
overdose of MDMA. The dosage of 7 mg/l is an extremely high dosage, and would undoubtedly be lethal for
someone of Richardson's height and weight. The 23 mgll of MDA is consistent with this finding, as MDA is a
metabolite of MDMA, and would not be an additional substance ingested by Richardson. This amount of MDA
shows that the level of MDMA ingested was extremely high. The amounts of pseudoephedrine and of alcohol in
the blood are high in this case, but based the inordinate dosage of MDMA, would not have been factors in
Richardson's death, which was clearly caused by the lethal dosage of MDMA. Based upon the information
gleaned from the police investigation, this overdose was neither accidental nor self-inflicted.

MANNER OF DEATH:
Drug overdose.




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                       111
EXHIBIT #2: Official Lab Report – Jason Richardson

                                                Official Report
Division of Forensic Sciences                                                       Glenn Springs Regional Lab
South Carolina Bureau of Investigation                                                DOFS Case #2003-39546
State of South Carolina                                                                  Report Date 11/3/2006

Requested Service:           Toxicology-Postmortem
Agency:                      Glenn Springs Police Department
Requested by:                C. Knight

Case Subjects:
Suspects:                    Lane Miles                                 Victim: Jason Richardson
                             Shannon Phillips
                             Drew Harding

Evidence:
The laboratory received the following evidence for analysis from the submitting agency on 1 1/3/06 via lockbox:
         001      Sealed plastic bags containing the following items identified as collected from "Jason
                  Richardson"
         00lA     Tube(s) containing urine
         00lB     Tube(s) containing femoral blood
         001C Tube(s) containing chest blood

Results and Conclusions:
            Drug Screen Results by: Immunoassay

            Subm# Drug Screen Classification               Result
            001C blood-alcohol                             Indicative
                  blood-barbiturates                       Negative
                  blood-certain benzodiazepines            Negative
                  blood-cocaine/cocaine metabolites        Negative
                  blood-common opioids                     Negative

            Drug Confirmation Results
            Submission 00 1 C by: Gas chromatography/mass spectrometry sample is positive for 3,4-
                  methylenedioxyemethamnphetamine (MDMA) 7 mg/l
            Submission 00 1 C by: Gas chromatography/mass spectrometry sample is positive for 3,4-
                  methylenedioxynethylamphetamine( MDA) 23 mg/l
            Submission OOlC by: Gas chromatography/mass spectrometry sample is negative for certain basic
                  drugs, for example propoxyphene and oxycodone
            Submission 00 1 C by: Gas Chrornatography/mass spectrometry sample is positive for ethyl alcohol:
                  0.13 g/100 ml
            Submission 00 1 C by: Gas Chromotographylmass spectrometry sample is positive for
                  ephedrinelpseudoephredrine: 2 mg/l


                                                               Respectfully submitted,
                                                               Natasha Barnes
                                                               Natasha Barnes, Forensic Toxicologist




                                                                                                                112
EXHIBIT #3: 911 Phone Transcript


11-1-06 00:20 a.m.

Dispatch:       "Emergency 911. Is your emergency Police, Fire, or Medical?"

Caller 1:       “I'm at The Haunted House. Someone at the Halloween Party is on the floor
                in convulsions. We need an ambulance in a hurry."

Dispatch:       “I need your name and location, please.”

Caller 1:       “My name is Sam Barnes-Smith. Come quick.”

Dispatch:       "Can you confirm the address?"

Caller 1:       "I don't know the street number. It's The Haunted House. It’s on Hampton
                Drive."

Dispatch:       "Stay calm. I can't send anyone without an exact street number."

Caller 1:       (apparently to the dispatcher) "I don’t know the number. Oh, wait. I see
                Shannon coming down the stairs."

Caller 1:       (apparently to Shannon): "What is the exact address here? 911 says they
                can't send an ambulance without the exact address."

Caller 1:       (apparently to dispatcher): "S/he says it is at 270 Hampton Drive. You need
                to hurry."

Dispatch:       “EMS (Emergency Medical Service) 3, Prepare to copy.”

EMS 3:          “EMS 3. Go ahead dispatch.”

Dispatch:       “Report of a person having a seizure or unconscious at 270 Hampton Drive,
                no further information available at this time. Your incident number is 47-
                001110601.”

EMS 3:          “EMS 3 copies. We are in route to 270 Hampton Drive for report of person
                having a seizure or unconscious. We have an ETA (estimated time of
                arrival) of three minutes.”

Dispatch:       “Good copy.”



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                                                                                              113
Dispatch:   “GPD (Glendon University Police Department) 192, prepare to copy.”

GPD 192:    “GPD 192. Go ahead dispatch.”

Dispatch:   “Report of a person having a seizure or unconscious at 270 Hampton Drive,
            no further information available at this time. EMS is also en route. Your
            incident number is 47-001110601.”

GPD 192:    “GPD 192 copies. We are en route to 270 Hampton Drive for report of
            person having a seizure or unconscious. We copy EMS is also en route. We
            have an ETA of four minutes. Time is 00:22.”

Dispatch:   "I've dispatched police and EMS to 270 Hampton Drive, but it's a
            very long street. Do you know the nearest cross-street?"

Caller 1:   "We're near the intersection of Metropolitan Avenue. It's a big two-story
            house where all the cars will be. They can't miss it.”

Dispatch:   “OK, I just want you to stay on the line with me. We need to know what's
            going on."

Caller 1:   "OK."

Dispatch:   "Do you know the name of the individual who is having the convulsions?"

Caller 1:   "Yes, it's Jason Richardson."

Dispatch:   "Do you know whether Jason has any medical conditions? Is he
            epileptic? Does he take any anti-seizure medications?"

Caller 1:   "I don't know.”

Dispatch:   "Is Jason conscious?"

Caller 1:   "It doesn't look like he is. Hold on, I have a stethoscope. Let me see if he's
            breathing."

Dispatch:   "Do you hear anything with the stethoscope?"

Caller 1:   (frantically): "No, no, no. He's not breathing."

Dispatch:   "Do you know how to perform CPR?"



                                     2        3
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                                                                                             114
Caller 1:   "I think so; I took a First Aid course in high school. Oh, wait a minute.
            Here's Peyton. I'm going to try to do CPR. I'm going to hand the phone to
            Peyton."

GPD 192:    “Dispatch, GPD 192.”

Dispatch:   “Go ahead GPD 192.”

GPD 192:    “GPD 192 on scene.”

Dispatch:   “Copy. GPD 192 on scene at 00:26.”

EMS 3:      “Dispatch, EMS 3.”

Dispatch:   “Go ahead EMS 3.”

EMS 3:      “EMS 3 on scene.”

Dispatch:   “Copy. EMS 3 on scene at 00:26.”

Caller 2:   "Thank goodness, EMS is coming in the front door. Thank you. Thank you.
            I'm going now."




                                  3        3
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                                                                                        115
EXHIBIT #4: Photograph of the back of “The Haunted House”




                        Rear View of Residence
                          270 Hampton Drive
                     Glenn Springs, South Carolina



                                                            116
EXHIBIT #5: Diagram of First and Second Floors of “The Haunted House”



                                Front Porch




                                              Study


                                                  Sliding Glass Door
             Living Room




                                                  Closets

                                                  Bathroom
                 Dining        Butler’s
                 Room          Pantry




              Kitchen
                                                  Small Sitting
                                                    Room




             Back Deck
                                              270 Hampton Drive
                                                  First Floor




                                  1        2
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                                                                        117
               Lane’s                            Shannon’s
              Bedroom                             Bedroom



                               Upstairs Hall


                                                     Closet
                Closet
  Fire
Escape                             Drew’s
                Closet            Bedroom
 from
Second   Shared Bath
 Floor

                                                  Shannon’s
                                                  Bathroom




                                               Private Sun Deck




                                          270 Hampton Drive
                                            Second Floor




                              2        2
                       Page _____ of ______



                                                                  118
EXHIBIT #6: Photographs of Grim Reaper Costume



                   Grim Reaper
              Costume on model




                                  Components of
                                  Grim Reaper
                                  Costume




                                                  119
EXHIBIT #7: Glenn Springs Fingerprint Bureau Report


          GLENN SPRINGS POLICE DEPARTMENT
                 FORENSICS DIVISION
              IDENTIFICATION SECTION
                            FINGERPRINT BUREAU

                                     REPORT

ITEM(S) EXAMINED: (1)       Small vial and cap sealed in an evidence bag
                            recovered by Det. Knight from 270 Hampton Drive.
                      (2)   Red plastic cup sealed in an evidence bag
                            recovered by Det. Knight from 270 Hampton Drive.
                      (3)   Yellow paper (8 ½” by 11”) with one piece of clear plastic
                            tape affixed to top center sealed in an evidence bag marked
                            as recovered by Det. Knight from Room 326 Hinshaw
                            Dormitory Glendon University.

TYPE OF
EXAMINATION:          Latent fingerprint analysis.

RECOVERY:             Latent prints were lifted from the vial and compared to Fingerprint
                      Database. One partial print was lifted from the tape from the paper
                      and was compared to the Fingerprint Database. No usable prints
                      were found on cap. No usable prints were found on plastic cup.
                      No usable prints were found on the paper.

RESULTS:              After comparison to Fingerprint Database, sufficient points of
                      reference were found to make three positive identifications:
                      (1) A latent print lifted from the top portion of the vial was
                            matched to the known left thumbprint of Lane Miles.
                      (2) A latent print lifted from the central portion of the vial was
                            matched to the known right index finger of Shannon Phillips.
                      (3) Two latent prints lifted from the bottom portion of the vial
                            were matched to the right thumb and middle finger of
                            Detective Chris Knight.
                      (4) The partial latent print from the tape was matched to the
                            known right thumbprint of Lane Miles.


Signed:   Corp. Jimmy Dean                             Date:      11/5/06
          Corporal Jimmy Dean




                                                                                            120
EXHIBIT #8: Official Toxicology Report – Evidence

                                     Official Report
Division of Forensic Sciences                            Glenn Springs Regional Lab
South Carolina Bureau of Investigation                   DOFS Case #2006-39546
State of South Carolina                                  Report Date 11/3/2006

Requested Service:   Toxicology
Agency:              Glenn Springs Police Department
Requested by:        C. Knight

Case Subjects:
       Suspects:     Lane Miles
                     Shannon Phillips
                     Drew Harding
       Victim:       Jason Richardson

Evidence:
      The laboratory received the following evidence for analysis from the submitting
      agency on 11/3/06 via lockbox:
      002 Sealed plastic bags containing the following items identified as collected from
             270 Hampton Drive
      002A crushed red plastic cup containing liquid residue
      002B glass vial containing powder residue

Results and Conclusions:
       Drug Confirmation Results
       Submission 002A by: Gas chromatography/mass spectrometry
            sample is positive for 3,4-methylenedioxyemethamphetamine(M DMA) 28 mg/

       Submission 002A by: Gas chromatography/mass spectrometry
           sample is negative for certain basic drugs, propoxyphene and
           oxycodone

       Submission 002A by: Gas Chromatography/mass spectrometry
           sample is positive for ethyl alcohol

       Submission 002A by: Gas Chromatography/mass spectrometry
           sample is negative for ephedrine/pseudoephedrine

       Submission 002B by: Gas chromatography/mass spectrometry
           sample is positive for 3,4-methylenedioxyemetharnphetarnine (MDMA) 28 mg




                                      1        2
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                                                                                            121
Submission 002B by: Gas Chromatography/mass spectrometry
    sample is negative for certain basic drugs, propoxyphene and
    oxycodone

Submission 002B by: Gas Chromatography/mass spectrometry
    sample is negative for ethyl alcohol

Submission 002B by: Gas Chromatographylmass spectrometry
    sample is negative for ephedrine/pseudoephedrine

                                   Respectfully submitted,
                                      Natasha Barnes
                                   Natasha Barnes, Forensic Toxicologist




                              2        2
                       Page _____ of ______


                                                                           122
EXHIBIT #9: Halloween Party Invitation with Fingerprint on Tape




 Stay
 until the
 clock
 strikes
 midnight                at
 for you                       The
 know
 who!



                 October                                          S     us
                                                                BN camp
                 31
                                                              6
                         st                              3 1-0     o ff
                                                                    –
                                                   10-
                                                             ,L ane
                                              E:
                                                     M   iles

                 9pm
                                          D AT
                                               S P.:
                                            RE




                                                                             123
EXHIBIT #10: Photograph of Glass Vial




    View #1: 4” clear glass vial with ¾” red plastic stopper (stopper in)




   View #2: 4” clear glass vial with ¾” red plastic stopper (stopper out)


                                                                            124
EXHIBIT #11: Photograph of Red Plastic “Solo” Brand Cup




        View #1: 4”; 10 oz. Red plastic “Solo” brand cup, crushed




                                                                    125
EXHIBIT #12: Charges for Shannon Phillips

                  IN THE SUPERIOR COURT OF GLENDON COUNTY
                           STATE OF SOUTH CAROLINA
Count One:        Violation of the South Carolina Controlled Substances Act
Count Two:        Furnishing Alcohol to Minors
THE GRAND JURORS selected, chosen and sworn for the County of Glendon, to wit:
1.   Betty Higdon                   8.    Catherine Hills                15.   Stewart Gordon
2.   Billy Deer                     9.    Rick Saber                     16.   Melinda Bodnars
3.   Jimmy Rosebaron                10.   Sandy Curley                   17.   Michelle Cash
4.   Ashley Downs                   11.   Leanne Butler                  18.   Sandy Loew
5.   Gary Smith                     12.   Julie Turner                   19.   Holly McDaniel
6.   Linda Bridges                  13.   Terry Tuttle                   20.   Rita Pruitt
7.   Carolyn Bakersfield            14.   Linda Spavinaw                 21.   Patricia Perry

Count One
In the name of and on behalf of the citizens of South Carolina, charge and accuse Shannon Phillips
with the offense of Violation of the South Carolina Controlled Substances Act for that the said
Shannon Phillips, on November 1, 2006, did unlawfully and intentionally possess a controlled
substance, to wit: methylene dioxymethamphetamine contrary to the laws of the State of South
Carolina, the good order, peace and dignity thereof.
Count Two
In the name of and on behalf of the citizens of South Carolina, charge and accuse Shannon Phillips
with the offense of Furnishing Alcohol to Minors for that the said Shannon Phillips, on November 1,
2006, did unlawfully and intentionally furnish alcoholic beverages in that s/he did host a party with
many minors present and make alcoholic beverages available to all guests contrary to the laws of the
State of South Carolina, the good order, peace and dignity thereof.


TRUE BILL                                                Filed in office this 10th day of
December 10, 2006                                        December 2006

Betty Higdon                                             Lisa Dillon
Foreperson                                               (Deputy) Clerk, Superior Court
                                                         Of Glendon County, South Carolina

Defendant on   Jan. 5, 2007, being in open court, pleads Guilty
Tavlor Phillips                                          Dewey Cheatam
                                                         Defendant's Attorney
Davis Stoops
Prosecuting Attorney

                                          1        3
                                   Page _____ of ______

                                                                                                        126
                IN THE SUPERIOR COURT OF GLENDON COUNTY
                         STATE OF SOUTH CAROLINA

STATE OF SOUTH CAROLINA              )
                                     )
vs.                                  )      Case Number: CF-2006-101
                                     )      Charges:    VGCSA,
                                     )                  Furnishing Alcohol
Shannon Phillips,                    )                  to Minors
                Defendant.           )
                                     )

                             State's Motion to Nolle Prosequi

COMES NOW the State or South Carolina by and through the undersigned prosecuting
attorney and moves this Honorable Court to enter a Nolle Prosequi to Count Two of above
referenced indictment number. In support of this Motion the State shows the following:
Defendant has plead guilty to Count One pursuant to a negotiated plea. Therefore, the State
prays that the Court enter a Nolle Prosequi to Count Two of the above-referenced indictment
number.

This 5th day of January, 2007.

 Davis Stoops
Prosecuting Attorney


                   Order Granting State's Motion to Nolle Prosequi

After considering the State's Motion to Nolle Prosequi Count Two of the above referenced
indictment upon the entrance by the defendant of a negotiated plea of guilty to Count One,
said motion is hereby GRANTED.

So Ordered this 5th day of January, 2007.


 S. Murdock
Judge, Glendon Superior Court




                                        2        3
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                                                                                              127
                IN THE SUPERIOR COURT OF GLENDON COUNTY
                         STATE OF SOUTH CAROLINA

STATE OF SOUTH CAROLINA             )
                                    )
vs.                                 )       Case Number: CF-2006-101
                                    )       Charges:    VGCSA,
                                    )                   Furnishing Alcohol
Shannon Phillips,                   )                   to Minors
                Defendant.          )
                                    )

                                         Sentence

Whereas the Defendant in the above-stated case has plead guilty to the offense stated
herein, it is considered, ordered and adjudged by the Court that the defendant pay a fine
of $1,000.00 and be confined for a period of 5 years with the South Carolina Department of
Corrections provided that said confinement shall be probated on the conditions set out in
the Order of Probation and upon the condition that the defendant shall provide complete
and truthful testimony in the case of the State of South Carolina vs. Lane Miles.

So Ordered this 5th day of January, 2007.


 S. Murdock
Judge, Glendon Superior Court




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                                                                                             128
EXHIBIT #13: Glenn Springs Incident Report




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                       130
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                       131
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                       132
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                       133
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                       134
JURY INSTRUCTIONS




                    135
                                   PRELIMINARY CHARGE

       What I will now say is intended to serve as an introduction to the trial of this case.

These remarks are not a charge on the law in this case. I will instruct you on the law

applicable to this case at the end of the trial before you retire to consider your verdict. This

is merely an explanation of the procedure that we will follow in the trial of this case so that

you may better understand what may be happening.



       The defendant is charged by an indictment filed in this court with the crimes of 1)

Murder, and 2) Distribution of a Category I Controlled Substance - the elements of which

will be explained to you later.



       The indictment is simply the charge by which the case is brought into court, and it is

not, in any sense, evidence of any of the allegations it contains. The defendant has pled

"not guilty" to this indictment. The state, therefore, has the burden of proving each of the

elements of the crime[s] charged in the indictment beyond a reasonable doubt. And it will

be your duty, ladies and gentlemen, to decide whether the state has met that burden.



       Your purpose as jurors is to find and determine the facts. You are the sole judge of

the facts. If at any time I make any comment regarding the facts, you must disregard it.



       You are to determine the facts from the testimony you hear and the other evidence

introduced in court. It is up to you to determine the inferences which you feel may properly

be drawn from the evidence.




                                                                                                   135
        It is especially important that you perform your duty of determining the facts diligently

and conscientiously, because ordinarily there is no way to correct an erroneous

determination of the facts by a jury.



        On the other hand, and with equal emphasis, the same law that makes you the

judges of the facts makes me the judge of the law. The law as given by the court is the only

law you may consider. You must accept and follow it even though you may disagree with it.

I cannot tell you what the facts are, and you cannot disagree with me about what the law is

or should be. Your job is to take the law as i give it to you and apply it to the facts as you

find them from the testimony of the witnesses and any other evidence that is introduced.

After doing that, you will render your verdict, a true and just verdict under the solemn oath

that you just took as jurors.



        It is important that you keep an open mind and not decide any issue in the case until

all of the evidence has been presented, the parties have made their closing arguments, and

i have instructed you on the law in this case.



        It is your solemn responsibility to determine the guilt or innocence of the defendant,

and your verdict must be based solely on the evidence as it is presented to you in this trial

and on the law as i instruct you during and at the close of the trial.



        Now, in just a moment, the solicitor will make what is called an "opening statement"

in which the solicitor will explain to you the issues in this case or, at least, what the solicitor

thinks the issues are in this case. The attorney for the defendant may also make an

opening statement, although he [she] is not required to do so. What the attorneys tell you




                                                                                                      136
during their opening statements is not evidence in this case, it is only their contention as to

what the issues are.



       The evidence in this case will be presented to you by the testimony of sworn

witnesses from this witness stand and/or by exhibits that may be introduced into evidence.



       In determining what the true facts are in this case, you must decide whether or not

the testimony of the witnesses is believable. It will be my responsibility to rule as a matter of

law as to whether certain testimony is admissible at all or not. But once the testimony is

admitted, whether or not you believe it is solely for you to determine.



       In deciding whether to believe a witness, you have the right to consider the interest

of any witness, the bias of any witness, the prejudice of any witness, the opportunity for the

witness to have seen the matters and things about which the witness may testify, and the

way the witness acts on the witness stand.



       You have a right to consider anything that is in the record that will help you evaluate

the testimony of the witnesses. That means that it is your duty to pay close attention to

these witnesses, to observe the witnesses, to listen to the witnesses, and to pay close

attention to the attorneys and to the court. Don't let your thoughts wander, but give strict

attention to the testimony in this case, so that at the end of all the testimony, after the

arguments of counsel and the charge on the law by the court, you will then be in a position

to determine what the true facts are and to apply the law to those facts, and thus render a

true and just verdict.



       We will now begin the trial.


                                                                                                  137
                        JURY INSTRUCTIONS FOR DELIBERATIONS:

                               PRESUMPTION OF INNOCENCE

         The defendant has pled not guilty to this indictment, and that plea puts the burden on
the state to prove the defendant guilty. A person charged with committing a criminal offense
in this state is never required to prove himself innocent.


         I charge you that it is an important rule of the law that the defendant in a criminal
trial, no matter what the seriousness of the charge may be, will always be presumed to be
innocent of the crime for which the indictment was issued unless guilt has been proven by
evidence satisfying you of that guilt beyond a reasonable doubt. This presumption of
innocence does not end when you begin your deliberations, but it accompanies the
defendant throughout the trial until you reach a verdict of guilt based on evidence satisfying
you of that guilt beyond a reasonable doubt.


         The presumption of innocence is like a robe of righteousness placed about the
shoulders of the defendant which remains with the defendant until it has been stripped from
the defendant by evidence satisfying you of the defendant’s guilt beyond a reasonable
doubt.


         The presumption of innocence is not mere legal theory. It is not just a legal phrase.
It is a substantial right to which every defendant is entitled unless you, the jury, are satisfied
from the evidence of the defendant’s guilt beyond a reasonable doubt.




                                                                                                     138
                                    REASONABLE DOUBT

       The state has the burden of proving the defendant guilty beyond a reasonable doubt.
Some of you may have served as jurors in civil cases, where you were told that it is only
necessary to prove that a fact is more likely true than not true, such as by the greater weight
or preponderance of the evidence. In criminal cases, the state’s proof must be more
powerful than that. It must be beyond a reasonable doubt.


       Proof beyond a reasonable doubt is proof that leaves you firmly convinced of the
defendant’s guilt. There are very few things in this world that we know with absolute
certainty, and in criminal cases the law does not require proof that overcomes every
possible doubt. If, based on your consideration of the evidence, you are firmly convinced
that the defendant is guilty of the crime charged, you must find the defendant guilty. If on
the other hand, you think there is a real possibility that the defendant is not guilty, you must
give the defendant the benefit of the doubt and find him [her] not guilty.




                                           MURDER


       The defendant is charged with murder. "Murder" is the killing of any person with
malice aforethought, either express or implied. Therefore, in order to convict the defendant
of murder, the state must prove beyond a reasonable doubt that the defendant killed another
person with malice aforethought.


       Malice is hatred, ill-will, or hostility towards another person. It is the intentional doing
of a wrongful act without just cause or excuse and with an intent to inflict an injury or under
circumstances where the law will infer an evil intent.


       Malice aforethought does not require that malice exists for any particular time before
the act is committed, but malice must exist in the mind of the defendant just before and at
the time of the act is committed.


       Malice aforethought may be express or inferred. These terms, “express” and
“inferred” do not mean different kinds of malice but merely the manner in which malice may
be shown to exist. That is either by direct evidence or by inference from the facts and


                                                                                                      139
circumstances which are proved. Express malice is shown when a person speaks words
which express hatred or ill will for another or when the person prepared beforehand to do
the act which was later accomplished; for example, lying in wait for a person or any other
acts of preparation going to show that the deed was within the defendant’s mind would be
express malice.


       Malice may be inferred from conduct showing a total disregard for human life.
Inferred malice may also arise when the deed is done with a deadly weapon. A deadly
weapon is any article, instrument, or substance which is likely to cause death or great bodily
harm. Whether an instrument has been used as a deadly weapon depends on the facts and
circumstances of each case.


       Inferred malice may also arise from conduct which amounts to the commission of an
inherently dangerous felony. This is known as the Felony Murder rule. A felony is inherently
dangerous if it poses a natural or probable risk of death or serious bodily harm that was
reasonably foreseeable by the defendant.




                             INVOLUNTARY MANSLAUGHTER

       You are allowed to consider whether the defendant is guilty of the lesser-included
offense of involuntary manslaughter.


       To prove involuntary manslaughter, the state must prove beyond a reasonable doubt
that the defendant unintentionally killed the victim without malice, but while engaged in an
unlawful activity not naturally tending to cause death or great bodily harm or that the
defendant unintentionally killed the victim without malice, while engaged in a lawful activity
with reckless disregard for the safety of others.


       Unintentional means that the defendant did not intend for anyone to be killed or
seriously injured.


       Reckless disregard for the safety of others is more than mere negligence or
carelessness. Mere negligence or carelessness is the failure to use the care that a person
of ordinary reason would use under the same circumstances. Recklessness is a conscious


                                                                                                 140
failure to use ordinary care. Reckless disregard for the safety of others means that you are
not interested in the consequences of your acts or the rights and safety of others


       If a person who knows, or should know, that ordinary care requires certain
precautions be taken for the safety of others when using a dangerous instrumentality, such
as a gun or car, but that person fails to use those precautions without concern, the person’s
actions are considered reckless.




                                    PROXIMATE CAUSE

       The state must also prove beyond a reasonable doubt that the defendant’s act was
the proximate cause of death.


       Proximate cause is the direct cause; it is the immediate cause; it is the efficient
cause; it is that cause without which the death of the victim would not have resulted. There
must be a chain of causation from the time of the injury inflicted by the defendant until the
time of the victim’s death. Proximate cause does not necessarily mean the injury inflicted by
the defendant must have occurred immediately prior to death.


       There may be more than one proximate cause. The acts of two or more persons
may combine together to be a proximate cause of the death of a person. The defendant's
act may be regarded as the proximate cause if it is a contributing cause of the death of the
victim. The fact that other causes also contribute to the death of the victim does not relieve
the defendant from responsibility. The defendant's act need not be the sole cause of the
death, but must be a proximate cause contributing to the death of the victim.




                                                                                                 141
             UNLAWFUL DISTRIBUTION OF A CONTROLLED SUBSTANCE

       The defendant is charged with the unlawful distribution of the drug methylene-
dioxymethamphetamine, which is a controlled substance classified under Schedule I (also
known as Category I) under the laws of our state.
       In order to convict the defendant of this offense, the state must prove beyond a
reasonable doubt that the defendant distributed methylene-dioxymethamphetamine.
       DISTRIBUTE means to deliver a drug other than by administering or dispensing it in
accordance with a lawful prescription.
       DELIVER means to actually, constructively, or attempt to transfer a drug.
       A transfer can involve an exchange for money, a barter, or a gift. There does not
have to be anything given in exchange for the drugs for a transfer to constitute distribution.




[MOCK TRIAL NOTE: The Defendant in this case has not been charged with
Conspiracy. This jury charge is included for informational purposes only.]

                                  Conspiracy - § 16-17-410

      The defendant is charged with conspiracy. The state must prove beyond a
reasonable doubt that the defendant combined with one or more persons for the purpose of
committing an unlawful act or of committing a lawful act by unlawful means.

      There must be a mutual understanding, agreement, or common intention and plan.
Mere passive knowledge of or consent to the criminal conduct of another is not enough to
make a person a conspirator. There must be guilty knowledge and participation.

        Similarly, the mere fact that the defendant may have associated with another person
or met with another person and discussed common aims and interests does not necessarily
establish proof of the existence of a conspiracy or that the defendant was involved in a
conspiracy.

         On the other hand, it is not necessary that the agreement be a formal one, that it be
in writing, that the persons hold a meeting and expressly state the terms of the common
plan, or that the agreement be stated in words between them. The agreement of a criminal
conspiracy may come into being through an implied, mutual understanding. The willful,
intentional, and knowing adoption by two or more persons of a common plan is sufficient.
No overt acts need to be shown to establish a conspiracy. A conspiracy may be shown by
circumstantial evidence and the conduct of the parties.

       In order to convict the defendant of conspiracy, the state must prove beyond a
reasonable doubt not only that defendant knew of the unlawful conduct, but that the
defendant agreed to combine with the other person(s) for the purpose of accomplishing the
unlawful conduct.


                                                                                                 142
TAB INSERT: Glossary




                       143
Glossary of Law-Related Terms:*
This glossary defines a number of legal terms in common use that generally are not
understood. The following definitions are not legal definitions of these terms. Most of them
have very definite legal meanings that vary from one state to another. These are merely
plain-English definitions intended to give you a general idea of the meanings.



A
Abstract of Title: A chronological                               Ad Litem: A Latin term meaning for the
summary of all official records and                              purposes of the lawsuit. For example, a
recorded documents affecting the title to                        guardian “ad litem” is a person appointed
a parcel of real property.                                       by the court to protect the interests of a
                                                                 minor or legally incompetent person in a
Accomplice: 1. A partner in a crime. 2. A                        lawsuit.
person who knowingly and voluntarily
participates with another in a criminal                          Administrator: 1. One who administers
activity.                                                        the estate of a person who dies without a
                                                                 will. 2. A court official.
Acknowledgment: 1. A statement of
acceptance of responsibility. 2. The short                       Admissible evidence: Evidence that can
declaration at the end of a legal paper                          be legally and properly introduced in a
showing that the paper was duly                                  civil or criminal trial.
executed and acknowledged.
                                                                 Admonish: To advise or caution. For
Acquit: To find a defendant not guilty in a                      example the Court may caution or
criminal trial.                                                  admonish counsel for wrong practices.

Action: Case, cause, suit, or controversy                        Adversary System: The trial method
disputed or contested before a court of                          used in the U.S. and some other
justice.                                                         countries. This system is based on the
                                                                 belief that truth can best be determined
Additur: An increase by a judge in the                           by giving opposing parties full opportunity
amount of damages awarded by a jury.                             to present and establish their evidence,
                                                                 and to test by cross-examination the
Adjourn: to suspend until a later stated                         evidence presented by their adversaries.
time                                                             All this is done under the established
                                                                 rules of procedure before an impartial
Adjudication: Giving or pronouncing a                            judge and/or jury.
judgment or decree. Also the judgment
given.                                                           Affiant: A person who makes and signs
                                                                 an affidavit.


* This Glossary of Terms was compiled by the Nation Association for Court Managers (NACM) Trial Court Management
Committee (Cameron Burke (chair), Gilbert Austin, Ed Brekke, Mary Majich Davis, John Dunmire, Marsha Edwards, John
Ferry Jr., Charles Foster, Paul Kuntz, Dottie McDonald, Elena Marino, Dennis Metrick, David Egar, Dennis Morgan, Jaci
Morgan, Todd Nuccio, Yvonne Pettus, Jack Provo, Dale Stockley, Harvey Solomon, Jennifer Wenger, Nora Wilcher,
Yolande Williams, Robert Zastany). NACM extends its appreciation to the American Bar Association, the Administrative
Office of the U.S. Courts, The Washington State Administrative Office of the Courts, and the Idaho State Administrative
Office of the Courts for permission to use some of their excellent material. NACM, 300 Newport Avenue, Williamsburg, VA
23185; Phone: (757) 259-1841; Web site: www.nacmnet.org.


                                                                                                                          143
      Affidavit: written statements of the facts   appellant.
      made voluntarily and sworn to usually in
      the presence of a notary or other person     Appearance: 1. The formal proceeding
      authorized to administer oaths               by which a defendant submits to the
                                                   jurisdiction of the court. 2. A written
      Affirmative Defense: Without denying         notification to the plaintiff by an attorney
      the charge, the defendant raises             stating that he or she is representing the
      circumstances such as insanity, self-        defendant.
      defense, or entrapment to avoid civil or
      criminal responsibility.                     Appellate court: A court having
                                                   jurisdiction to hear appeals and review a
      Affirmed: In the practice of appellate       trial court’s procedure.
      courts, the word means that the decision
      of the trial court is correct.               Appellee (ap-e-le’): The party against
                                                   whom an appeal is taken. Sometimes
      Aid and Abet: To actively, knowingly or      called a respondent.
      intentionally assist another person in the
      commission or attempted commission of        Arbitration: A form of alternative dispute
      a crime.                                     resolution in which the parties bring their
                                                   dispute to a neutral third party and agree
      Allegation: A statement of the issues in a   to abide by his or her decision. In
      written document (a pleading) which a        arbitration there is a hearing at which
      person is prepared to prove in court. For    both parties have an opportunity to be
      example, an indictment contains              heard.
      allegations of crimes against the
      defendant.                                   Arraignment: A proceeding in which an
                                                   individual who is accused of committing a
      Alternative Dispute Resolution: Settling     crime is brought into court, told of the
      a dispute without a full, formal trial.      charges, and asked to plead guilty or not
      Methods include mediation, conciliation,     guilty. Sometimes called a preliminary
      arbitration, and settlement, among others.   hearing or initial appearance.

      Amicus Curiae (a-mi’kus ku’ri-e): A          Arrest: To take into custody by legal
      friend of the court. One not a party to a    authority.
      case who volunteers to offer information
      on a point of law or some other aspect of    Assault: Threat to inflict injury with an
      the case to assist the court in deciding a   apparent ability to do so. Also, any
      matter before it.                            intentional display of force that would give
                                                   the victim reason to fear or expect
      Answer: The defendant’s response to the      immediate bodily harm.
      plaintiffs allegations as stated in a
      complaint. An item-by-item, paragraph-       At Issue: The time in a lawsuit when the
      by-paragraph response to points made in      complaining party has stated their claim
      a complaint; part of the pleadings.          and the other side has responded with a
                                                   denial and the matter is ready to be tried.
      Appeal: A request made after a trial,
      asking another court (usually the court of   Attachment: Taking a person’s property
      appeals) to decide whether the trial was     to satisfy a court-ordered debt.
      conducted properly. To make such a
      request is “to appeal” or “to take an
      appeal.” One who appeals is called the

144                                                                                               144
Attorney-at-Law: An advocate, counsel,         released from or “discharged” from their
or official agent employed in preparing,       debts, perhaps by paying a portion of
managing, and trying cases in the courts.      each debt. Bankruptcy judges preside
                                               over these proceedings. The person with
Attorney-in-Fact: A private person (who        the debts is called the debtor and the
is not necessarily a lawyer) authorized by     people or companies to whom the debtor
another to act in his or her place, either     owes money to are called creditors.
for some particular purpose, as to do a
specific act, or for the transaction of        Bar: 1. Historically, the partition
business in general, not of legal              separating the general public from the
character. This authority is conferred by      space occupied by the judges, lawyers,
an instrument in writing, called a letter of   and other participants in a trial. 2. More
attorney, or more commonly a power of          commonly, the term means the whole
attorney.                                      body of lawyers.

Attorney of Record: The principal              Bar Examination: A state examination
attorney in a lawsuit, who signs all formal    taken by prospective lawyers in order to
documents relating to the suit.                be admitted and licensed to practice law.

Authentic: Genuine; true; having the           Battery: A beating, or wrongful physical
character and authority of an original.        violence. The actual threat to use force is
                                               an assault; the use of it is a battery, which
                                               usually includes an assault.


B
Bail: Money or other security (such as a
                                               Bench: The seat occupied by the judge.
                                               More broadly, the court itself.

bail bond) provided to the court to            Bench Trial: Trial without a jury in which
temporarily allow a person’s release from      a judge decides the facts.
jail and assure their appearance in court.
“Bail” and “bond” are often used               Bench Warrant: An order issued by a
interchangeably.                               judge for the arrest of a person.

Bail Bond: An obligation signed by the         Beneficiary: Someone named to receive
accused to secure his or her presence at       property or benefits in a will. In a trust, a
the trial. This obligation means that the      person who is to receive benefits from the
accused may lose money by not properly         trust.
appearing for the trial. Often referred to
simply as bond.                                Bequeath: To give a gift to someone
                                               through a will.
Bailiff: A court attendant who keeps
order in the courtroom and has custody of      Bequests: Gifts made in a will.
the jury.
                                               Best Evidence: Primary evidence; the
Bankruptcy: Refers to statutes and             best evidence available. Evidence short
judicial proceedings involving persons or      of this is “secondary.” That is, an original
businesses that cannot pay their debts         letter is “best evidence,” and a photocopy
and seek the assistance of the court in        is “secondary evidence.”
getting a fresh start. Under the protection
of the bankruptcy court, debtors may be



                                                                                               145
      Beyond a Reasonable Doubt: The
      standard in a criminal case requiring that
      the jury be satisfied to a moral certainty
      that every element of a crime has been
                                                         C
                                                         Capital crime: A crime punishable by
      proven by the prosecution. This standard           death.
      of proof does not require that the state
      establish absolute certainty by eliminating        Calendar: List of cases scheduled for
      all doubt, but it does require that the            hearing in court.
      evidence be so conclusive that all
      reasonable doubts are removed from the             Caption: The heading on a legal
      mind of the ordinary person.                       document listing the parties, the court, the
                                                         case number, and related information.
      Bill of Particulars: A statement of the
      details of the charge made against the             Case Law: Law established by previous
      defendant.                                         decisions of appellate courts, particularly
                                                         the Supreme Court.
      Bind Over: To hold a person for trial on
      bond (bail) or in jail. If the judicial official   Cause: A lawsuit, litigation, or action. Any
      conducting a hearing finds probable                question, civil or criminal, litigated or
      cause to believe the accused committed             contested before a court of justice.
      a crime, the official will bind over the
      accused, normally by setting bail for the          Cause of action: The facts that give rise
      accused’s appearance at trial.                     to a lawsuit or a legal claim.
      Booking: The process of photographing,             Caveat: A warning; a note of caution.
      fingerprinting, and recording identifying
      data of a suspect. This process follows            Certification: 1. Written attestation. 2.
      the arrest.                                        Authorized declaration verifying that an
                                                         instrument is a true and correct copy of
      Brief: A written statement prepared by             the original.
      one side in a lawsuit to explain to the
      court its view of the facts of a case and          Certiorari: A means of getting an
      the applicable law.                                appellate court to review a lower court’s
                                                         decision. The loser of a case will often
      Burden of Proof: In the law of evidence,           ask the appellate court to issue a writ of
      the necessity or duty of affirmatively             certiorari, which orders the lower court to
      proving a fact or facts in dispute on an           convey the record of the case to the
      issue raised between the parties in a              appellate court and to certify it as
      lawsuit. The responsibility of proving a           accurate and complete. If an appellate
      point (the burden of proof) is not the             court grants a writ of certiorari, it agrees
      same as the standard of proof. Burden of           to take the appeal. This is often referred
      proof deals with which side must                   to as granting cert.
      establish a point or points; standard of
      proof indicates the degree to which the            Challenge: An objection, such as when
      point must be proven. For example, in a            an attorney objects at a hearing to the
      civil case the burden of proof rests with          seating of a particular person on a civil or
      the plaintiff, who must establish his or her       criminal jury.
      case by such standards of proof as a
      preponderance of evidence or clear and
      convincing evidence.



146                                                                                                     146
Challenge for Cause: Objection to the          or more persons on behalf of a larger
seating of a particular juror for a stated     group.
reason (usually bias or prejudice for or
against one of the parties in the lawsuit).    Clear and Convincing Evidence:
The judge has the discretion to deny the       Standard of proof commonly used in civil
challenge. This differs from peremptory        lawsuits and in regulatory agency cases.
challenge.                                     It governs the amount of proof that must
                                               be offered in order for the plaintiff to win
Chambers: A judge’s private office. A          the case.
hearing in chambers takes place in the
judge’s office outside of the presence of      Clemency or Executive Clemency: Act
the jury and the public.                       of grace or mercy by the president or
                                               governor to ease the consequences of a
Change of Venue: Moving a lawsuit or           criminal act, accusation, or conviction. It
criminal trial to another place for trial.     may take the form of commutation or
                                               pardon.
Charge to the Jury: The judge’s
instructions to the jury concerning the law    Closing Argument: The closing
that applies to the facts of the case on       statement, by counsel, to the trier of facts
trial.                                         after all parties have concluded their
                                               presentation of evidence.
Chief Judge: Presiding or Administrative
Judge in a court.                              Codicil (kod’i-sil): An amendment to a
                                               will.
Circumstantial Evidence: proof of a
chain of facts and circumstances               Commit: To send a person to prison,
indicating the existence of a fact. It is      asylum, or reformatory by a court order.
evidence which immediately establishes
collateral facts from which the main fact      Common Law:
may be inferred. Circumstantial evidence       The legal system that originated in
is based on inference and not on               England and now used in the majority of
personal knowledge or observation.             the states in the United States. It is based
                                               on judicial decisions rather than
Citation: 1. A reference to a source of        legislative action.
legal authority. 2. A direction to appear in
court, as when a defendant is cited into       Commutation: The reduction of a
court, rather than arrested.                   sentence, as from death to life
                                               imprisonment.
Civil Actions: Non-criminal cases in
which one private individual or business       Comparative Negligence: A legal
sues another to protect, enforce, or           doctrine by which acts of the opposing
redress private or civil rights.               parties are compared to determine the
                                               liability of each party to the other, making
Civil Procedure: The rules and process         each liable only for his or her percentage
by which a civil case is tried and             of fault. See also contributory negligence.
appealed, including the preparations for
trial, the rules of evidence and trial         Complainant: The party who complains
conduct, and the procedure for pursuing        or sues; one who applies to the court for
appeals.                                       legal redress. Also called the plaintiff.

Class Action: A lawsuit brought by one


                                                                                              147
      Complaint: The legal document that              Contributory Negligence: A legal
      usually begins a civil lawsuit. It states the   doctrine that says if the plaintiff in a civil
      facts and identifies the action the court is    action for negligence also was negligent,
      asked to take.                                  he or she cannot recover damages from
                                                      the defendant for the defendant’s
      Conciliation: A form of alternative             negligence. Most jurisdictions have
      dispute resolution in which the parties         abandoned the doctrine of contributory
      bring their dispute to a neutral third party,   negligence in favor of comparative
      who helps lower tensions, improve               negligence.
      communications, and explore possible
      solutions. Conciliation is similar to           Conviction: A judgment of guilt against a
      mediation, but it may be less formal.           criminal defendant.

      Concurrent Sentences: Sentences for             Corpus Delicti: Body of the crime. The
      more than one crime that are to be              objective proof that a crime has been
      served at the same time, rather than one        committed. It sometimes refers to the
      after the other. See also cumulative            body of the victim of a homicide or to the
      sentences.                                      charred shell of a burned house, but the
                                                      term has a broader meaning. For the
      Condemnation: The legal process by              state to introduce a confession or to
      which the government takes private land         convict the accused, it must prove a
      for public use, paying the owners a fair        corpus delicti, that is, the occurrence of a
      price.                                          specific injury or loss and a criminal act
                                                      as the source of that particular injury or
      Consecutive Sentences: Successive               loss.
      sentences, one beginning at the
      expiration of another, imposed against a        Corroborating Evidence:
      person convicted of two or more                 Supplementary evidence that tends to
      violations.                                     strengthen or confirm the initial evidence.

      Conservatorship: Legal right given to a         Counsel: Legal adviser; a term used to
      person to manage the property and               refer to lawyers in a case.
      financial affairs of a person deemed
      incapable of doing that for himself or          Counterclaim: A claim made by the
      herself. (See also guardianship.                defendant in a civil lawsuit against the
      Conservators have somewhat less                 plaintiff. In essence, a counter lawsuit
      responsibility than guardians.)                 within a lawsuit.

      Contempt of Court: Willful disobedience         Court Administrator/Clerk of Court: An
      of a judge’s command or of an official          officer appointed by the Court or elected
      court order.                                    to oversee the administrative, non-judicial
                                                      activities of the court.
      Continuance: Postponement of a legal
      proceeding to a later date.                     Court: Government entity authorized to
                                                      resolve legal disputes. Judges sometimes
      Contract: A legally enforceable                 use “court” to refer to themselves in the
      agreement between two or more                   third person, as in “the court has read the
      competent parties made either orally or in      briefs.”
      writing.




148                                                                                                    148
Court Costs: The expenses of                   law is or expresses the opinion of the
prosecuting or defending a lawsuit, other      court without the need for enforcement.
than the attorneys’ fees. An amount of
money may be awarded to the successful         Decree: An order of the court. A final
party (and may be recoverable from the         decree is one that fully and finally
losing party) as reimbursement for court       disposes of the litigation. An interlocutory
costs.                                         decree is a preliminary order that often
                                               disposes of only part of a lawsuit.
Court Reporter: A person who makes a
word-for-word record of what is said in        Defamation: That which tends to injure a
court and produces a transcript of the         persons reputation. Libel is published
proceedings upon request.                      defamation, whereas slander is spoken.

Credibility: believability; convinces you it   Default: A failure to respond to a lawsuit
is true.                                       within the specified time.

Cross-Claim: A claim by codefendant or         Default Judgment: A judgment entered
coplaintiffs against each other and not        against a party who fails to appear in
against persons on the opposite side of        court or respond to the charges.
the lawsuit.
                                               Defendant: In a civil case, the person
Cross-Examination: The questioning of          being sued. In a criminal case, the person
a witness produced by the other side.          accused of the crime.

Cumulative Sentences: Sentences for            De Novo: A new. A trial de novo is a new
two or more crimes to run consecutively,       trial of a case.
rather than concurrently.
                                               Deposition: a testimony given out of
Custody: Detaining of a person by lawful       court, but is recorded by a court reporter
process or authority to assure his or her      and has the same requirements for telling
appearance to any hearing; the jailing or      the truth as testifying in the courtroom. At
imprisonment of a person convicted of a        a deposition, attorneys for both sides are
crime.                                         present to question the witness while a
                                               stenographer records the testimony for
                                               later use in court.


D
Damages: Money awarded by a court to
                                               Descent and Distribution Statutes:
                                               State laws that provide for the distribution
                                               of estate property of a person who dies
a person injured by the unlawful act or        without a will. Same as intestacy laws.
negligence of another person.
                                               Directed Verdict: Now called Judgment
Decision: The judgment reached or              as a matter of Law. An instruction by the
given by a court of law.                       judge to the jury to return a specific
                                               verdict.
Declarant: Any person who makes a
statement.                                     Direct Evidence: Proof of facts by
                                               witnesses who saw acts done or heard
Declaratory Judgment: A judgment of            words spoken.
the court that explains what the existing



                                                                                              149
      Direct Examination: The first                  Due Process of Law: The right of all
      questioning of witnesses by the party on       persons to receive the guarantees and
      whose behalf they are called.                  safeguards of the law and the judicial
                                                     process. It includes such constitutional
      Disbarment: Form of discipline of a            requirements as adequate notice,
      lawyer resulting in the loss (often            assistance of counsel, and the rights to
      permanently) of that lawyer’s right to         remain silent, to a speedy and public trial,
      practice law. It differs from censure (an      to an impartial jury, and to confront and
      official reprimand or condemnation) and        secure witnesses.
      from suspension (a temporary loss of the
      right to practice law).

      Discovery: The pretrial process by which
      one party discovers the evidence that will
      be relied upon in the trial by the opposing
                                                     E
                                                     Elements of a Crime: Specific factors
      party.                                         that define a crime which the prosecution
                                                     must prove beyond a reasonable doubt in
      Dismissal: The termination of a lawsuit.       order to obtain a conviction. The
      A dismissal without prejudice allows a         elements that must be proven are (1) that
      lawsuit to be brought before the court         a crime has actually occurred, (2) that the
      again at a later time. In contrast, a          accused intended the crime to happen,
      dismissal with prejudice prevents the          and (3) a timely relationship between the
      lawsuit from being brought before a court      first two factors.
      in the future.
                                                     Eminent Domain: The power of the
      Dissent: To disagree. An appellate court       government to take private property for
      opinion setting forth the minority view and    public use through condemnation.
      outlining the disagreement of one or more
      judges with the decision of the majority       En Banc: All the judges of a court sitting
                                                     together. Appellate courts can consist of
      Diversion: The process of removing             a dozen or more judges, but often they
      some minor criminal, traffic, or juvenile      hear cases in panels of three judges. If a
      cases from the full judicial process, on the   case is heard or reheard by the full court,
      condition that the accused undergo some        it is heard en banc.
      sort of rehabilitation or make restitution
      for damages.                                   Enjoining: An order by the court telling a
                                                     person to stop performing a specific act.
      Docket: A list of cases to be heard by a
      court or a log containing brief entries of     Entrapment: A defense to criminal
      court proceedings.                             charges alleging that agents of the
                                                     government induced a person to commit
      Domicile: The place where a person has         a crime he or she otherwise would not
      his or her permanent legal home. A             have committed.
      person may have several residences, but
      only one domicile.

      Double Jeopardy: Putting a person on
      trial more than once for the same crime. It
      is forbidden by the Fifth Amendment to
      the U.S. Constitution.



150                                                                                                 150
Equal Protection of the Law: The               the individual name of a person at the
guarantee in the Fourteenth Amendment          time of the persons death. It does not
to the U.S. Constitution that all persons      include life insurance proceeds unless the
be treated equally by the law. Court           estate was made the beneficiary) or other
decisions have established that this           assets that pass outside the estate (like
guarantee requires that courts be open to      joint tenancy asset).
all persons on the same conditions, with
like rules of evidence and modes of            Estate Tax: Generally, a tax on the
procedure; that persons be subject to no       privilege of transferring property to others
restrictions in the acquisition of property,   after a person’s death. In addition to
the enjoyment of personal liberty, and the     federal estate taxes, many states have
pursuit of happiness, which do not             their own estate taxes.
generally affect others; that persons are
liable to no other or greater burdens than     Estoppel: A person’s own act, or
such as are laid upon others, and that no      acceptance of facts, which preclude his or
different or greater punishment is             her later making claims to the contrary.
enforced against them for a violation of
the laws.                                      Et al: And others.

Equity: Generally, justice or fairness.        Evidence: Information presented in
Historically, equity refers to a separate      testimony or in documents that is used to
body of law developed in England in            persuade the fact finder (judge or jury) to
reaction to the inability of the common-       decide the case for one side or the other.
law courts, in their strict adherence to
rigid writs and forms of action, to consider   Exempt Property: In bankruptcy
or provide a remedy for every injury. The      proceedings, this refers to certain
king therefore established the court of        property protected by law from the reach
chancery, to do justice between parties in     of creditors.
cases where the common law would give
inadequate redress. The principle of this      Exceptions: Declarations by either side
system of law is that equity will find a way   in a civil or criminal case reserving the
to achieve a lawful result when legal          right to appeal a judge’s ruling upon a
procedure is inadequate. Equity and law        motion. Also, in regulatory cases,
courts are now merged in most                  objections by either side to points made
jurisdictions.                                 by the other side or to rulings by the
                                               agency or one of its hearing officers.
Escheat ((es-chēt)): The process by
which a deceased person’s property goes        Exclusionary Rule: The rule preventing
to the state if no heir can be found.          illegally obtained evidence to be used in
                                               any trial.
Escrow: Money or a written instrument
such as a deed that, by agreement              Execute: To complete the legal
between two parties, is held by a neutral      requirements such as signing before
third party (held in escrow) until all         witnesses) that make a will valid. Also, to
conditions of the agreement are met.           execute a judgment or decree means to
                                               put the final judgment of the court into
Estate: An estate consists of personal         effect.
property (car, household items, and other
tangible items), real property, and            Executor: A personal representative,
intangible property, such as stock             named in a will, who administers an
certificates and bank accounts, owned in       estate.


                                                                                              151
      Exhibit: A document or other item            Fiduciary: A person having a legal
      introduced as evidence during a trial or     relationship of trust and confidence to
      hearing.                                     another and having a duty to act primarily
                                                   for the others benefit, e.g., a guardian,
      Exonerate: Removal of a charge,              trustee, or executor.
      responsibility or duty.
                                                   File: To place a paper in the official
      Ex Parte: On behalf of only one party,       custody of the clerk of court/court
      without notice to any other party. For       administrator to enter into the files or
      example, a request for a search warrant      records of a case.
      is an ex parte proceeding, since the
      person subject to the search is not          Finding: Formal conclusion by a judge or
      notified of the proceeding and is not        regulatory agency on issues of fact. Also,
      present at the hearing.                      a conclusion by a jury regarding a fact.

      Ex Parte Proceeding: The legal               Fraud: Intentional deception to deprive
      procedure in which only one side is          another person of property or to injure
      represented. It differs from adversary       that person in some other way.
      system or adversary proceeding.

      Ex Post Facto: After the fact. The
      Constitution prohibits the enactment of ex
      post facto laws. These are laws that
      permit conviction and punishment for a
                                                   G
                                                   Garnishment: A legal proceeding in
      lawful act performed before the law was      which a debtor’s money, in the
      changed and the act made illegal.            possession of another (called the
                                                   garnishee), is applied to the debts of the
      Extenuating Circumstances:                   debtor, such as when an employer
      Circumstances which render a crime less      garnishes a debtor’s wages. (not allowed
      aggravated, heinous, or reprehensible        in South Carolina)
      than it would otherwise be.
                                                   General Jurisdiction: Refers to courts
      Expungement: Official and formal             that have no limit on the types of criminal
      erasure of a record or partial contents of   and civil cases they may hear.
      a record.
                                                   Good Time: A reduction in sentenced
      Extradition: The process by which one        time in prison as a reward for good
      state or country surrenders to another       behavior. It usually is one third to one half
      state, a person accused or convicted of a    off the maximum sentence.
      crime in the other state.
                                                   Grand Jury: A body of persons sworn to
                                                   inquire into crime and if appropriate, bring
                                                   accusations (indictments) against the
                                                   suspected criminals.
      F
      Felony: A crime of a graver nature than a
                                                   Grantor or Settlor: The person who sets
                                                   up a trust.
      misdemeanor, usually punishable by
      imprisonment in a penitentiary for more
      than a year and/or substantial fines.



152                                                                                                152
Guardian: A person appointed by will or         Hung Jury: A jury whose members
by law to assume responsibility for             cannot agree upon a verdict.
incompetent adults or minor children. If a
parent dies, this will usually be the other
parent. If both die, it probably will be a
close relative.

Guardianship: Legal right given to a
                                                  I
                                                Incarcerate: To confine in jail.
person to be responsible for the food,
housing, health care, and other                 Immunity: Grant by the court, which
necessities of a person deemed                  assures someone will not face
incapable of providing these necessities        prosecution in return for providing
for himself or herself. A guardian also         criminal evidence.
may be given responsibility for the
person’s financial affairs, and thus            Impeachment of a Witness: An attack
perform additionally as a conservator.          on the credibility (believability) of a
(See also conservatorship.)                     witness, through evidence introduced for
                                                that purpose.

                                                Inadmissible: That which, under the
H
Habeas Corpus: A writ commanding that
                                                rules of evidence, cannot be admitted or
                                                received as evidence.

a person be brought before a judge. Most        In Camera: In chambers, or in private. A
commonly, a writ of habeas corpus is a          hearing in camera takes place in the
legal document that forces law                  judge’s office outside of the presence of
enforcement authorities to produce a            the jury and the public.
prisoner they are holding and to legally
justify his or her confinement.                 Independent Executor: A special kind of
                                                executor, permitted by the laws of certain
Harmless Error: An error committed              states, who performs the duties of an
during a trial that was corrected or was        executor without intervention by the court.
not serious enough to affect the outcome
of a trial and therefore was not sufficiently   Indeterminate Sentence: A sentence of
harmful (prejudicial) to be reversed on         imprisonment to a specified minimum and
appeal.                                         maximum period of time, specifically
                                                authorized by statute, subject to
Hearsay: Hearsay is a statement other           termination by a parole board or other
than one made by the witness testifying         authorized agency after the prisoner has
at the trial, offered in evidence to prove      served the minimum term.
that the matter asserted in the statement
is true.                                        Indictment: A written accusation by a
                                                grand jury charging a person with a
Hostile Witness: A witness whose                crime.
testimony is not favorable to the party
who calls him or her as a witness. A            Indigent: Needy or impoverished. A
hostile witness may be asked leading            defendant who can demonstrate his or
questions and may be cross-examined by          her indigence to the court may be
the party who calls him or her to the           assigned a court-appointed attorney at
stand.                                          public expense.



                                                                                              153
      Information: Accusatory document, filed       called charge.
      by the prosecutor, detailing the charges
      against the defendant. An alternative to      Intangible Assets: Nonphysical items
      an indictment, it serves to bring a           such as stock certificates, bonds, bank
      defendant to trial.                           accounts, and pension benefits that have
                                                    value and must be taken into account in
      In Forma Pauperis: In the manner of a         estate planning.
      pauper. Permission given to a person to
      sue without payment of court fees on          Interlocutory: Provisional; not final. An
      claim of indigence or poverty.                interlocutory order or an interlocutory
                                                    appeal concerns only a part of the issues
      Infraction: A violation of law not            raised in a lawsuit.
      punishable by imprisonment. Minor traffic
      offenses generally are considered             Interrogatories: Written questions asked
      infractions.                                  by one party in a lawsuit for which the
                                                    opposing party must provide written
      Inheritance Tax: A state tax on property      answers.
      that an heir or beneficiary under a will
      receives from a deceased person’s             Intervention: An action by which a third
      estate. The heir or beneficiary pays this     person who may be affected by a lawsuit
      tax.                                          is permitted to become a party to the suit.
                                                    Differs from the process of becoming an
      Initial Appearance: In criminal law, the      amicus curiae.
      hearing at which a judge determines
      whether there is sufficient evidence          Inter Vivos Gift: A gift made during the
      against a person charged with a crime to      giver’s life.
      hold him or her for trial. The Constitution
      bans secret accusations, so initial           Inter Vivos Trust: Another name for a
      appearances are public unless the             living trust.
      defendant asks otherwise; the accused
      must be present, though he or she             Intestacy Laws: See descent and
      usually does not offer evidence. Also         distribution statutes.
      called first appearance or arraignment.
                                                    Intestate: Dying without a will.
      Injunction: Writ or order by a court
      prohibiting a specific action from being      Intestate Succession: The process by
      carried out by a person or group. A           which the property of a person who has
      preliminary injunction is granted             died without a will passes on to others
      provisionally, until a full hearing can be    according to the state’s descent and
      held to determine if it should be made        distribution statutes. If someone dies
      permanent.                                    without a will, and the court uses the
                                                    state’s interstate succession laws, an heir
      In Propria Persona: Person who                who receives some of the deceased’s
      presents his or her own case in a court of    property is an intestate heir.
      law without the aid or assistance of a
      lawyer. See Pro Se.                           Irrevocable Trust: A trust that, once set
                                                    up, the grantor may not revoke.
      Instructions: Judge’s explanation to the
      jury before it begins deliberations of the
      questions it must answer and the
      applicable law governing the case. Also


154                                                                                               154
Issue: (1) The disputed point in a              Jurisdiction: (1) The legal authority of a
disagreement between parties in a               court to hear and decide a case.
lawsuit. (2) To send out officially, as in to   Concurrent jurisdiction exists when two
issue an order.                                 courts have simultaneous responsibility
                                                for the same case. (2) The geographic
                                                area over which the court has authority to
                                                decide cases.

J
Joint and Several Liability: A legal
                                                Jurisprudence: The study of law and the
                                                structure of the legal system.
doctrine that makes each of the parties
who are responsible for an injury, liable       Jury: Persons selected according to law
for all the damages awarded in a lawsuit        and sworn to inquire into and declare a
if the other parties responsible cannot         verdict on matters of fact. A petit jury is
pay.                                            an ordinary or trial jury, composed of six
                                                to 12 persons, which hears either civil or
Joint Tenancy: A form of legal co-              criminal cases.
ownership of property (also known as
survivorship). At the death of one co-          Jury Commissioner: The court officer
owner, the surviving co-owner becomes           responsible for choosing the panel of
sole owner of the property. Tenancy by          persons to serve as potential jurors for a
the entirety is a special form of joint         particular court term.
tenancy between a husband and wife.
                                                Justiciable: Issues and claims capable
Judge: An elected or appointed public           of being properly examined in court.
official with authority to hear and decide
cases in a court of law. A Judge Pro Tem
is a temporary judge.

Judgment: The final disposition of a
                                                L
                                                Lapsed Gift: A gift made in a will to a
lawsuit. Default judgment is a judgment
rendered because of the defendant’s             person who has died prior to the will-
failure to answer or appear. Summary            makers death.
judgment is a judgment given on the
basis of pleadings, affidavits, and exhibits    Larceny: Obtaining property by fraud or
presented for the record without any need       deceit.
for a trial. It is used when there is no
dispute as to the facts of the case and         Law: The combination of those rules and
one party is entitled to a judgment as a        principles of conduct promulgated by
matter of law. Consent judgment occurs          legislative authority, derived from court
when the provisions and terms of the            decisions and established by local
judgment are agreed on by the parties           custom.
and submitted to the court for its sanction
and approval.                                   Law Clerks: Persons trained in the law
                                                who assist judges in researching legal
Judicial Review: The authority of a court       opinions.
to review the official actions of other
branches of government. Also, the
authority to declare unconstitutional the
actions of other branches.



                                                                                              155
      Leading Question: A question that             and civil cases they may hear. For
      suggests the answer desired of the            example, traffic violations generally are
      witness. A party generally may not ask        heard by limited jurisdiction courts.
      one’s own witness leading questions.
      Leading questions may be asked only of        Litigant: A party to a lawsuit. Litigation
      hostile witnesses and on cross-               refers to a case, controversy, or lawsuit.
      examination.
                                                    Living Trust: A trust set up and in effect
      Legal Aid: Professional legal services        during the lifetime of the grantor. Also
      available usually to persons or               called inter vivos trust.
      organizations unable to afford such
      services.

      Leniency: Recommendation for a
      sentence less than the maximum
      allowed.
                                                    M
                                                    Magistrate: Judicial officer exercising
                                                    some of the functions of a judge. It also
      Letters of Administration: Legal              refers in a general way to a judge.
      document issued by a court that shows
      an administrator’s legal right to take        Malfeasance: Evil doing, ill conduct; the
      control of assets in the deceased             commission of some act which is
      person’s name.                                positively prohibited by law.
      Letters of Appointment: Legal                 Malicious Prosecution: An action
      document issued by a court that shows         instituted with intention of injuring the
      an executor’s legal right to take control     defendant and without probable cause,
      of assets in the deceased person’s            and which terminates in favor of the
      name.                                         person prosecuted.
      Liable: Legally responsible.                  Mandamus: A writ issued by a court
                                                    ordering a public official to perform an
      Libel: Published words or pictures that       act.
      falsely and maliciously defame a
      person.                                       Manslaughter: The unlawful killing of
      Libel is published defamation; slander is     another without intent to kill; either
      spoken.                                       voluntary (upon a sudden impulse); or
                                                    involuntary (during the commission of an
      Lien: A legal claim against another           unlawful act not ordinarily expected to
      person’s property as security for a debt.     result in great bodily harm). See also
      A lien does not convey ownership of the       murder.
      property, but gives the lien holder a right
      to have his or her debt satisfied out of      Mediation: A form of alternative dispute
      the proceeds of the property if the debt      resolution in which the parties bring their
      is not otherwise paid.                        dispute to a neutral third party, who
                                                    helps them agree on a settlement.
      Limine: A motion requesting that the
      court not allow certain evidence that         Memorialized: In writing.
      might prejudice the jury.
                                                    Mens Rea: The “guilty mind” necessary
      Limited Jurisdiction: Refers to courts        to establish criminal responsibility.
      that are limited in the types of criminal


156                                                                                               156
Miranda Warning: Requirement that
police tell a suspect in their custody of
his or her constitutional rights before
they question him or her. So named as
                                                    N
                                                    Negligence: Failure to exercise the
a result of the Miranda v. Arizona ruling           degree of care that a reasonable person
by the U.S. Supreme Court.                          would exercise under the same
                                                    circumstances.
Misdemeanor: A criminal offense
considered less serious than a felony.              Next Friend: One acting without formal
Misdemeanors generally are punishable               appointment as guardian for the benefit
by a fine or a limited local jail term, but         of an infant, a person of unsound mind
not by imprisonment in a state                      not judicially declared incompetent, or
penitentiary.                                       other person under some disability.
Mistrial: An invalid trial, caused by               No Bill: This phrase, endorsed by a
fundamental error. When a mistrial is               grand jury on the written indictment
declared, the trial must start again from           submitted to it for its approval, means
the selection of the jury.                          that the evidence was found insufficient
                                                    to indict.
Mitigating Circumstances: Those
which do not constitute a justification or          No-Contest Clause: Language in a will
excuse for an offense but which may be              that provides that a person who makes
considered as reasons for reducing the              a legal challenge to the will’s validity will
degree of blame.                                    be disinherited.
Moot: A moot case or a moot point is                No-Fault Proceedings: A civil case in
one not subject to a judicial                       which parties may resolve their dispute
determination because it involves an                without a formal finding of error or fault.
abstract question or a pretended
controversy that has not yet actually               Nolle Prosequi: Decision by a
arisen or has already passed. Mootness              prosecutor not to go forward with
usually refers to a court’s refusal to              charging a crime. It translates “I do not
consider a case because the issue                   choose to prosecute.” Also loosely
involved has been resolved prior to the             called nolle pros.
court’s decision, leaving nothing that
would be affected by the court’s                    Nolo Contendere: A plea of no contest.
decision.                                           In many jurisdictions, it is an expression
                                                    that the matter will not be contested, but
Motion: Oral or written request made by             without an admission of guilt. In other
a party to an action before, during, or             jurisdictions, it is an admission of the
after a trial, upon which a court issues a          charges and is equivalent to a guilty
ruling or order.                                    plea.
Murder: The unlawful killing of a human             Notice: Formal notification to the party
being with deliberate intent to kill.               that has been sued in a civil case of the
Murder in the first degree is                       fact that the lawsuit has been filed. Also,
characterized by premeditation; murder              any form of notification of a legal
in the second degree is characterized by            proceeding.
a sudden and instantaneous intent to kill
or to cause injury without caring whether
the injury kills or not. (See also manslaughter.)


                                                                                                    157
      Nunc Pro Tunc: A legal phrase applied         Overrule: A judge’s decision not to
      to acts which are allowed after the time      allow an objection. Also, a decision by a
      when they should be done, with a              higher court finding that a lower court
      retroactive effect.                           decision was in error.

      Nuncupative Will: An oral (unwritten)
      will.

                                                    P
                                                    Pardon: A form of executive clemency
      O
      Oath: Written or oral pledge by a person
                                                    preventing criminal prosecution or
                                                    removing or extinguishing a criminal
                                                    conviction.
      to keep a promise or speak the truth.
                                                    Parens Patriae: The doctrine under
      Objection: The process by which one           which the court protects the interests of
      party takes exception to some statement       a juvenile.
      or procedure. An objection is either
      sustained (allowed) or overruled by the       Parole: The supervised conditional
      judge.                                        release of a prisoner before the
                                                    expiration of his or her sentence. If the
      On a Person’s Own Recognizance:               parolee observes the conditions, he or
      Release of a person from custody              she need not serve the rest of his or her
      without the payment of any bail or            term.
      posting of bond, upon the promise to
      return to court.                              Party: A person, business, or
                                                    government agency actively involved in
      Opening Statement: The initial                the prosecution or defense of a legal
      statement made by attorneys for each          proceeding.
      side, outlining the facts each intends to
      establish during the trial.                   Patent: A government grant giving an
                                                    inventor the exclusive right to make or
      Opinion: A judge’s written explanation        sell his or her invention for a term of
      of a decision of the court or of a majority   years.
      of judges. A dissenting opinion
      disagrees with the majority opinion           Peremptory Challenge: A challenge
      because of the reasoning and/or the           that may be used to reject a certain
      principles of law on which the decision is    number of prospective jurors without
      based. A concurring opinion agrees with       giving a reason.
      the decision of the court but offers
      further comment. A per curiam opinion         Perjury: The criminal offense of making
      is an unsigned opinion “of the court.”        a false statement under oath.

      Oral Argument: An opportunity for             Permanent Injunction: A court order
      lawyers to summarize their position           requiring that some action be taken, or
      before the court and also to answer the       that some party refrain from taking
      judges’ questions.                            action. It differs from forms of temporary
                                                    relief, such as a temporary restraining
      Order: A written or oral command from         order or preliminary injunction.
      a court directing or forbidding an action.



158                                                                                              158
Personal Property: Tangible physical             mutually satisfactory disposition of a
property (such as cars, clothing,                case. Usually it is a legal transaction in
furniture, and jewelry) and intangible           which a defendant pleads guilty in
personal property. This does not                 exchange for some form of leniency. It
include real property such as land or            often involves a guilty plea to lesser
rights in land.                                  charges or a guilty plea to some of the
                                                 charges if other charges are dropped.
Personal Recognizance: In criminal               Such bargains are not binding on the
proceedings, the pretrial release of a           court.
defendant without bail upon his or her
promise to return to court. See also own         Pleadings: The written statements of
recognizance.                                    fact and law filed by the parties to a
                                                 lawsuit.
Personal Representative: The person
who administers an estate. If named in a         Polling the Jury: The act, after a jury
will, that person’s title is an executor. If     verdict has been announced, of asking
there is no valid will, that person’s title is   jurors individually whether they agree
an administrator.                                with the verdict.

Person in Need of Supervision:                   Pour-Over Will: A will that leaves some
Juvenile found to have committed a               or all estate assets to a trust established
status offense rather than a crime that          before the will-maker’s death.
would provide a basis for a finding of
delinquency. Typical status offenses are         Power of Attorney: Formal
habitual truancy. Violating a curfew, or         authorization of a person to act in the
running away from home. These are not            interests of another person.
crimes, but they might be enough to
place a child under supervision. In              Precedent: A previously decided case
different states, status offenders might         that guides the decision of future cases.
be called children in need of supervision
or minors in need of supervision.                Preliminary Hearing: Another term for
                                                 arraignment.
Petitioner: The person filing an action
in a court of original jurisdiction. Also,       Pre-Injunction: Court order requiring
the person who appeals the judgment of           action or forbidding action until a
a lower court. The opposing party is             decision can be made whether to issue
called the respondent.                           a permanent injunction. It differs from a
                                                 temporary restraining order.
Plaintiff: The person who files the
complaint in a civil lawsuit. Also called        Preponderance of the Evidence: the
the complainant.                                 evidence is slightly more convincing for
                                                 the plaintiff than the defendant’s
Plea: In a criminal proceeding, it is the        evidence; greater weight of the
defendant’s declaration in open court            evidence.
that he or she is guilty or not guilty. The
defendant’s answer to the charges                Pre-Sentence Report: A report to the
made in the indictment or information.           sentencing judge containing background
                                                 information about the crime and the
Plea Bargaining or Plea Negotiating:             defendant to assist the judge in making
The process through which an accused             his or her sentencing decision.
person and a prosecutor negotiate a


                                                                                               159
      Presentment: Declaration or document         imprisonment allowing a person found
      issued by a grand jury that either makes     guilty of an offense to stay in the
      a neutral report or notes misdeeds by        community, usually under conditions
      officials charged with specified public      and under the supervision of a probation
      duties. It ordinarily does not include a     officer. A violation of probation can lead
      formal charge of crime. A presentment        to its revocation and to imprisonment.
      differs from an indictment.
                                                   Pro Bono Publico: For the public good.
      Pretermitted Child: A child borne after      Lawyers representing clients without a
      a will is executed, who is not provided      fee are said to be working pro bono
      for by the will. Most states have laws       publico.
      that provide for a share of estate
      property to go to such children.             Pro Se: A Latin term meaning “on one’s
                                                   own behalf”; in courts, it refers to
      Pre-Trial Conference: A meeting              persons who present their own cases
      between the judge and the lawyers            without lawyers.
      involved in a lawsuit to narrow the
      issues in the suit, agree on what will be    Prosecutor: A trial lawyer representing
      presented at the trial, and make a final     the government in a criminal case and
      effort to settle the case without a trial.   the interests of the state in civil matters.
                                                   In criminal cases, the prosecutor has the
      Prima Facie Case: A case that is             responsibility of deciding who and when
      sufficient and has the minimum amount        to prosecute.
      of evidence necessary to allow it to
      continue in the judicial process.            Proximate cause: The act that caused
                                                   an event to occur. A person generally is
      Probable Cause: A reasonable belief          liable only if an injury was proximately
      that a crime has or is being committed;      caused by his or her action or by his or
      the basis for all lawful searches,           her failure to act when he or she had a
      seizures, and arrests.                       duty to act.

      Probate: The court-supervised process        Public Defender: Government lawyer
      by which a will is determined to be the      who provides free legal defense
      willmaker’s final statement regarding        services to a poor person accused of a
      how the will-maker wants his or her          crime.
      property distributed. It also confirms the
      appointment of the personal
      representative of the estate.
      Probate also means the process by
      which assets are gathered; applied to
      pay debts, taxes, and expenses of
                                                   Q
                                                   Quash: To vacate or void a summons,
      administration; and distributed to those     subpoena, etc.
      designated as beneficiaries in the will.

      Probate Court: The court with authority
      to supervise estate administration.

      Probate Estate: Estate property that
                                                   R
                                                   Real Property: Land, buildings, and
      may be disposed of by a will.
                                                   other improvements affixed to the land.
      Probation: An alternative to


160                                                                                               160
Reasonable Doubt: An accused person            Rehearing: Another hearing of a civil or
is entitled to acquittal if, in the minds of   criminal case by the same court in which
the jury, his or her guilt has not been        the case was originally heard.
proved beyond a “reasonable doubt”;
that state of minds of jurors in which         Rejoinder: Opportunity for the side that
they cannot say they feel an abiding           opened the case to offer limited
conviction as to the truth of the charge.      response to evidence presented during
                                               the rebuttal by the opposing side.
Reasonable Person: A phrase used to
denote a hypothetical person who               Remand: To send a dispute back to the
exercises qualities of attention,              court where it was originally heard.
knowledge, intelligence, and judgment          Usually it is an appellate court that
that society requires of its members for       remands a case for proceedings in the
the protection of their own interest and       trial court consistent with the appellate
the interests of others. Thus, the test of     court’s ruling.
negligence is based on either a failure to
do something that a reasonable person,         Remedy: Legal or judicial means by
guided by considerations that ordinarily       which a right or privilege is enforced or
regulate conduct, would do, or on the          the violation of a right or privilege is
doing of something that a reasonable           prevented, redressed, or compensated.
and prudent (wise) person would not do.
                                               Remittitur: The reduction by a judge of
Rebut: Evidence disproving other               the damages awarded by a jury.
evidence previously given or
reestablishing the credibility of              Removal: The transfer of a state case
challenged evidence.                           to federal court for trial; in civil cases,
                                               because the parties are from different
Record: All the documents and                  states; in criminal and some civil cases,
evidence plus transcripts of oral              because there is a significant possibility
proceedings in a case.                         that there could not be a fair trial in state
                                               court.
Recuse: The process by which a judge
is disqualified from hearing a case, on        Replevin: An action for the recovery of
his or her own motion or upon the              a possession that has been wrongfully
objection of either party.                     taken.

Re-Direct Examination: Opportunity to          Reply: The response by a party to
present rebuttal evidence after one’s          charges raised in a pleading by the
evidence has been subjected to cross-          other party.
examination.
                                               Respondent: The person against whom
Redress: To set right; to remedy; to           an appeal is taken. See petitioner.
compensate; to remove the causes of a
grievance.                                     Rest: A party is said to rest or rest its
                                               case when it has presented all the
Referee: A person to whom the court            evidence it intends to offer.
refers a pending case to take testimony,
hear the parties, and report back to the       Restitution: Act of giving the equivalent
court. A referee is an officer with judicial   for any loss, damage or injury.
powers who serves as an arm of the
court.


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      Retainer: Act of the client in employing     Self-Defense: Claim that an act
      the attorney or counsel, and also            otherwise criminal was legally justifiable
      denotes the fee which the client pays        because it was necessary to protect a
      when he or she retains the attorney to       person or property from the threat or
      act for them.                                action of another.

      Return: A report to a judge by police on     Self-Incrimination, Privilege Against:
      the implementation of an arrest or           The constitutional right of people to
      search warrant. Also, a report to a judge    refuse to give testimony against
      in reply to a subpoena, civil or criminal.   themselves that could subject them to
                                                   criminal prosecution. The right is
      Reverse: An action of a higher court in      guaranteed in the Fifth Amendment to
      setting aside or revoking a lower court      the U.S. Constitution. Asserting the right
      decision.                                    is often referred to as taking the Fifth.

      Reversible Error: A procedural error         Self-Proving Will: A will whose validity
      during a trial or hearing sufficiently       does not have to be testified to in court
      harmful to justify reversing the judgment    by the witnesses to it, since the
      of a lower court.                            witnesses executed an affidavit
                                                   reflecting proper execution of the will
      Revocable Trust: A trust that the            prior to the maker’s death.
      grantor may change or revoke.
                                                   Sentence: The punishment ordered by
      Revoke: To cancel or nullify a legal         a court for a defendant convicted of a
      document.                                    crime. A concurrent sentence means
                                                   that two or more sentences would run at
      Robbery: Felonious taking of another’s       the same time. A consecutive sentence
      property, from his or her person or          means that two or more sentences
      immediate presence and against his or        would run one after another.
      her will, by means of force or fear. It
      differs from larceny.                        Sentence Report: A document
                                                   containing background material on a
      Rules of Evidence: Standards                 convicted person. It is prepared to guide
      governing whether evidence in a civil or     the judge in the imposition of a
      criminal case is admissible.                 sentence. Sometimes called a
                                                   presentence report.

                                                   Sequester: To separate. Sometimes

      S
      Search Warrant: A written order issued
                                                   juries are separated from outside
                                                   influences during their deliberations. For
                                                   example, this may occur during a highly
      by a judge that directs a law                publicized trial.
      enforcement officer to search a specific
      area for a particular piece of evidence.

      Secured Debt: In bankruptcy
      proceedings, a debt is secured if the
      debtor gave the creditor a right to
      repossess the property or goods used
      as collateral.



162                                                                                             162
Sequestration of Witnesses: Keeping          from the English name for a lawyer who
all witnesses (except plaintiff and          represents the interests of the monarch
defendant) out of the courtroom except       in the courts.
for their time on the stand, and
cautioning them not to discuss their         Sovereign Immunity: The doctrine that
testimony with other witnesses. Also         the government, state or federal, is
called separation of witnesses. This         immune to lawsuit unless it gives its
prevents a witness from being                consent.
influenced by the testimony of a prior
witness.                                     Specific Performance: A remedy
                                             requiring a person who has breached a
Service: The delivery of a legal             contract to perform specifically what he
document, such as a complaint,               or she has agreed to do. Specific
summons, or subpoena, notifying a            performance is ordered when damages
person of a lawsuit or other legal action    would be inadequate compensation.
taken against him or her. Service, which
constitutes formal legal notice, must be     Spendthrift Trust: A trust set up for the
made by an officially authorized person      benefit of someone who the grantor
in accordance with the formal                believes would be incapable of
requirements of the applicable laws.         managing his or her own financial
                                             affairs.
Settlement: An agreement between the
parties disposing of a lawsuit.              Standing: The legal right to bring a
                                             lawsuit. Only a person with something at
Settlor: The person who sets up a trust.     stake has standing to bring a lawsuit.
Also called the grantor.
                                             Stare Decisis: The doctrine that courts
Sidebar: A conference between the            will follow principles of law laid down in
judge and lawyers, usually in the            previous cases. Similar to precedent.
courtroom, out of earshot of the jury and
spectators.                                  Statement: An oral or written assertion
                                             or the nonverbal conduct of a person, if
Slander: False and defamatory spoken         it is intended by the person as
words tending to harm another’s              communication.
reputation, business, or means of
livelihood. Slander is spoken                Status Offenders: Youths charged with
defamation; libel is published.              the status of being beyond the control of
                                             their legal guardian or are habitually
Small Claims Court: A court that             disobedient, truant from school, or
handles civil claims for small amounts of    having committed other acts that would
money. People often represent                not be a crime if committed by an adult.
themselves rather than hire an attorney.     They are not delinquents (in that they
                                             have committed no crime), but rather
Solicitor: In South Carolina, this is the    are persons in need of supervision,
name given to the lawyer who                 minors in need of supervision, or
represents the interests of the state in     children in need of supervision,
criminal trials. Each county has an          depending on the state in which they
elected solicitor who employs assistant      live. Status offenders are placed under
solicitors as necessary. The solicitor has   the supervision of the juvenile court.
the responsibility of deciding who and
when to prosecute. The name comes


                                                                                          163
      Statute of Limitations: The time within        with a crime and is required to appear in
      which a plaintiff must begin a lawsuit (in     court. A jury summons requires the
      civil cases) or a prosecutor must bring        person receiving it to report for possible
      charges (in criminal cases). There are         jury duty
      different statutes of limitations at both
      the federal and state levels for different     Support Trust: A trust that instructs the
      kinds of lawsuits or crimes.                   trustee to spend only as much income
                                                     and principal (the assets held in the
      Statutory Construction: Process by             trust) as needed for the beneficiary’s
      which a court seeks to interpret the           support.
      meaning and scope of legislation.
                                                     Suppress: To forbid the use of
      Statutory Law: Law enacted by the              evidence at a trial because it is improper
      legislative branch of government, as           or was improperly obtained. See also
      distinguished from case law or common          exclusionary rule.
      law.
                                                     Surety Bond: A bond purchased at the
      Stay: A court order halting a judicial         expense of the estate to insure the
      proceeding.                                    executor’s proper performance. Often
                                                     called a fidelity bond.
      Stipulation: An agreement by attorneys
      on both sides of a civil or criminal case      Survivorship: Another name for joint
      about some aspect of the case; e.g., to        tenancy.
      extend the time to answer, to adjourn
      the trial date, or to admit certain facts at   Sustain: A court ruling upholding an
      the trial.                                     objection or a motion.

      Strike: Highlighting in the record of a
      case, evidence that has been improperly
      offered and will not be relied upon.

      Sua Sponte: A Latin phrase which
                                                     T
                                                     Tangible Personal Property
      means on one’s own behalf. Voluntary,          Memorandum (TPPM): A legal
      without prompting or suggestion.               document that is referred to in a will and
                                                     used to guide the distribution of tangible
      Subpoena: A court order compelling a           personal property.
      witness to appear and testify.
                                                     Temporary Relief: Any form of action
      Subpoena Duces Tecum: A court                  by a court granting one of the parties an
      order commanding a witness to bring            order to protect its interest pending
      certain documents or records to court.         further action by the court.
      Summary Judgment: A decision made              Temporary Restraining Order: A
      on the basis of statements and evidence        judge’s order forbidding certain actions
      presented for the record without a trial. It   until a full hearing can be held. Usually
      is used when there is no dispute as to         of short duration. Often referred to as a
      the facts of the case, and one party is        TRO.
      entitled to judgment as a matter of law.
                                                     Testamentary Capacity: The legal
      Summons: A notice to a defendant that          ability to make a will.
      he or she has been sued or charged


164                                                                                               164
Testamentary Trust: A trust set up by a
will.

Testator: Person who makes a will
                                              U
                                              Unlawful Detainer: A detention of real
(female: testatrix).                          estate without the consent of the owner
                                              or other person entitled to its
Testimony: The evidence given by a            possession.
witness under oath. It does not include
evidence from documents and other             Unsecured: In bankruptcy proceedings,
physical evidence.                            for the purposes of filing a claim, a claim
                                              is unsecured if there is no collateral, or
Third Party: A person, business, or           to the extent the value of collateral is
government agency not actively                less than the amount of the debt.
involved in a legal proceeding,
agreement, or transaction.                    Usury: Charging a higher interest rate
                                              or higher fees than the law allows.
Third-Party Claim: An action by the
defendant that brings a third party into a
lawsuit.

Title: Legal ownership of property,
usually real property or automobiles.
                                              V
                                              Vacate: To set aside. To vacate a
                                              judgment is to set aside that judgment.
Tort: An injury or wrong committed on
the person or property of another. A tort
                                              Venire: A writ summoning persons to
is an infringement on the rights of an
                                              court to act as jurors, Also refers to the
individual, but not founded on a
                                              people summoned for jury duty.
contract. The most common tort action
is a suit for damages sustained in an
                                              Venue: The proper geographical area
automobile accident.
                                              (county, city, or district) in which a court
                                              with jurisdiction over the subject matter
Transcript: A written, word-for-word
                                              may hear a case.
record of what was said, either in a
proceeding such as a trial or during
                                              Verdict: A conclusion, as to fact or law,
some other conversation, as in a
                                              that forms the basis for the court’s
transcript of a hearing or oral deposition.
                                              judgment. A general verdict is a jury’s
                                              finding for or against a plaintiff after
Trust: A legal device used to manage
                                              determining the facts and weighing them
real or personal property, established by
                                              according to the judge’s instructions
one person (the grantor or settlor) for
                                              regarding the law.
the benefit of another (the beneficiary).
A third person (the trustee) or the
                                              Voir Dire: Process of questioning
grantor manages the trust.
                                              potential jurors so that each side may
                                              decide whether to accept or oppose
Trust Agreement or Declaration: The
                                              individuals for jury service.
legal document that sets up a living
trust. Testamentary trusts are set up in a
will.

Trustee: The person or institution that
manages the property put in trust.


                                                                                             165
      W
      Waiver: Intentionally giving up a right.

      Waiver of Immunity: A means
      authorized by statute by which a
      witness, before testifying or producing
      evidence, may relinquish the right to
      refuse to testify against himself or
      herself, thereby making it possible for
      his or her testimony to be used against
      him or her in future proceedings.

      Warrant: Most commonly, a court order
      authorizing law enforcement officers to
      make an arrest or conduct a search. An
      affidavit seeking a warrant must
      establish probable cause by detailing
      the facts upon which the request is
      based.

      Will: A legal declaration that disposes of
      a person’s property when that person
      dies.

      Without Prejudice: A claim or cause
      dismissed without prejudice may be the
      subject of a new lawsuit.

      With Prejudice: Applied to orders of
      judgment dismissing a case, meaning
      that the plaintiff is forever barred from
      bringing a lawsuit on the same claim or
      cause.

      Witness: A person who testifies to what
      he or she has seen, heard. or otherwise
      experienced. Also, a person who
      observes the signing of a will and is
      competent to testify that it is the will-
      maker’s intended last will and
      testament.

      Writ: A judicial order directing a person
      to do something.

      Writ of Certiorari: An order issued by
      the Supreme Court directing the lower
      court to transmit records for a case for
      which it will hear on appeal.


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