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BR Describe one difference between civil and criminal case

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					     Mikva People: Training Polling Place?



                         1/29/07
                  BR- Describe
                 one difference
                 between a civil
                   and criminal
                           case.

Today: Beginning the Mock Trial Case..
Do you?

 Have a copy of the case?
 Have a copy of the rules?
 Have a copy of the penalty points?
 Other copies to follow..
Read the case..
If you were asked to prove
something how would you do it?

As a small group come up with something that you
  want to prove. (make it up!) be sure to include
  the necessary elements.

You will be asked to present your case.

What is your burden of proof ? Would a changing
 burden of proof affect how you would present
 your case?
What are the elements that must
be proved?

Plaintiff-
Defense-

Look at the trial information, “The Litigation
  Process” in the back of the packet.
This takes you through every step of the trial.
-Do you understand the difference between direct
  examination and cross examination?
We must understand..

From this point forward, your attendance,
  punctuality and successful completion of
  assignments not only affect your grade but to
  what degree and capacity you will participate in
  the trial. When you enter the room each day be
  ready to concentrate on the task at hand and
  focus. To the greatest degree possible all other
  considerations must be left outside the
  workplace.
There are 21 total parts in the
Mock Trial Competition

- 5 Attorneys for the Plaintiff and 5 Attorneys for
   the Defense.
- Witnesses for the plaintiff: Jamie Fulton,Terry
   Tremaine, Dale Vincente, Jordan McKenzie,
   Reese Hathaway
- Witnesses for the defense: Drew Lowell,Taylor
   Duran, Blake Levine, Tracy Terrano, Casey Lee
- Deputy Sheriff (bailif)
Each Person Should have a dedicated
trial binder with the following:

1. The document I wrote that I handed our on our first day
    back.
2. Your written response to that document.
3. Your case packet.
4. The trial calendar
5. “Mock Trial Procedural Overview”
6. Evidence “Cheat Sheet”
7. A copy of the mock trial rules
8. A copy of the penalty points
9. A copy of the Circuit court guidelines
10. “Persuasion at Trial”
11. Any writen work that you do and we hand back.
Homework Assignment - Due
Tomorrow!

Answer the following questions on a piece of
  paper. Use complete sentences. You must
  answer each question with a definitive stance.
1. What part would you like to play in the trial
  (attorney or witness.)
2. If you answered attorney, for which side would
  you work and which witness would you examine
  directly?
Homework Continued..

3. If you answered witness to question #1 which
  witness would you like to play.
4. Regarding your answer to question #2 or #3,
  what reasons can you offer as to why you should
  play that part. (Be specific, mention skills you
  have to offer, feelings you have about the part,
  etc.)
5. After reading the case, who do you think should
  prevail? What is your rationale for that
  (supporting arguments.)
Homework Continued..

6. What is the purpose of the complaint?
7. What is the purpose of the answer?
8. What happens during the discovery phase of a
  trial?
9. Explain what the burden of proof is in a civil
  case.
Homework Continued..
 10. Explain who each of characters is (in a
 sentence of two.)
    Jamie Fulton                 Drew Lowell
    Terry Tremaine               Taylor Duran
    Dale Vincente                Blake Levine
    Jordan McKenzie              Tracy Terrano
    Reese Hathaway               Casey Lee


Do you understand why the names are a little strange and the
whole “he/she” thing?
Honors Credit Option

I am always open to ideas for how to qualify for
   honors credit for this class. If you have an idea
   see me now. You must tell me by February 4 if
   you are going for honors credit.

1 Option: Keep a daily trial journal. In this journal
  you discuss what happened each day, what you
  are working on, what’s going on (like a diary.)
  After the trial is over, write a 5 page (typed,
  double-spaced, 12pt. Font) paper that discusses
  what you learned during the experience.

				
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