Business Law Final Exam Part II Review

EXAM DATE Friday Feb 2 #2 Pencil Same format as part 1

CRIMINAL CASES Burden of Proof is based on a Beyond a reasonable doubt What does this mean? The Prosecution (The government or people, who represents society) has left little to no doubt the defendant is guilty Prosecution ALWAYS has the burden of proof “Always”, never defense….

CRIMINAL CASES So, since the people have the burden of proof, what must take place? The prosecution (NEVER PLAINTIFF), calls witnesses, produces evidence and attempts to show the defendant is guilty beyond a reasonable doubt The defense does not have to prove anything….

WHAT IS PROOF BASED ON? Duty of Care: The Law will create the duty (Tell a person what they can or cannot do) Breach of Duty: Defendant broke the law Criminal Intent: Defendant meant to break the law

OUR CASE Disorderly Conduct The people (Prosecution) is arguing that the defendant (Carson Conners) intentionally disrupted the hallways of the high school Defense does not need to prove anything, other than show where the prosecution cannot prove their case (Self-defense)

Prosecution Witnesses Lauren Smith: teacher who “Claimed” to witness a bullying incident and attempted to get Carson Conners to office (Instigated, started fight) Bobbi Jones: SRO who ran to Lauren Smith’s defense, arrested defendant (Fueled escalation of fight, caused arrest) Dr. Crosby: School assistant principal who allowed Carson to be arrested, suspended, without looking into all the facts

Defense Witnesses Dr. Avery Johnson: Civil Liberties researcher who claimed “3” schools within the Bigtown area are bullying kids into suspensions to get rid of problem kids (Academically and behaviorally challenged) Billi Stapelton: 35 year teacher at Bigtown who saw changes in education with more punishment, less guidance. Disagrees with tests being central Carson Conners: His side of story is he was instigated into defending himself over nothing. Did not intend to cause an incident

Hints… Review the witnesses in this case and KNOW their roles…. Case still online..

CASE ORDER Opening Statement- Prosecution First, Defense 2nd Prosecution Case- Show the story, how they meet their burden, evidence Defense Case- Challenge Prosecution (People) case, credibility of witnesses/evidence Closing Arguments- Defense first, Prosecution last

WHY PROSECUTION FIRST, LAST Prosecution (The people) has brought the case against the defendant, therefore they must prove they are correct (Defense proves nothing) Since it made it to trial, the judge feels the proof can be met (Or has a chance) Jury hearing PROSECUTIONS story first and last is a HUGE advantage….

OPENING STATEMENTS Objective of case (Your Theory) Story of what happened (Your side) Introduction of witnesses Review of law What will be asked for at end of trial

PROSECUTION CASE Call witness in order they choose Direct examine: Open ended questions, NO leading, witness explains story Evidence: Witness should identify and have personal knowledge of

DEFENSE CROSS EXAMINATION OF PROSECUTION WITNESSES Cross Examination is a “right” of the defense if the witness is called Leading questions are asked “If” witness does not answer the question, the attorney should object to “Non-Responsive” (Meaning they are not answering questions) All questions should have a YES or NO answer

HOW TO USE CROSS EXAMINATION Ask “Leading” questions (Tell them the answer) Attack their credibility (Do we believe they are truthful) Show holes in their understanding of what they saw Bias- they may like or dislike the person

PLAINTIFF RESTING At the end of the Plaintiff case, they should “rest” their case Resting means they are not calling any more witnesses and they have presented their proof

DEFENSE MOTION At the end of the Plaintiff case, the defense has a right to make a motion to have the case ended Reason made is that the plaintiff failed to present enough proof to continue the trial Usually denied

DEFENSE CASE Call witness in order they choose Direct examine: Open ended questions, NO leading, witness explains story Evidence: Defense may either “Use” or introduce new evidence (To rebut the proof made by the plaintiff)

DEFENSE CROSS EXAMINATION OF PLAINTIFF WITNESSES Cross Examination is a “right” of the plaintiff if the witness is called Leading questions are asked “If” witness does not answer the question, the attorney should object to “Non-Responsive” (Meaning they are not answering questions) All questions should have a YES or NO answer

Nothing goes into evidence “UNLESS” a judge allows it WHAT IS EVIDENCE? “Both” the prosecution and defense are allowed to attempt to move a document, a photo or any other physical item into evidence Nothing goes into evidence “UNLESS” a judge allows it Everything can be objected to

PROCEDURE FOR EXHIBITS Marked for Identification first (Court record) Witness can identify what it is, but CANNOT read from a document until its in evidence Objections are made if attempting to move into evidence

EVIDENCE Once an Exhibit is marked, it can be moved into evidence if the judge allows it Can be objected to Can be read from once in evidence Can be looked at by judge or jury when deciding the case

WHAT DOES IT MEAN TO “IMPEACH” A WITNESS? “Impeachment” takes place when a witness says something “Contrary” to their statement Contrary means different Impeachment means a witness is lying, creating new facts or trying to make the jury believe something that is not true

CLOSING ARGUMENTS Defense goes first Plaintiff last Both sides are allowed to review the proof presented and make their own conclusions on what the proof means Restitution is asked for by plaintiff Restitution is money damages

Judge/JURY Made up of 12 for criminal case ALL 12 must agree If even 1 does not agree, the defendant will be found not guilty Bench Trial- No jury, only judge

Bench Trial A Bench Trial is a case in which the judge is both the trier of fact and the law Trier of fact is the person who decides the case Trier of law means they rule on objections or evidence

Judge/JURY OUTCOME “FIRST” a verdict is reached by judge “Next”, the judge or jury would determine the punishment (If any) If punished, felony cases like Arson, would include at least a year or more in a state or federal prison

OBJECTIONS Judge can sustain (Agree) or over-rule (Disagree) Either sides lawyers may object Objections can be made to question being asked or answer given by a witness

STIPULATIONS Items both parties “Agree” to before a trial begins Purpose is so the courts time is not wasted on items not needed to be discussed Usually, things like authenticity of a piece of evidence, defendants residence, etc…

PURPOSE OF WITNESS Witnesses are someone with knowledge of the facts They know something that is connected to the case at hand Can testify on what they know, not on opinions or conclusions unless they are an expert (Lay witness- non-expert)

EXPERT WITNESS Expert Witnesses are someone that is giving their opinion on the case Usually, they have no first hand knowledge of the case (Did not see anything nor were involved) Knowledge is based on reviewing documents, research Opinion is based on area of expertise

QUESTIONS? #2 pencil Friday Start Contract Law Next week After part 2, you have completed 60 of the 100 points of the exam Part III: Offer/Acceptance, Genuine Assent Part IV: Consideration/Capacity/Legality/writing