Presentation for Judges

What is this Competition? Simulation of a civil jury trial Students portray attorneys and witnesses Fictitious jurisdiction of Midlands – Midlands has its own case law – Midlands has its own statutes – Midlands has its own rules of evidence (that closely mirror the FREs)

This Year’s Case: Park v. Duran Summary: In 2010, Sydney Park invited classmate Jesse Duran to hang out at the Parks’ home. Both children were 11 years old. The Parks keep a gun in their home. That morning, the gun was discharged, killing Sydney. Sydney’s parents have filed a wrongful death lawsuit against Jesse’s parent, Hayden Duran. If you have heard this case before, be aware that you may see a very different round this time because: – The Plaintiff team gets to choose between two very different theories of liability, and the Defense team has the option of raising affirmative defenses. – The teams are choosing witnesses from a pool of twelve options. – One of the witnesses has two very different depositions and may differ significantly between rounds.

What is your role? You are here to “judge” the competition. You will do so in panels of two or more individuals. Judges fill three roles: – Preside over the trial (one person per round) – Score the trial (two people per round) – Provide feedback (everyone) – Reach a verdict

Your Role: Presiding Over the Trial One judge will preside over the trial and act as judge in the courtroom—ruling on objections and keeping the trial moving. Trial consists of: Pre-Trial Matters (including introductions) Opening statements Plaintiff case-in-chief (three witnesses) Customary break Defense case-in-chief (three witnesses) Customary break Closing Arguments (including rebuttal)

Your Role: Presiding Over the Trial Differences from Real-World trials: – Both teams must: Present opening statements at the start of trial Call three witnesses Cross-examine all witnesses called – There are: NO objections to openings or closings NO motions in limine, for a directed verdict, or mistrial NO side bars NO objections or questions from the judges NO scope limitations on cross-examination (but scope is limited on re-direct and re-cross examination) NO requirements that expert witnesses be tendered

Your Role: Scoring the Trial Two judges will score the trial using this blue (carbon paper) ballot.

Your Role: Scoring the Trial Left = plaintiff/prosecution Right = defense Score 1-10 – 10 is high score – Use whole numbers (fractions/decimals will be disregarded)

Your Role: Scoring the Trial Score on the blue ballot as the trial proceeds. – Please do not wait until the end of the round to decide on scores. Score on your own. – Please do not collaborate with other judges on scores.

Your Role: Scoring the Trial Score differences between teams. – Scale doesn’t matter, just be internally consistent. – Point differential is what matters.

Your Role: Scoring the Trial There are SEPARATE scores for: – Opening statements – Direct examinations – Cross examinations – Closing arguments – Witnesses on direct and cross. There are NO SEPARATE scores for: – Pre-trial matters – Re-direct examinations – Re-cross examinations – Rebuttal – Objection arguments.

Your Role: Scoring the Trial At the end of the round, please rank the top four attorneys and witnesses from the round.

Your Role: Scoring the Trial Differences from other competitions: – Witnesses are scored On both direct-examination and cross-examination – Witnesses are allowed to costume – Attorneys and witnesses are allowed to use demonstrative aids (subject to objection)

Your Role: Scoring the Trial Differences from other competitions: – This competition has NO “invention of fact” objection, but the rules do allow for impeachment if there is an invention of fact. Teams may NOT invent a material fact on direct- examination—such inventions are subject to impeachment. If you believe a successful impeachment has occurred, you should reflect that in your score by penalizing the the violating team, rewarding the impeaching team, or both.

Your Role: Commenting All scoring judges should receive FOUR comment sheets (more carbon paper): – Students will fill out their names, roles, and team code.

Your Role: Commenting There are blanks to write comments on all parts. Non-shaded boxes are for plaintiff or prosecution parts. Shaded boxes are for defense parts.

Your Role: Commenting Students will get copies of written comments. After the trial is complete, please provide a few minutes of verbal feedback as well.

Roles of Others: Students Students act as competitors in the trial. – Students’ school identity should remain anonymous until after the round. Note that all trials are public. Do not assume the identity of the teams based on who enters the courtroom. Students act as timekeepers. – The trial has a three-hour time limit and each part of the trial has time limits. – The students will keep you informed of time limits. – Please enforce time limits when you are informed of them.

Roles of Others: AMTA Representatives AMTA Representatives ensure that all rules are followed. AMTA Representatives may enter the courtroom to inform you of time limit issues, please follow their instructions. AMTA Representatives may enter the courtroom to resolve a conflict brought to their attention by students, please follow their instructions.

Summarizing: The Big Things to Take Away Presiding: – Let students argue, but listen to any time limitations students bring to your attention. Scoring: – Score on performance, not merits of the case. – Score as the trial proceeds, not at the end of the round. – Fill in all blanks on blue score sheet legibly. Commenting: – Students will get copies of all written comments. – Provide verbal feedback, but keep it to 10 minutes or less for the entire judging panel combined.

What happens next? You will be assigned to a judging panel. – Each panel will be at least two people. You will be assigned to a room. – If you have already judged a team in that room at this tournament, then please do not begin the trial and let us know of the potential conflict. – If you are somehow affiliated with a team in that room (e.g. your child is on the team), then please do not begin the trial and let us know of the potential conflict.