1. Business Law Final Exam
Part IV Review

2. EXAM DATE Thursday June 9th (Can finish June 10th if not done)
#2 Pencil
Same format as parts 1-3

3. CIVIL LAWSUITS Burden of Proof is based on a Preponderance of Evidence
What does this mean? The Plaintiff (Person bringing the case) is more correct than incorrect
Plaintiff has the burden of proof “Always”, never defense….

4. TYPES OF LAWSUITS
NEGLIGENCE: Most common civil case, based on careless act
Strict Liability: Liable for injury no matter what
Intentional: Intended injury of victim

5. OUR LAWSUIT NEGLIGENCE
Argued that the “Careless actions of Hayden Lechler led to the injuries of Sam Spangler
Plaintiff does NOT need to prove that the defendant “Intended” to injure the victim, only that their careless actions led to the injury

6. CASE ORDER Opening Statement- Plaintiff First, Defense next
Plaintiff Case- They have burden to prove their case, NOT defense
Defense Case- Challenge Plaintiff case
Closing Arguments- Defense first, Plaintiff last

7. WHY PLAINTIFF FIRST, LAST
Plaintiff has the burden of proof to win their case, the defense does not need to prove a thing
Burden of proof (Based on a Preponderance of Evidence
Jury hearing YOUR story first and last is a HUGE advantage….

8. 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

9. PLAINTIFF 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

10. DEFENSE CROSS EXAMINATION OF PLAINTIFF 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

11. 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

12. 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

13. 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)

14. 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

15. 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

16. 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

17. JURY Made up of 6-8 people (12 for criminal)
Over 50% must agree (4 out of 6 or 5 out of 8) to determine if the defendant will be held liable (Responsible)

18. JURY OUTCOME “FIRST” a verdict is reached
“Next”, the jury determines if a damage will be awarded and how much ($$)
Based on (% of fault) Comparative Negligence

19. 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

20. RELEVANCY
Relevancy objections are made when a question being asked has nothing to do with the case
Purpose is to not waste time on testimony not part of the case
“Any” question asked must be made relevant

21. LEADING
Leading means when an attorney is telling a witness the answer to a question
“Not” allowed on direct examination
“It IS allowed” on cross examination

22. OPINION
Opinion is when a question being asked is asking a witness to draw a conclusion on a set of facts
Not allowed unless the witness is an “Expert”
“Expert” means the court recognizes them based on foundational questions that were asked…

23. HEARSAY
Hearsay is an “Out of Court Statement made by someone other than the declarant”
Means you are asking a witness to testify about something someone else said to them.

24. SPECULATION
Speculation is when a witness concludes something based on a guess or a “What if” question
Not allowed because its not based on any data, but rather simply a guess

25. 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)

26. 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

27. APPEALS
Appeals of the outcome of the trial can be made by “Either” party in a lawsuit
Appeals are based on some issue within the trial (Objection, evidence, rulings, etc..)

28. DAMAGES
Damages are awarded at end of trial (Usually Money) by the jury
Defendant must pay what is awarded
Damages are meant to “Compensate” the victim NOT punish the defendant

29. QUESTIONS? Papers not in by Monday will NOT be accepted
Final Exam is 5 parts (4 taken in class and Mock Trial 20 points)
Books
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