1. Business Law Final Exam
Part II Review

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

3. 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….

4. 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….

5. 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

6. 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)

7. 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

8. 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

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

10. 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

11. 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….

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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)

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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…

30. 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)

31. 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

32. 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