1. Welcome to the Mock Trial Kickoff! Are you ready?

2. Nancy Holland’s BA 18 Business Law Class PRESENTS Stewart & Jasper v. Salazar A CASE OF WATER

3. Pacific Legal Foundation http://community.pacificlegal.org/Page.aspx?pid=904

4. The Complaints…

5. Plaintiff’s Claim: First Claim for Relief Failure To Explain Reasonable and Prudent Alternative’s Consistency with the Scope of the Bureau of Reclamations Legal Authority and Jurisdiction (Violation of the APA) Second Claim for Relief Failure To Explain Economic and Technological Feasibility of Reasonable and Prudent Alternative (Violation of the APA)

6. Plaintiff’s Claim (Continued) Third Claim for Relief Illegal Reservation of Authority Over Bureau of Reclamation and California Department of Water Resources Operations (Violation of the APA) Fourth Claim for Relief Failure To Articulate a Rational Connection Between Defendants’ Conclusions and the Reasonable and Prudent Alternative (Violation of the APA)

7. Plaintiff’s Complaint (Continued) Fifth Claim for Relief Failure To Explain Economic Impacts of Reasonable and Prudent Measures (Violation of the APA) Sixth Claim for Relief Illegal Section 7 Consultation (Violation of the U.S. Constitution or, in the alternative, of the APA)

8. The Groups

9. Groups: Attorney’s for Stewart & Jasper -Plaintiff Attorney’s for Salazar - Defendant US Federal Justices -

10. What are Worksheets? Worksheets are given to each group each time the group meets. On the worksheet, there will be many legal questions and passages pertaining to the case. These sections must be divided up among group members for the week. When the group meets again, these sections are discussed in detail by those assigned to them. This is an extremely important facilitation of the meeting.

11. Group Assignments: Sections of each case will be assigned by the group leader to each member of the group, including the leader. Each member of the group must read the case handed out today! Each time the group meets, they will receive a new worksheet. Assignments need to be made from those worksheets and divided up among the group. Each member is responsible for doing their part. Each time the group meets, members are expected to bring their completed assignments with them. Assignments need to be found, read, interpreted and ready to be shared and discussed with the group. Each group member must participate in the mock trial either as a participant or support. No exceptions will be allowed.

12. Development of Case Study: ATTORNEYS: Research & Discovery Questions and considerations (from worksheets) Development of the argument Final outline for court presentation JUSTICES: Research & Discovery Questions and considerations Discussion of the claims Written Opinion regarding each claim

13. What You Turn In As A Group

14. Justices – Each individual judge is responsible for the following: –A opinion based on legal research regarding each claim made by the Plaintiff. –A listing of each reference to accompany your personal research –All discovery and research documentation (Each individual needs to write their name on their own work.)

15. Attorneys: Each individual attorney is responsible for the following: –If you participated in the trial: The introduction used for your opening statements, all argument information outlined and rebuttal notes. –All discovery and research documentation from every individual. Each individual needs to write their name on their own work. –A listing of each reference to accompany your personal research.

16. What’s Expected from you during each group meeting: Attendance (Includes being on time and staying until the group is finished meeting for the day.) Participation in meaningful group discussion. Brining your research to each group meeting to share with members of the group. Being Prepared for the meeting and not relying on others to “carry you” though it.

17. Group Leaders

18. Group Leader Criteria: In order to be a group leader, you must currently have a C average or better at the time of the kick-off. Each group will have a group leader. These individuals will be responsible for making sure that the group stays on task. They will be responsible for the following: –Attending every meeting –Keep role of the group –Track assignments of individuals –Keep the group meetings on task and focused –Report on their groups progress after each meeting to the instructor either via e-mail or in person –Schedule and hold at least one outside meeting for their group. –Encouraging group members to do their best! –They are my eyes and ears!

19. Group Leaders can be removed for the following reasons: Failure to attend group meetings. Failure to keep group on task Failure to schedule and hold outside meeting with group. Failure to report group progress to instructor on a regular basis. Failure to support overall group effort, i.e., failure to do their part!!! Complaints from team members of poor performance or lack of performance. If a group leader is removed, they do not receive points as a group leader

20. Oral Argument

21. Stewart & Jasper v. Salazar ORAL ARGUMENT: Presiding Justice – Brief Statement of the case Plaintiff For Stewart & Jasper - ORAL ARGUMENT – approx. 20 minutes in length Defendant For Salazar - ORAL ARGUMENT - approx. 20 minutes in length Plaintiff For Stewart & Jasper - Rebuttal – 5 minutes Defendant Salazar Rebuttal – 5 minutes Deliberations by Justices– approx. 10-15 minutes Opinion given by Justices – 7 minutes

22. Presenting Your Case: You may choose to use any of the following methods for presenting and illustrating your case: Charts & Graphs Photos Handouts –Submission to the Justices

23. Rules of Conduct: Attorneys are not to converse with the justices regarding this case. Bribery of any kind is not acceptable. You are to conduct yourself in a professional manner at all times prior to and during the trial. Claiming someone else's work as your own could get your expelled from the case and classroom. Professional dress is expected at the time of the mock trial. Professional manners and courtesy towards others is always expected.

24. Points Involved

25. Research Points: 50 This research does include a manifold of cases pertaining to the trial. Research includes no less than 15 sources of quality cases and articles coming from the law library, Lexis-Nexis, credible magazines, Wall Street Journal, Washington Post, New York Times, primary sources, etc. Participation Points: 25 Participation Defined: Includes researching and reading your assignments, preparation of those assignments, i.e., ready to discuss what you have found with the group, active discussion of the cases, voicing ideas and concerns, supporting the group by actively contributing to the development of the argument and being a team player. Being on time to the meetings. Staying with the group until the work is complete for that meeting. Showing professional conduct at all times. Mock Trial Points: 25 Mock Trial Points Defined: Not everyone can participate in the Mock Trial’s due to time constrains alone. However, these points define your overall support of your colleagues during the trial. Being on time to the trial, participating, assisting with the rebuttal, being supportive of the team, all are looked upon as part of these points. Not showing up to the mock trial not only will result in a loss of points, but will have devastating effects on your overall grade for this project.

26. Grading…

27. Grading: Your grade will be a blended grade based on the following three inputs: –1. Self score –2. Group score (Group Members individual score) –3. Instructor score –NOTE: These scores are not disclosed to anyone. Name Ins. ScoreTotalAverageGrade Joe Student798910095 70 598 85.428 57B

28. Mock Trial Kick-Off- Wednesday, Oct. 21 Mock Trial Meeting #1-Wednesday, October 28 Mock Trial Meeting #2 – Monday, November 2th Mock Trial Meeting #3 – Wednesday, November 11 Mock Trial Meeting #4- Wednesday, November 18 Mock Trial – Wednesday, December 9th – FCC Law Library Group Meetings and Trial