Last Name, First Name

2014 Mock Trial Final Paper

KELLY SIMON V. TERRY SWIFT 2014

The Burden of Proof

Using 2-3 paragraphs, tell me what the legal definition of a wrongful death lawsuit in “New York State” is. You may go online to look this up, but make sure your definition is the actual legal definition. To make sure you find the correct one, you will be required to cite your website in the footer section on the bottom of this page and notate it within the paragraph properly. In addition, make sure you explain what the “4” elements of every civil case are, how they are defined and finally, how they can or cannot be proven in this mock trial case you are currently doing. Do not explain your answer solely on the side your class is arguing, but based on your own interpretation of the materials.

Kelly Simon

In no more than 2 paragraphs, tell me about Kelly Simon, her story and what she adds to this case. In addition, tell me if her story is something a jury will believe is credible (believable), what she will tell the jury and if it will help her side of the case.

Morgan Pearce

In no more than 2 paragraphs, tell me about Morgan Pierce, her/his story and what she/he adds to this case. In addition, tell me if his/her story is something a jury will believe is credible (believable), what he/she will tell the jury and if it will help her/his side of the case.

Lynn Roper, Ph.D.

In no more than 2 paragraphs, tell me about Dr. Lynn Roper, her/his story and what she/he adds to this case. In addition, tell me if his/her story is something a jury will believe is credible (believable), what he/she will tell the jury and if it will help her/his side of the case.

Terry Swift

In no more than 2 paragraphs, tell me about Terry Swift, her/his story and what she/he adds to this case. In addition, tell me if his/her story is something a jury will believe is credible (believable), what he/she will tell the jury and if it will help her/his side of the case.

Jamie Hagar, Ed.D.

In no more than 2 paragraphs, tell me about Jamie Hagar, her/his story and what she/he adds to this case. In addition, tell me if his/her story is something a jury will believe is credible (believable), what he/she will tell the jury and if it will help her/his side of the case.

Aubrey Brady

In no more than 2 paragraphs, tell me about Aubrey Brady, her/his story and what she/he adds to this case. In addition, tell me if his/her story is something a jury will believe is credible (believable), what he/she will tell the jury and if it will help her/his side of the case.

Exhibits

You are required to choose 3 of the 10 exhibits in this packet that may be used in the mock trial case for your side of the argument. Period 5 is arguing the defense side and period 9 is arguing the plaintiff side, so the choices of exhibits you make must be something your class attorneys plan to use. You may work with your team while they mark and move the exhibits into evidence, so you may learn how to describe the process, why it must be completed and describe the potential objections the other side may use to block them from coming in. This section should be no LESS than 3 paragraphs (One for each exhibit) and explain each in detail.

Steps in the trial

This is the “only” section of your paper you may put into a bulleted list. You must list the order for how this trial will take place. In addition, go online and look up the step by step process for how every lawsuit is started and completed in New York State. Cite your website in the footer at the bottom of the page.

Final Thoughts

Tell me who will win this trial and why you believe this. Give details within the story you read and tell me what you believe the winning side will ask for. Also, tell me who the key witnesses for each side will be and why their testimony may make the jury decide with your conclusion