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Mock Trial Rules

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emysper0's version from 2016-11-28 02:17

Section 1

Question Answer
1.2B COURTESY TOWARD WITNESSESDo not intimidate or insult witnesses Avoid confusing witnesses with verbose or convoluted questions.
4.1 WITNESSES BOUND BY STATEMENTS Fair extrapolations may be allowed, provided reasonable inference (see: 203) may be made from the witness' statement. A witness is not bound by facts contained in other witness statements.
4.3 RESEARCH AND RESOURCESNeither team may submit briefs to the Court or hold any opponent responsible for knowing of any outside resources.
201 INVENTION OF FACTS"This Q seeks testimony beyond the scope of the record and calls for an invention of facts."
203 REASONABLE INFERENCEA fact not in the record but can follow naturally from the facts provided and that does not change the material facts of the story.
301 RELEVANCYRelevant evidence tends to make the existence of a fact which is important to the case more or less probable than the fact would be without the evidence.
401 LACK OF FOUNDATIONBefore a witness can testify to certain facts, it must be shown that the witness was in a position to know about these facts.
402 INTRODUCTION OF EVIDENCEAll exhibits have been stipulated (see: Stipulations > Stipulation 4) as admissible evidence on the grounds of authenticity.
501 LACK OF PERSONAL KNOWLEDGEPersonal knowledge means what the witness did, said, saw, heard, or otherwise perceived.
601 CHARACTERWitnesses cannot generally testify about a person's character unless character is an issue.
601 CHARACTER > (2) PERMITTED USESMay be admissible for BIMP or Personal Knowledge (see: 501)
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Section 2

Question Answer
701 OPINION TESTIMONY BY NON-EXPERTSLay witnesses are considered qualified to reach certain types of conclusions or opinions based on what they see or hear.
702 OPINION TESTIMONY BY EXPERTSExpert witnesses may give an opinion towards the UI, if a proper foundation has been laid.
702 OPINION TESTIMONY BY EXPERTS > ENTERING AN EXPERT WITNESSThe attorney questioning the witness shall not ask the court to recognize the witness as an expert but rather must lay a proper foundation.
703 OPINION ON AN ULTIMATE ISSUE > (A) IN GENERALAn opinion is not automatically objectionable just because it embraces an UI.
801 HEARSAYAny evidence of a statement made out of court by someone other than the witness testifying, which is offered to prove the truth of the matter asserted in the out-of-court statement.
803 HEARSAY EXCEPTIONS > (1) PRESENT SENSE IMPRESSIONA statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.
803 HEARSAY EXCEPTIONS > (2) EXCITED UTTERANCEMade while the declarant was under the stress of excitement that it caused.
906A WITNESS'S PRIOR STATEMENT > (1) SHOWING OR DISCLOSING THE STATEMENTWhen examining a witness about the witness's prior statement, a party need not show it or disclose its contents.
909 ARGUMENTATIVE QUESTIONSAn argumentative question challenges the witness about an inference from the facts of the case.
913 NON-RESPONSIVE ANSWER"YH The witness is being non-responsive."
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