Mock Trial Marathon Notes 11/22

Defense

Exhibit 3: Liability Waiver

  • on cross to the plaintiff, use the liability waiver

    • "You signed this liability waiver signed this liability waiver?” “Yes.”

    • “You read it?” “Yes.”

    • “You read this paragraph (liability waiver part)?” “Yes.”

    • read the paragraph “Did I read that correctly?” “Yes.”

      • proves that the plaintiff was aware of the dangers

    • DID RIVER KNOX READ IT THOUGH?


Reese Hazard re-explained the rules to everyone before the race started

Incident only happened to River Knox

  • at fault, because he was running too fast

did a lot of things that could prevent the injuries but it still happened

  • did river knox do something that put him in danger (where is the line?)

river knox takes unnecessary risks to win from harper’s affidavit

  • OBJECTION! improper character evidence

approval from government that the race can continue


Witnesses

Reese Hazard

good: has access to almost all exhibits

Jordan Gale

good: 


Plaintiff

Exhibit 5: Clearance Report Post-Storm

  • defense didn’t reroute after the storm because why??? 

Reese claimed she had other duties that were more important than rerouting the trail

company had a duty to protect their runner, government report that it is hazardous, yet they still didn’t reroute because they didn’t think it mattered

  • metaphor?? (good for start of closing) someone spills liquid on the floor, company hands out papers saying beware of the wet spot, send out emails about the spill, why didn’t they just get a towel and clean it up?

  • didnt take the one step to protect their runners

re-route, re-inspect, re-staff

if just one percent of this race was altered, then none of this could have happened

law for negligence - duty for reasonable care and if its breached then ur liable


Witnesses

River Knox

bad: suffered memory loss “but i didn’t make up this injury i didn’t make up this whole situation” ←response to cross question “you suffered memory loss, correct?”, point of view on running or walking

good: suffered through the injuries

Sky Wilder

bad:

good:


building character: dress, do anything to look older, wear glasses, language (NO UM OR LIKE), be precise in precision especially for experts, get rid of any fillers


demographics, personality ←write a character bio for witnesses



EVIDENCE IN GENERAL

exhibit 5 - (p)

exhibit 16 - shows 2 people were injured and others were completely fine (d)