Presentation for Judges

What is this Competition?

• Simulation of a civil jury trial

• Students portray attorneys and witnesses

• Fictitious jurisdiction of Midlands– Midlands has its own case law– Midlands has its own statutes– Midlands has its own rules of evidence (that

closely mirror the FREs)

This Year’s Case:Park v. Duran

• Summary: In 2010, Sydney Park invited classmate Jesse Duran to hang out at the Parks’ home. Both children were 11 years old. The Parks keep a gun in their home. That morning, the gun was discharged, killing Sydney. Sydney’s parents have filed a wrongful death lawsuit against Jesse’s parent, Hayden Duran.

• If you have heard this case before, be aware that you may see a very different round this time because:– The Plaintiff team gets to choose between two very different

theories of liability, and the Defense team has the option of raising affirmative defenses.

– The teams are choosing witnesses from a pool of twelve options.– One of the witnesses has two very different depositions and may

differ significantly between rounds.

What is your role?

• You are here to “judge” the competition. You will do so in panels of two or more individuals.

• Judges fill three roles:– Preside over the trial (one person per

round)– Score the trial (two people per round)– Provide feedback (everyone)– Reach a verdict

Your Role: Presiding Over the Trial

• One judge will preside over the trial and act as judge in the courtroom—ruling on objections and keeping the trial moving.

• Trial consists of:• Pre-Trial Matters (including introductions)• Opening statements• Plaintiff case-in-chief (three witnesses)• Customary break• Defense case-in-chief (three witnesses)• Customary break• Closing Arguments (including rebuttal)

Your Role:Presiding Over the Trial

• Differences from Real-World trials:– Both teams must:

• Present opening statements at the start of trial• Call three witnesses• Cross-examine all witnesses called

– There are:• NO objections to openings or closings• NO motions in limine, for a directed verdict, or mistrial• NO side bars• NO objections or questions from the judges• NO scope limitations on cross-examination (but scope is

limited on re-direct and re-cross examination)• NO requirements that expert witnesses be tendered

Your Role:Scoring the Trial

• Two judges will score the trial using this blue (carbon paper) ballot.

Your Role:Scoring the Trial

• Left = plaintiff/prosecution

• Right = defense

• Score 1-10– 10 is high score– Use whole numbers

(fractions/decimals will be disregarded)

Your Role:Scoring the Trial

• Score on the blue ballot as the trial proceeds. – Please do not wait

until the end of the round to decide on scores.

• Score on your own.– Please do not

collaborate with other judges on scores.

Your Role:Scoring the Trial

• Score differences between teams.– Scale doesn’t

matter, just be internally consistent.

– Point differential is what matters.

Your Role:Scoring the Trial

• There are SEPARATE scores for: – Opening statements– Direct examinations– Cross examinations– Closing arguments– Witnesses on direct and

cross.

• There are NO SEPARATE scores for:– Pre-trial matters– Re-direct examinations– Re-cross examinations– Rebuttal– Objection arguments.

Your Role:Scoring the Trial

• At the end of the round, please rank the top four attorneys and witnesses from the round.

Your Role:Scoring the Trial

• Differences from other competitions:–Witnesses are scored• On both direct-examination and cross-

examination

–Witnesses are allowed to costume– Attorneys and witnesses are allowed to

use demonstrative aids (subject to objection)

Your Role:Scoring the Trial

• Differences from other competitions:– This competition has NO “invention of fact”

objection, but the rules do allow for impeachment if there is an invention of fact.• Teams may NOT invent a material fact on direct-

examination—such inventions are subject to impeachment.

• If you believe a successful impeachment has occurred, you should reflect that in your score by penalizing the the violating team, rewarding the impeaching team, or both.

Your Role:Commenting

• All scoring judges should receive FOUR comment sheets (more carbon paper):– Students will fill

out their names, roles, and team code.

Your Role:Commenting

• There are blanks to write comments on all parts.

• Non-shaded boxes are for plaintiff or prosecution parts.

• Shaded boxes are for defense parts.

Your Role:Commenting

• Students will get copies of written comments.

• After the trial is complete, please provide a few minutes of verbal feedback as well.

Roles of Others:Students

• Students act as competitors in the trial. – Students’ school identity should remain

anonymous until after the round.• Note that all trials are public. Do not assume the

identity of the teams based on who enters the courtroom.

• Students act as timekeepers. – The trial has a three-hour time limit and each part

of the trial has time limits. – The students will keep you informed of time limits. – Please enforce time limits when you are informed

of them.

Roles of Others:AMTA Representatives

• AMTA Representatives ensure that all rules are followed.

• AMTA Representatives may enter the courtroom to inform you of time limit issues, please follow their instructions.

• AMTA Representatives may enter the courtroom to resolve a conflict brought to their attention by students, please follow their instructions.

Summarizing: The Big Things to Take Away

• Presiding:– Let students argue, but listen to any time limitations

students bring to your attention.

• Scoring:– Score on performance, not merits of the case.– Score as the trial proceeds, not at the end of the

round.– Fill in all blanks on blue score sheet legibly.

• Commenting:– Students will get copies of all written comments.– Provide verbal feedback, but keep it to 10 minutes or

less for the entire judging panel combined.

What happens next?

• You will be assigned to a judging panel.– Each panel will be at least two people.

• You will be assigned to a room.– If you have already judged a team in that room

at this tournament, then please do not begin the trial and let us know of the potential conflict.

– If you are somehow affiliated with a team in that room (e.g. your child is on the team), then please do not begin the trial and let us know of the potential conflict.