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Featuring winning cases from the New Jersey State Bar Foundation’s Law Fair 2019 COMPETITION MOCK TRIAL EXERCISES FOR GRADES 3–6

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Page 1: MOCK TRIAL EXERCISES - njsbf.org · specializes in very tiny teacup and pocket size dogs. Suzy was desirous in purchasing a teacup Yorkie. A Yorkie is a toy breed dog that weighs

Featuring winning cases from the New Jersey State Bar Foundation’s

Law Fair 2019COMPETITION

MOCK TRIALEXERCISES

FOR GRADES 3–6

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Since 1992, the New Jersey State BarFoundation has sponsored a unique, law-related education opportunity forelementary school students—the Law FairCompetition.Students in grades three through six are

invited to create original mock trial cases.The cases are judged on the basis oforiginality and educational value inteaching students about their legal rightsand responsibilities. Winners are selected ineach grade level. The trials are thenconducted before student audiences atspecial Law Fair programs in the spring.The third- through sixth-grade audiencesserve as juries.

Following are the winning students’cases from the Law Fair 2019Competition. They may be used asa guide to prepare a submission tothe Law Fair Competition or as aclassroom exercise. Please note thatsome of the cases may contain “laws”created by the students for thepurposes of this competition, which

may not necessarily be actuallaws. Since these mock trialswere written by children, the

content should not be

considered technically accurate.These materials are produced for educational

purposes only. All characters, names, events andcircumstances are fictitious. No resemblance orreference to real individuals, events orcircumstances is intended or should be inferred.Because this booklet contains cases

written by students from third throughsixth grades, teachers should review thecases written by students in the uppergrades before distribution in order todetermine whether they are appropriate foryounger children.Law Fair has won national recognition

for educational excellence from theAmerican Bar Association and the AmericanSociety of Association Executives.

This project is made possible by funding fromthe IOLTA Fund of the Bar of New Jersey.

If you would like to participate in the Law Fair Competition, please call 732-937-7519or e-mail [email protected].

For information about other free, law-relatededucation services available from the New JerseyState Bar Foundation, visit us online at njsbf.org.

© 2019 New Jersey State Bar Foundation. All rights reserved.

PREFACE

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CONTENTSThe Story of Tiny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

The Case of the Bank Robbery: State v. Mack . . . . . . . . . . . . . . . . . . . 6

The Case of the Conspiracy Theory: State v. Helper and Stealer . . . . 9

Pet Shop Shenanigans: The Fingers Family v. Dan’s Pet Shop . . . . . 12

Identity Catastrophe: Connor Cushion v. Anna Stesia and Central Treatment Hospital. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Indiana Drones and the Property of Doom: Drones v. Err . . . . . . . . 21

Breaking Point: State v. Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

The Great Light Fight: Natalia Joy v. Town of Lumiere, FL . . . . . . . 29

The Case of the Drone Disaster: The Cant’lie Family v. Trend Weekly Magazine . . . . . . . . . . . . . . . . 35

Black v. Whiteman and the Los Angeles Police Department . . . . . . 39

The Case of the Choking Chicken Nugget: Chase Choken v. Henrietta Heimleek . . . . . . . . . . . . . . . . . . . . . . . . 44

The Football Storyline: Brown v. Yoo. . . . . . . . . . . . . . . . . . . . . . . . . 49

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2 MOCK TRIAL EXERCISES h GRADES 3–6

THE STORY OF TINY

SCHOOL

Johnnie L. Cochran, Jr. Academy

East Orange

Grade 3

First Place

TEACHER

Patricia Hurt

Gregory LittleZaire McConnellNylah MarreroJanasia McGheeArielle MercyRoberto Michel

LeOnie NowlinKa’Mya PayneMakayla RoseCamila RufinoSaniyah Thurman

STUDENTS

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3MOCK TRIAL EXERCISES h GRADES 3–6

FACTSSuzy Love lives with her mom in a small

apartment in East Orange, New Jersey. Suzywould like a puppy. Under the terms of hermom’s lease, any dog that resides in theirapartment cannot weigh more than fourpounds and must be confined to a kennelcage when no one is home. Suzy and hermom travel to Puppy Petite, a store whichspecializes in very tiny teacup and pocketsize dogs.Suzy was desirous in purchasing a

teacup Yorkie. A Yorkie is a toy breed dogthat weighs between four to seven pounds.A teacup Yorkie is the smallest dog in thelitter and is called a runt. Two runts in alitter are mated to create a teacup and willnot weigh more than three and a halfpounds. The store employee, Ms. Gotcha,stated that the Yorkie puppy that the Loveswere interested in was a teacup. Relying onthat representation, Suzy’s mom, Mrs.Love, purchased the teacup Yorkie andnamed her Tiny. The teacup Yorkie is verypopular and breeders are rushing toproduce them. Teacup Yorkies averagebetween $1,200 to $2,000 per dog. Ms.Gotcha informed the Love Family thatTiny would cost $1,800 because of theirpopularity. The standard Yorkie is priced at$1,000. Ms. Gotcha assured them that theywere purchasing a teacup.Tiny is six months old and now weighs

five pounds and still growing. It is evidentby looking at her paws and observing hereating habits that she may eventually weighseven pounds. The Loves claim Puppy Petitemisrepresented the type of Yorkie that theywere purchasing, and they are suing forreimbursement of their money.

ISSUEHas Puppy Petite or Mr. Breeder violated

any laws under the State of New Jersey?

WITNESSESSFor the PlaintiffSuzy Love Momma Love

For the DefenseMs. GotchaMr. Breeder

WITNESSES STATEMENTS Testimony of Suzy LoveMy name is Suzy Love. I am in the

fourth grade and I am a great animal lover.My mom promised to purchase a smallpuppy for me since I made the honor rolllast marking period. On December 1, 2018,my mom and I traveled to Puppy Petite, astore that specializes in small dogs. Mymom reminded me that under the terms ofthe apartment lease we cannot have a dogthat weighs more than four pounds or wemay be subject to eviction. Puppy Petite isa store that specializes in pocket size dogs.I fell in love with the cutest black andbrown female Yorkie. Ms. Gotcha, asalewoman at Puppy Petite, informed methat the puppy I was interested in was ateacup and the puppy’s size would bebetween three pounds to three and onehalf pounds. I mentioned to Ms. Gotcha that my

mom had restrictions on the size of thedog that could reside in our apartment.She assured me that the puppy would besuitable for our needs. I named my femalepuppy Tiny because at the time ofpurchase she was two pounds and could fitin the palm of my hand. She is a verylovable puppy and easily housebroken. The only problem now, is at six months

old, Tiny isn’t tiny anymore. Tiny doesn’teat dog food. Her favorite meal is chickenand rice. Tiny has a big appetite. I chosetable food because I have read that there

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4 MOCK TRIAL EXERCISES h GRADES 3–6

are many lawsuits about dog food andtreats that have made animals sick or evendie. Tiny can eat a balanced diet with tablefood.Tiny weighs five pounds and she is still

growing. It is obvious now that Tiny is aregular sized Yorkie rather than a teacup.My mom paid $800 more for Tiny’s size. Ibelieve Puppy Petite has tricked us. Mymom intends to sue for reimbursement forall monies spent on Tiny. She is alsoworried that we may be evicted if Tinycontinues to grow, thereby violating ourlease. I love my dog and would never giveher back to Puppy Petite despite her size.

Testimony of Momma LoveMy name is Momma Love. I am the

mother of Suzy Love. My daughter lovesdogs. There are so many pictures of tinyYorkies in cups on the internet. After Tinybegan growing, I researched teacup Yorkieson the internet. I read that there is no suchclassification of “a teacup Yorkie”according to the American Kennel Club.My understanding of a teacup was that it issmaller than the standard Yorkie. Thedifference between teacup Yorkie andstandard Yorkie is that regular Yorkies arefrom four to seven pounds and a teacup isless than four pounds.When I purchased Tiny, the saleswoman

told me Tiny was a teacup and would beless than four pounds. To date, Tiny is sixmonths old and, at her last checkup at theveterinarian, she weighed five pounds andshe’s still growing. The veterinarianconfirmed that Tiny was a regular sizeYorkie. I love our family dog and wouldnot return her under any circumstance. Ifeel that the store misrepresented that Iwas buying a teacup dog when in fact itwasn’t. I believe the store committed fraud.

I paid for a teacup Yorkie but the reality isit was a standard size dog. I believe thestore was irresponsible in advertising thispuppy. A regular size Yorkie costs $1,000and the teacup puppy cost $1,800. I wastold I was paying extra because of herunique size. As far as I am concerned,Puppy Petite owes me all of my money.

Testimony of Ms. GotchaMy name is Ms. Gotcha and I am an

employee of Puppy Petite. Our storespecializes in selling small dogs. All ourdogs come from legitimate breeders withpapers authenticating their pedigree. I dorecall Suzy and Momma Love purchasingthe teacup Yorkie several months ago. Atthe time of purchase, the Loves were givenwritten instructions of how to care for thepuppy. Included in the instructions wasthe type of diet recommended to maintaina healthy dog. If the Loves are feeding theYorkie table food, that might explain therapid weight gain of Tiny. The Loves havechosen to deviate from the recommendedbalanced diet and now blame us that thedog is too big when they failed to followthe dietary instructions. Yorkies havesensitive stomachs and are intolerant to alot of table food. The type of food they eatoften decides how long the dog will liveand weigh.

Testimony of Mr. BreederMy name is Mr. Breeder and I only sell

my healthy pups to commercial stores suchas Puppy Petite. All my pups are healthyand I supply each new owner with anefficient method to register the dog withthe American Kennel Club. All puppies arechecked by the vet prior to finding theirnew homes and given the necessary shots.The Love Family’s dog is in fact a petite

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5MOCK TRIAL EXERCISES h GRADES 3–6

teacup. It appears that there are dietaryissues that the Love Family have failed toadhere to. We give every new pet owner asixty-day warranty as to the health of thedog and recommended food andvaccination instructions. Myunderstanding is that Tiny was a healthydog at the time of the sale. I have nocontrol as to the weight of Tiny especiallywhen new owners fail to follow the dietaryinstructions. I’m sorry but there is no fraudby me or Puppy Petite.

INSTRUCTIONSMomma Love must prove by a

preponderance of the evidence that PuppyPetite and Mr. Breeder have violated theNew Jersey Pet Protection Act orcommitted consumer fraud pursuant tostate law.

SUB-ISSUES1. Is the New Jersey Pet Protection Act

applicable to teacup dogs?2. Does Momma Love have grounds to

sue when teacup dogs are notrecognized as a breed by the AmericanKennel Club or any other dogorganization?

CONCEPTSAre consumer fraud laws applicable to

designer dogs such as teacups?

LAWThe New Jersey Pet Protection Act

protects pet purchasers who receive“defective” companion animals. Apurchaser of a defective pet must have hisor her pet examined by a veterinarian withfourteen days to receive a refund orexchange. The buyer may retain the petand be reimbursed for vet bills up to two

times the cost of the dog or cat. Under thedefinition of “unfit for purchase” meansany disease, deformity, injury, physicalcondition, illness or defect which iscongenital or hereditary and severelyaffects the health of the animal. The elements of consumer fraud in New

Jersey are (1) a material misrepresentationof a presently existing or past fact; (2)knowledge or belief by the defendant of itsfalsity; (3) an intention that the otherperson rely on it; (4) reasonable reliancethereon by the other person; and (5)resulting damages. To maintain a claimunder the Consumer Fraud Act, a privatelitigant must establish (1) unlawfulconduct by the defendants, (2) anascertainable loss on part of the plaintiff,and (3) a causal relationship between thedefendant’s unlawful conduct and theplaintiffs ascertainable loss.

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6 MOCK TRIAL EXERCISES h GRADES 3–6

THE CASE OF THE BANK ROBBERYSTATE V. MACK

SCHOOL

Frelinghuysen Township

Newton

Grade 3

Second Place

TEACHER

Jennifer Moriarty

Audrey BonnerDesmond BoydMarguerite GoetzStephen GrubaIsabella HarveyAnna HasselmanLucas KronmillerSophie Stefankiewicz

STUDENTS

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7MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn December 22, 2018, there was a

reported bank robbery in Snowtown, NJ.The police were investigating the incident.The bank was robbed in the afternoon afterit had closed for the holidays. At the scenethe police discovered a Starbucks coffeecup with the name “Bob” written on it.The police used fingerprints from the cupto identify Bob Mack as the main suspect.Bob Mack claims that he is innocentbecause he works at the bank as a bankteller. He always drinks a coffee while heworks. He said he went to the mall afterwork to get some presents for his family, sohe couldn’t have robbed the bank. Thepolice said that the robbery was an insidejob because the alarm wasn’t set. It isalways Bob’s job to set the alarm at the endof the day.On December 22, 2019, Sue was driving

to work on a snowy day and she saw aman dressed in all black walking on theside of the road. He was headed toward themall away from town. Sue worked atStarbucks in the mall. The same manordered a caramel mocha from Sue atStarbucks. Sue was scared and shockedbecause he looked scary. She gave him thecaramel mocha and spilled it on him. Hesaid it was Ok in a deep voice but heseemed angry.That night after work, she watched the

news at her apartment and heard of a bankrobbery. A Starbucks cup was found at thescene and had the name “Bob” on it. Sheremembered writing “Bob” on the cupearlier that day. Sue called the police to tell them that

she thinks she saw the man who robbedthe bank. The police investigated therobbery and took Sue’s statement.

ISSUEDid Bob Mack rob the bank?

WITNESSESFor the ProsecutionOfficer Larry LazmanSue Stella

For the DefenseBob MackRuby Mack

WITNESS STATEMENTSTestimony of Larry LazmanI was working on reports in my office

when the call came in for the bankrobbery. I grabbed my coat and headedover to the bank. When I arrived at thebank, the bank had closed early for theholiday season. It was robbed after theyclosed for the day. The cameras in the bank were blacked

out so the man couldn’t be identified. Butbefore he painted the cameras, the policesaid the man wore a mask but had on jeansand a jacket. We also found a Starbuckscup at the scene and dusted forfingerprints. We then interviewed all of thebank employees at the station. All hadsolid alibis except for Bob Mack.

Testimony of Sue StellaI work at the mall in Starbucks. My ex-

boyfriend’s name is Bob Mack. He didn’tmake very good choices and changed a lot.On the day of the robbery, he texted meand said I really miss you and hope you aredoing Ok. He asked me to get some coffeewith him and hang out. I said no thanks,which made him angry. He came to mywork and ordered a caramel mocha thatmorning before he went to work at thebank. Later that night while watching the

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8 MOCK TRIAL EXERCISES h GRADES 3–6

news, I saw the bank was robbed where heworks. I texted him to see if he heardabout the robbery, he read the text butdidn’t answer me until the next day. Hetold me he quit his job.

Testimony of Bob MackI work at Snowtown Bank in New Jersey.

On December 22, 2018, I stopped atStarbucks to get a coffee before work. Afterwork I went shopping with my mom forChristmas presents. I left work and forgotto set the alarm.

Testimony of Ruby MackI went shopping with my son at the

mall to buy Christmas presents. He neverleft my side. He met me at mall after work.

INSTRUCTIONSThe prosecution must prove beyond a

reasonable doubt that Bob Mack robbedthe bank where he works.

SUB-ISSUES1. Did Bob Mack intentionally forget to

set the alarm?2. Did Bob Mack go shopping with his

mom?3. Did the police get evidence from the

video surveillance?

CONCEPTS1. Circumstantial Evidence: Evidence in a

trial which is not directly from aneyewitness or participant and requiressome reasoning to prove a fact.

2. Direct Evidence: Real, tangible or clearevidence of a fact, happening or thingthat requires no thinking orconsideration to prove its existence, ascompared to circumstantial evidence.

3. Eyewitness: A person who has actuallyseen an event and can testify in court.

LAWGrand Theft or Grand Larceny: The

crime of theft of another’s property(including money) over a certain value (forexample, $500), as distinguished frompetty (or petit) larceny in which the valueis below the grand larceny limit.

BIBLIOGRAPHYLegal Dictionary: Law.com. (n.d.).

Retrieved from https://dictionary.law.com/.

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9MOCK TRIAL EXERCISES h GRADES 3–6

THE CASE OF THECONSPIRACY THEORYSTATE V. HELPER AND STEALER

SCHOOL

Thomas Edison Intermediate

Westfield

Grade 3

Honorable Mention

TEACHER

Esther Van Riper

Anya BalakumaranMadeline SchlitzerEvie ShenRoshan TalatiMarisa Villere-ReidyAntonio ZappullaJessica Zhou

STUDENTS

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10 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSThere was a jewelry store in the

downtown of Crimeville, Texas. Thejewelry store’s name was Super Gems.Savandra Stealer heard on the news thatthere was a new necklace made out ofprecious diamonds that cost $500,000.Savandra thought that they were beautiful.She wanted them really badly. Her friendhad just bought them and she was sojealous and now wanted them even more.Sadly, there was no way she could affordthem which made her furious. Her next-door neighbor felt the same

way, her name was Helen Helper.Savandra’s and Helen’s husbands wereboth guards at Super Gems. On May 13,Friday, 2013, at 10:13 p.m., policeresponded to a breaking and entering atSuper Gems. When they arrived, nocriminal was apprehended. The policeinvestigated and questioned all of theemployees at Super Gems, includingSavandra’s and Helen’s husbands. One ofthe employees told the police that theyoverheard the guards speaking about thenecklaces and how much their wives eachwanted one and that they seemedsuspicious the day of the break-in. Thepolice also checked the security camerafeed and the cameras were shut off prior tothe two guards closing down for the night,which is not company protocol. The store was locked, however, as the

back door showed signs of being brokeninto and the back window was broken.Two necklaces were missing from thejewelry case, which was also broken into.Currently, Henry and Gregory, the twosecurity guards, are charged with the crimeof the stolen necklaces. The two guards areclaiming innocence and told the policethey had nothing to do with the crime.

ISSUEAre the guards responsible for breaking

and entering into Super Gems and forstealing the two diamond necklaces?

WITNESSESFor the ProsecutionOfficer FrankMadame Meade

For the DefenseHelen HelperSavandra Stealer

WITNESS STATEMENTSTestimony of Officer FrankI’m Officer Frank. I am the police officer

who was on duty that night. At 10:13 p.m.,on May 13, 2013, I came to Super Gems toinvestigate a breaking and entering crime.The next day I asked all of the employeesthat were there and Madame Meade toldme that she overheard the two guards,Gregory Guard and Henry Husband,talking about how their wives both wantedthe necklace really badly. She also said thatthey seemed suspicious. I took notes on allof the clues and I saw that the backwindow was broken. Then I checked thevideo camera and it was shut off prior tothe two guards leaving for the night.Madame Meade told me that shutting offthe video camera at the end of the day wasnot company protocol. The glass case thatused to contain the necklaces was brokeninto also. Gregory and Henry were theonly suspects identified to be at the sceneof the crime.

Testimony of Madame MeadeI was cleaning up the store and

wrapping stuff up. I heard Henry andGregory talking about their wives and how

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11MOCK TRIAL EXERCISES h GRADES 3–6

much they wanted the diamond necklaces.This is what they said, “My dear Savandrawould love this thing! Yeah, it would looksooo nice on my Helen. And it’s soexpensive I just know that my Savandrawould love on. I hope she doesn’t decideto steal it though. ”At that point they sawme and dropped their voices to a volumethat I just couldn’t hear. So then I justwent home at 8:47 p.m. The next dayOfficer Frank asked me about the breakingand entering at Super Gems. Apparentlythey wanted to question all the employeesthat work at Super Gems. I told them whatI overheard and then they went off toquestion Henry and Gregory.

Testimony of Helen HelperMy name is Helen Helper. I’m the other

defendant’s wife. I can tell you everythingthat happened that night. First of all, Iloved that amazing diamond necklace. Buteven though I really loved that necklace,my husband would never have stolen it forme. There is no way that the guards didthis because both of our husbands camehome a little early because we were goingto have some friends over for a celebration.There is no concrete evidence to prove myhusband or Savandra’s husband committedthese crimes.

Testimony of Savandra Stealer My name is Savandra Stealer. I am the

defendant’s wife. I would like to tell youthe story about what happened on Fridaythe thirteenth in Crimeville, Texas. In themorning I was just watching TV and then Isaw the diamond necklace ad at SuperGems. It said it was worth $500,000. That’sa lot of money. I am a fifth-grade teacherwho does not earn very much, but myhusband definitely did not steal it. I know

that my husband would not have donethis. We were at a party at Helen’s houseafter my husband got off of work. Wearrived at 10:00 p.m. and had fun and thendrove home. We switched into our PJs andtried to sleep. Minutes later the policecame to our house to knock on the door tolet us know about the breaking andentering at Super Gems. They wanted tospeak with each employee that workedthere. He is innocent, I was with him fromthe minute he came home on time to thetime we got to our Helen’s party.

INSTRUCTIONSThe prosecution must prove beyond a

reasonable doubt that the defendants areguilty of breaking and entering and theft.

SUB-ISSUESIs there evidence to prove that the wives

are also guilty of the crime?

CONCEPTS1. Physical harm: No one should

physically harm someone (killing,beating up, kidnapping).

2. Damages: No one should damageanything and if they do, they wouldhave to pay for it.

LAW1. Theft: No one is allowed to steal

anything.2. Conspiracy: You can agree to rob

something and if you do, you’re guiltyjust the same as the person who robs it.

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12 MOCK TRIAL EXERCISES h GRADES 3–6

PET SHOPSHENANIGANSTHE FINGERS FAMILY V. DAN’S PET SHOP

SCHOOL

Demarest Elementary

Bloomfield

Grade 4

First Place

TEACHER

Jessica Cappello Karen Magliacano Lorajean Tice

Jake BuccieriJackson CallerosJude CasasLeila ColonJack Del PurgatorioMorgan FulstonIsla GalesMaxwell LisaRebecca MehringHailey Woodson

STUDENTS

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13MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn Saturday, May 14, 2017, a little boy

named Mikey Fingers was visiting Dan’sPet Shop in Smalltown, New Jersey withhis mom. They entered the pet shoplocated on Hysteria Road at 11:45 a.m.Once they were in the pet shop, Mrs.Fingers went to get dog food for their pug,Snuffles.Mikey, a typical five-year-old, got very

bored and wandered off. He noticed a prettygreen snake in a cage. He approached thecage with no hesitation. The snakeappeared to be sleeping. Shortly before that,Nate Alfred, who worked in the pet shop,was cleaning out the cage. He suddenlyheard his phone ringing, expecting animportant phone call about his collegeapplication. For a matter of seconds, helooked at the phone. As this washappening, Mikey stuck his hand inside thecage to pet the snake. Then, all of a sudden,the snake bit him. Mikey screamed, and hismom, the store owner, and all the workerscame running to see what had happened.Nate immediately dialed 911.Mikey suffered a mild case of shock as

well as a snake bite, which was notpoisonous, but which required immediatemedical attention. The Fingers family issuing Dan’s Pet Shop for all medicalexpenses incurred from their son’s injuries,which included swelling, puncturewounds, and a minor infection.

ISSUEIs Dan’s Pet Shop responsible for Mikey

Fingers’ injuries and medical expenses?

WITNESSESFor the PlaintiffMikey FingersMrs. Fingers

For the DefenseNate AlfredDan E. Mull

WITNESS STATEMENTSTestimony of Mikey FingersMy name is Mikey Fingers and I am five

years old. I just love snakes! My daddyreads me books about them all the time. Isaw a snake in the shop and it was sopretty. I didn’t see my mommy to ask her ifI could pet it, so I went to the cage and itjust opened. I figured if it was open, then itmust be a friendly snake. Then I tried topet the pretty snake, just like I do to mydoggie at home. But the snake bit me andit hurt so so bad! I got a big boo boo! Mymommy came over, and she was so scaredand really mad that I was hurt and therewas no grownup near me. Then I was putinto a super big truck with flashing lights.They took me to a big building thatmommy said was a hospital. I will never gonear a snake again, and I don’t want toread about them ever again either! Theyare so scary!

Testimony of Mrs. FingersMy name is Angela Fingers, mother of

Mikey Fingers. My son and I were at thepet shop to purchase dog food. Myhusband had to go to work so he couldn’twatch Mikey. This was going to be myson’s first time at the pet store. I went togo check out and thought my son wasright behind me but he wasn’t.I frantically looked around when I heard

a blood curdling scream! It was Mikey! Inoticed his hand in a snake cage! I ran overand immediately saw puncture wounds onhis hand that were starting to swell. I wasscared to death! A snake bite is a veryserious injury. The cage should not have

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14 MOCK TRIAL EXERCISES h GRADES 3–6

been left unlocked under any circumstances.I was told by another customer that theworker was on his cell phone when thisincident occurred. That is unacceptable! Myson cried for days after his traumatictreatment at the hospital. Now my son isscared of snakes, an animal he used to love.If the worker was not on his phone, my sonwould not have been bitten.

Testimony of Nate AlfredMy name is Nate Alfred. I am 18 years

old and have been an employee at Dan’sPet Shop for three years. My job consists ofcleaning animal cages, feeding the animals,sweeping the floor, and other odds andends. I was feeding the snake involved inthis incident when I felt my phonevibrating. I was expecting a call regardingmy college application. I was told that daywas the day that I would find out if I wasaccepted into Ohio University. I hope tobecome a vet one day, so this call was veryimportant to me. I looked away for amatter of seconds when this all happened.The boy was there on the floor screechingin pain. I immediately dialed 911.I think I should be able to check my

phone at least once a day while the collegeapplication process is going on. Dan, thepet shop owner, even knew I was expectingan important call and said it was fine. Ialso think that the boy’s mom should havebeen keeping an eye on him. There arewarning signs all over the store, includingone by every snake cage that says, “Do notstick hands into cage.” I mean, the boy’smother should have known better than tolet her kid wander around unsupervised.

Testimony of Dan E. MullMy name is Dan E. Mull and I am the

owner of Dan’s Pet Shop. I was watching

the store when I saw the little boy’s handin the cage. I ran over, but it was too late.He screamed and his mother boltedtowards him. Nate, my best worker, hungup from his phone call and called 911. Iallowed him to answer his phone that day,because he was expecting an extremelyimportant phone call, and he has alwaysbeen such a responsible worker. Hewhispers to the dogs and all of the animalslove him. My customers do as well! I didn’tsee any harm in letting him take the call.Then the ambulance came and asked

what happened. I told them the detailsincluding what type of snake it was, andthey left for the hospital. I still don’tunderstand why the mother was soirresponsible. Her kid was a five-year-oldchild! You can’t let a little kid roamaround in a pet shop all alone! I havewarnings posted all over the store thatanimals are not to be handled bycustomers. Animals can be dangerous,especially when a strange hand invadestheir space! What was she thinking andwhy did she not keep her son with her thewhole time? I am not responsible for thisaccident and neither is my employee. Thechild’s parent is the one at fault here forbeing negligent, plain and simple.

INSTRUCTIONSThe plaintiff must prove, by a

preponderance of the evidence, that Dan’sPet Shop is responsible for the injuries ofMikey Fingers.

SUB-ISSUES1. Was Mrs. Fingers negligent in not

watching her young child in the petshop where warning signs were posted?

2. Should Dan E. Mull have let Nate Alfreduse his cell phone during work hours?

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15MOCK TRIAL EXERCISES h GRADES 3–6

3. Should the pet shop be allowed to havepotentially dangerous animals, such assnakes, within reach of children?

CONCEPTS1. Contributory negligence.2. Parental responsibility.3. Damages.4. Negligence.5. Causation.

LAW1. Danger Signs Notice Act: Posting signs

at your establishment that make yourcustomers and employees aware ofyour policies or the law.

2. Dan’s Pet Shop Rules and Regulations:Store customers may not handleanimals under any circumstances.

3. Tort Law: A child under seven cannotbe deemed negligent in his/herbehavior.

4. Attractive Nuisance: It states that alandowner may be held liable forinjuries to children trespassing on theland if the injury is caused by an objecton the land that is likely to attractchildren. The doctrine is designed toprotect children who are unable toappreciate the risk posed by the object,by putting liability on the landowner.

5. Causation (tort law): In order to findthe defendant liable, you must find thedefendant’s negligence was aproximate cause of the injury.

6. Contributory Negligence: A doctrine ofcommon law that if a person wasinjured in part due to his/hercontribution to the accident, theinjured party would not be entitled tocollect any damages from anotherparty who supposedly caused theaccident.

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16 MOCK TRIAL EXERCISES h GRADES 3–6

IDENTITY CATASTROPHECONNOR CUSHION V. ANNA STESIAAND CENTRAL TREATMENT HOSPITAL

SCHOOL

Yavneh Academy

Paramus

Grade 4

Second Place

TEACHER

Cheryl Frankel

Eli FriedmanJillian GreenfieldYonah HoenigDonny PerlmanEsti SchreiberAyeler Yolkur

STUDENTS

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17MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn November 29, 2018, 12-year-old

Connor (Con) Cushion fell at the Trip andStep Hotel and suffered a serious headinjury. He was rushed to Central TreatmentHospital to be treated. In the emergencyroom, he gave his name and date of birthto Dr. Anna Stesia, the doctor on duty. Sheinput the information into the hospitalcomputer which contains all the hospitalrecords of all prior hospital admissions.The records indicated that Con had beentreated in the hospital six months earlierfor an ankle injury and had no knownallergies. Connor was screaming not togive him any medication until his motherarrived, but Dr. Anna Stesia gave him adose of medication anyway to preventinfection and Con started to experiencedifficulty breathing.Con’s mother, Ally (Al) Urgies arrived at

the hospital shortly thereafter. She sawCon struggling to breathe and immediatelystarted shouting at the hospital personnelthat Con had severe allergies and seemedto be experiencing a reaction to a drug. Shealso stated that Con had never beenpreviously hospitalized.An investigation determined that Con

had been the victim of identity theft.Someone had used his name, birth dateand Social Security number to receivemedical treatment from the hospital sixmonths earlier. It was not clear how theperson had gotten hold of Connor’spersonal information.As a result of the allergic reaction to the

medication, Connor’s lungs were severelydamaged and he still has difficultybreathing. He is unable to participate incertain sports which he previouslyenjoyed. Connor’s mother is suing thehospital for the damages he suffered andcontinues to suffer.

ISSUEAre Dr. Anna Stesia and Central

Treatment Hospital liable for the injuriessuffered by Con Cushion?

WITNESSESFor the PlaintiffConnor (Con) CushionAlly (Al) Urgies

For the DefenseDr. Anna StesiaJohn Identity

WITNESS STATEMENTSTestimony of Connor (Con) CushionMy name is Con Cushion. I am 12 years

old. On November 29, 2018, I was at theTrip and Step Hotel with some of myfriends. We sometimes go there afterschool because they have a really cool icecream shop. While I was there, I trippedand hurt my head. My friends called 911and before I knew it, I was in anambulance on the way to CentralTreatment Hospital. I was scared as I hadnever been in a hospital before. My friendsalso called my mom and she was going tomeet me there.When I got to the hospital, I was rushed

to the emergency room. I gave the doctormy name and date of birth. She said shewas going to give me medicine to preventinfection. I started to scream at her not togive me any drugs without my mom. Iknow I have severe allergies to certaindrugs, although I’m not sure what theyare. Doctor Anna Stesia was not payingattention to me. I tried to explain aboutmy allergy, but she didn’t listen. Of course,my records say I have allergies and Icouldn’t possibly have any records in thathospital. She kept telling me not to worryand that it would be okay. Suddenly, I

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18 MOCK TRIAL EXERCISES h GRADES 3–6

couldn’t breathe. I felt like something waspressing on my chest and I couldn’t getany air. The doctor saw that I was indistress and tried giving me oxygen. Itdidn’t help. My mother arrived at thehospital while I was struggling to breathe.She recognized right away that I washaving an allergic reaction. When sheconfronted the doctor, the doctorexplained that my medical records frommy prior hospital admission specificallystated that I had no allergies. I don’tunderstand what they were talking about. Ihad never been hospitalized before!Eventually, it became clear that I was a

victim of identity theft. Doctor Anna Stesiawas clearly negligent in refusing to listento me when I told her that I was allergicand NOT to give me medication before mymother arrived. As a result of hernegligence, I continue to have troubletaking deep breaths and am unable toparticipate in many sports that I enjoyed. Imay never get better! If only the doctorhad listened to me.

Testimony of Ally (Al) UrgiesMy name is Ally Urgies, but my friends

call me Al. I am the mother of ConCushion. Con has had serious allergies tosome forms of medication and I am verycareful to make sure he does not receivethese drugs. The information is included inhis school records and the medical recordsof any doctor that has treated him.On November 29th I received a phone

call from one of Con’s friends alerting methat he had been rushed to the hospitalafter a fall at the Trip and Step Hotel. Irushed to the hospital where Con was ingreat distress and having troublebreathing. I saw an open bottle ofmedication on a tray beside his bed. I was

appalled! How could Doctor Anna Stesiahave administered this medication to myallergic son? Hadn’t Connor informed herof his allergy? Doctor Anna Stesia informedme that according to Connor’s medicalrecords on file in the hospital, Connor hadno allergies. I was completely baffled.Connor’s medical records clearly state hisallergy and he had never been a patient inany hospital before this. Apparently,someone obtained Connor’s informationand used it to receive medical treatment atCentral Treatment Hospital. The hospitalsays that I should have received astatement from my insurance companydetailing the services they paid for for thisother person and that should have alertedme to the problem. I don’t remember everseeing such a statement. Besides, the bills Isometimes get from them are so confusingthat as long as I don’t owe any money, Iam not concerned.I don’t know why Doctor Anna Stesia

didn’t listen to Connor. Because of herfailure to do so, he was required to stay inthe hospital for a week instead of for a fewhours. He still suffers the effects of thewrongfully given medicine today. It isheartbreaking to see him unable to run onthe basketball court with his friends like heused to.

Testimony of Doctor Anna StesiaMy name is Doctor Anna Stesia and I am

an emergency room physician at CentralTreatment Hospital. I am a graduate ofNew York University Medical School andhave been working at Central TreatmentHospital since my graduation five yearsago. I have an excellent reputation andpride myself on the medical care I give tomy patients.On November 29, 2018, Connor

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19MOCK TRIAL EXERCISES h GRADES 3–6

Cushion was brought into the emergencyroom after injuring his head in a fall. Hegave his name, birthdate and SocialSecurity number which, following standardhospital procedure, was entered into thehospital computer. His hospital recordfrom an admission six months earlierappeared and indicated that he had noallergies. I evaluated his condition andagain, following standard hospitalprocedure in cases of head injury,administered a shot of medication. Connordid scream at me not to administer thedrug without his mother’s presence, but Ithought this was typical behavior for achild nervous about getting a shot. I wasn’tconcerned about an allergic reactionbecause his hospital records from sixmonths earlier said he had none. I wasshocked when his mother arrived and toldme he was allergic. I feel terrible forConnor but I am not responsible for hisinjuries. I did not deviate in any way fromthe standard of care accepted in themedical community.

Testimony of John IdentityMy name is John Identity and I am

employed in the records department ofCentral Treatment Hospital. I have workedthere for the last 10 years. It is myresponsibility to input patient informationinto the hospital computer system and tomaintain the privacy of those records asrequired by law. In accordance withhospital procedure, anytime a patient isadmitted certain forms must be completed.The information provided includes name,date of birth, Social Security number,insurance coverage, allergies, andmedications. According to our records, 12-year-old Con Cushion was admitted toCentral Treatment Hospital in May, 2018

for a leg injury. He provided all therequested information and stated that hehad no allergies. His bill for the servicesrendered was paid in full by his insurance.Con would have had to show proof of hisidentity at the time.I am shocked that when Con Cushion

was admitted to the hospital in November,he claimed to have no allergies. To the bestof my knowledge, this has never happenedin this hospital before. We always rely onthe records from prior admissions to savepatients the trouble of filling out all theinformation again. If Con was the victimof identity theft, he or his mother shouldhave discovered it before November. Iknow that insurance companies sendstatements to their insureds of all billspaid. Ally Urgies should have reviewed herstatement and picked up on the fact thatthe insurance company paid for servicesthat Con never received.

INSTRUCTIONSThe plaintiff must prove, by a

preponderance of the evidence, that thedefendants deviated from the acceptedstandards of care in the medicalcommunity, causing them injury.

SUB-ISSUES1. Should Al Urgies have been aware from

health insurance bills that Con’sidentity had been stolen?

2. Should Doctor Anna Stesia havelistened to Con when he told her notto give him medication before hismother arrived?

3. Was Doctor Anna Stesia justified inrelying on the medical records?

4. Was Con responsible for his owninjuries for failing to wear a braceletidentifying his allergies?

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20 MOCK TRIAL EXERCISES h GRADES 3–6

CONCEPTS1. Negligence.2. Proximate cause.3. Damages.4. Burden of proof: preponderance of

evidence.5. Credibility of witnesses.

LAW1. Medical malpractice occurs when a

hospital or doctor through a negligentact or omission causes injury to apatient.

2. A patient has the right to expect thathealth care professionals will followthe standard of care that would begiven by a reasonably prudent healthcare professional under similarcircumstances.

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21MOCK TRIAL EXERCISES h GRADES 3–6

INDIANA DRONES ANDTHE PROPERTY OF DOOMDRONES V. ERR

SCHOOL

Glenwood Elementary

Short Hills

Grade 4

Honorable Mention

TEACHER

Kate Naso

Chloe BenjaminSamantha CalanogAnthony Cassano Jr.Richard ChenCathy DuEthan Kim

Teo LevinHayden MoonEugene ShenNoah SniderOron WangIan Xu

STUDENTS

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22 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn September 26, 2018, Hurricane Ark

hit Crystal Skull, NJ. The high windsdamaged many trees in the area, includingthe home of Owen Err on Last CrusadeBoulevard. It damaged the tree in his frontyard. The next day Owen Err called TeoTree, the local landscaper. to inspect thetree. Teo revealed that the tree was in badcondition and needed to be choppeddown. He put caution tape around thedamaged tree to warn people away from it.Teo Tree was going to remove it the nextweek.Later that afternoon, 10-year-old

Indiana Drones was flying his drone. Mr.Noah Zee, the busybody neighbor wholives across the street, heard the drone andcame out to see what was happening.When Indiana tried to do some fancymove, he accidentally got the drone stuckin the tree of his next-door neighbor,Owen Err.Indiana climbed over the fence into the

neighbor’s yard and approached the treewhich was surrounded with caution tape.Ignoring the caution tape, Indiana beganto climb. When he climbed about 10 feet,he saw the drone. As he reached out for it,the limb shook, snapped, and crashed tothe ground with the boy. He immediatelyfelt pain in his leg and his head. Indianascreamed in agony.Fortunately, Mr. Noah Zee, who saw the

whole thing, called 911. An ambulancecame and Indiana Drones was taken to thehospital emergency room. They took an x-ray of his leg and found it was broken.They put a cast on his leg and gave him sixstitches in his forehead.The family is now suing Mr. Owen Err

because his damaged tree caused theinjuries to Indiana Drones.

ISSUEIs Mr. Owen Err responsible for Indiana

Drones’ injuries, even though the boytrespassed on his property?

WITNESSESFor the PlaintiffIndiana DronesNoah Zee

For the DefenseOwen ErrTeo Tree

WITNESS STATEMENTSTestimony of Indiana DronesIt was a beautiful afternoon. So I decided

to take my Tello drone for a spin. I askedmy mom if I could go out. After she saidyes, I went outside. The wind was fine forflying the small drone. It went up anddown, up and down. I moved it forwardand it got closer to my neighbor’s yard. Itried to do some fancy move, but ended upgetting my drone stuck into Mr. Owen Err’stree. I paid for the drone myself and it costaround $200. It was my prized possession,so I had to get it back. Also, if I came homewithout it, I would get in big trouble.So even though I had trespassed many

times, and I know Mr. Owen Err didn’t likeme on his property, I still went to get it. Iclimbed over Mr. Owen Err’s fence into hisyard and snuck to the tree. It wassurrounded by caution tape, but I didn’tsee what the danger was, so I startedclimbing the tree. I climbed to about 10feet to the limb my drone was on. I lungedfor the drone. Crack! The limb fell and Iscreamed in pain. My head hit a rock andmy leg was twisted. I couldn’t movebecause of the pain in my leg and bloodwas pouring from my head. My drone was

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23MOCK TRIAL EXERCISES h GRADES 3–6

lying on the ground next to me allsmashed up. Mr. Noah Zee heard mecrying and called an ambulance.At the hospital, they put stitches in my

head and put a cast on my broken leg. Iwish Mr. Owen Err had a sign telling methe tree was dangerous! I wouldn’t haveclimbed it if I knew that!

Testimony of Noah ZeeMy name is Noah Zee. That day I was

eating lunch when I heard a slight buzzingnoise, so I went outside to see what wasgoing on. I love to know what’s going onin the neighborhood. It turned out thatyoung man, Indiana Drones, was flying hisdrone again. He is such an adventurouskid!It looked like a good shiny new drone. I

watched the wind pick up the drone and itgot stuck in a tree. I was going to help himget it out of the tree, but he jumped thefence so fast and was climbing the tree inno time. There was caution tape aroundthe tree, but the tree looked fine andsturdy. I started to go to help him and Iheard a crack and a scream. I saw Indy onthe ground with his leg twisted. I called911 ASAP. The ambulance came and tookhim away. I felt sorry for him getting hurt.

Testimony of Owen ErrOn September 26, 2018, Hurricane Ark

struck my hometown. It damaged the treein the front yard, so the next day I calledTeo Tree, an expert landscaper, to come tomy house to check my tree. Teo Tree putcaution tape around the damaged tree andsaid he would come back next week toremove the damaged tree.That afternoon I was sitting in my living

room, just peacefully eating my donut andwatching the news. I heard that annoying

kid, Indiana Drones, flying his droneagain.I ignored him and went back watching

the news. I thought he was smart enoughto pay attention to the caution tape and becareful, but apparently he wasn’t. He stillclimbed the tree to retrieve the drone. It’shis own fault that he got hurt. I dideverything I should have as a homeownerto ensure my property was safe. Indianashould not have trespassed. If he had notignored the caution tape to climb the tree,he would not have been injured.

Testimony of Teo TreeHurricane Ark hit Crystal Skull, NJ with

such high winds that it damaged manytrees in town. I got lots of calls fromdifferent people that wanted to get theirtree inspected. I remember I was called tocheck on Owen Err’s property. He had onetree that lost branches and seemedunstable. I followed the Crystal Skull TownCode #461, which is to put caution tapearound the damaged area. I made anappointment with Mr. Err to remove thetree the next week.A few days later I heard that a child had

trespassed, ignored my caution tape,climbed the damaged tree, and had fallen.Owen Err is not responsible for this boy’sactions. I followed the town code that wasrequired after a tree was inspected andfound damaged. Mr. Err is not at fault.

INSTRUCTIONSThe Drones must prove by a

preponderance of the evidence that thedefendant Owen Err was negligent andthat the defendant’s negligence causedIndiana’s injuries. The Drones want OwenErr to pay for all medical expenses and thecost of the drone due to the accident.

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24 MOCK TRIAL EXERCISES h GRADES 3–6

SUB-ISSUES1. Why did Indiana Drones fly his drone

on Owen Err’s property?2. Why didn’t Indiana Drones tell an

adult to help him get his drone downfrom the tree?

3. Even though Owen Err followed towncode, should he have taken betterprecautions for his damaged tree?

4. Should Indiana Drones have trespassedon Owen Err’s property?

5. If Indiana Drones had not ignored thecaution tape, would he have beeninjured?

CONCEPTS1. Contributory negligence.2. Negligence.3. Trespassing.4. Preponderance of the evidence.5. Damages.6. Parental responsibility.

LAW1. Contributory negligence is the failure

of an injured plaintiff to act prudently,considered to be a contributory factorin the injury suffered, and sometimesreducing the amount recovered fromthe defendant.

2. Negligence is a failure to exerciseappropriate care expected to beexercised amongst specifiedcircumstances. The area of tort lawknown as negligence involves harmcaused by failing to act as a form ofcarelessness possibly with extenuatingcircumstances.

3. Trespassing means entering onto landwithout the consent of the landowner.

4. Crystal Skull Town Code #461 statesthat damaged trees only need cautiontape around them until they can beremoved.

BIBLIOGRAPHY1. https://store.dji.com/shop/tello-series2. https://www.mayoclinic.org/diseases-

conditions/broken-leg/...treatment/drc-20370416

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25MOCK TRIAL EXERCISES h GRADES 3–6

BREAKING POINTSTATE V. LAW

SCHOOL

Yeshivat Noam

Paramus

Grade 5

First Place

TEACHER

Margi Saks

Noam BielerYoni BodoffZachary CohenEliezer DimbertAri GoffsteinJacob GoldinDovi HeidingsJonathan KaplanAmitai KesslerAdiv Korn

Gabriel MelnikovSammy MohlSam ResnickGavriel SaksSaadya SchulderTani ShieldsEli SteinIlan SugarmanNoah Weiss

STUDENTS

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26 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSMurphy Law, a seventh-grader, had just

moved to Thomas Jefferson School inEdison. He wasn’t nervous because he hada lot of friends in his former school andmade friends easily. On the first day at hisnew school, Murphy went to his class andsat down in his seat. Every time Murphylooked down at his work, he feltsomething hit his back. He turned aroundand saw Tony Tormentor throwing paperballs at his back. Every time the teachersaw this, she would quickly look away.The next two months were like this for

Murphy until he snapped. On November21 Tony Tormentor was walking aroundthe classroom screaming in people’s ears.The teacher told him to leave but beforehe left, he walked up to Murphy, stoppedand screamed so loud it seemed as if thewindows were going to shatter. Murphylooked furious and fed up. The classstarted chanting “Murphy, Murphy,Murphy,” cheering him on once they sawhis fists go up. The class knew somethingwas about to happen and was rooting forthe underdog.Then, in what no one could have

expected, Murphy, with arms extended likeloose cannons, hit Tony Tormentor directlyon the nose, shattering it in three places.The class started freaking out when theysaw blood everywhere and Tony laying onthe floor and crying. Murphy lookedshocked. The teacher restrained the boysand called the nurse. The state has chargedMurphy for assaulting Tony in theclassroom.

ISSUEIs Murphy guilty of assaulting Tony

Tormentor?

WITNESSESFor the ProsecutionTony TormentorMrs. Sees

For the DefenseMurphy LawTyler Spectator

WITNESS STATEMENTSTestimony of Tony TormentorI am Tony and I was having a really bad

day on November 21. My lunch fell off ofmy lunch tray and I did not have enoughmoney to pay for seconds. I forgot to domy homework the night before and had tocomplete it during morning recess. I wasreally angry so I screamed. Screaming helpsme get out my anger. Screaming does notphysically hurt anyone. I happened to bestanding next to Murphy. So I screamed inhis ear, but that does not mean it is OK forhim to break my nose. There is a rule inthe school and in the State of New Jerseythat no one is allowed to punch or hitanyone else. Murphy broke the law andmy nose! I did not bully him. I nevertripped him or threw things at him. I amso embarrassed to have all this tape all overmy nose. I look awful. Murphy caused mea lot of physical and emotional trauma. Hewronged me and should be punished.

Testimony of Mrs. SeesI am the teacher of Tony’s and Murphy’s

class. Tony is a very nice boy. He washaving a very bad day. He had to finish upsome homework during the morningrecess. During the afternoon recess, theboys would not include him in their gameof basketball. Murphy was in charge of thegame and did not let him play. This is thesame Murphy who shattered Tony’s nose.

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27MOCK TRIAL EXERCISES h GRADES 3–6

I saw Tony was having a hard time andhe started screaming. Screaming, althoughinappropriate in the classroom, is a safeway to get out his frustration and anger. Iasked Tony to leave the classroom and takea walk around the school to calm himselfdown. On his way out, he gave one lastscream in Murphy’s ear. Instead of Murphyunderstanding the tough time Tony washaving, he punched and broke his nose.Murphy should be responsible for theinjury he caused Tony.

Testimony of Murphy LawI am a new student at Thomas Jefferson

School. Tony has been tormenting mesince the beginning of the year. Fromcalling me names like “Murphy the Smurf”to tripping and throwing stuff at me. Healways does this in a sneaky, quiet way andkisses up to the teacher so she thinks he isan angel. I told the teacher what Tony doesto me, but she doesn’t do anything. Thiswas the last straw. This was not an act ofanger, this was not assault, this was self-defense. Tony was screaming in my ear. Hewould not stop screaming. Why is itunderstandable for Tony to scream in myear because he had a bad day and notunderstandable for me to defend myselffrom his bullying me.

Testimony of Tyler SpectatorI saw the whole thing. Tony has been

throwing paper balls and calling Murphynames ever since he arrived at thisschool. Tony screamed loudly in people’sears. The teacher told him to leave theclass but he did not. Then he yelled inMurphy’s ear. Tony started the screaming;Murphy just had enough of it. Murphythen punched him and shattered his nose.Murphy looked shocked and told him he

was sorry. Anyway, I totally think Tonydeserved it. While he bullied Murphy themost since he was the new kid, he wastormenting everyone for years, includingme.

INSTRUCTIONSThe prosecution must convince the jury

beyond a reasonable doubt that Murphy isguilty of assault for breaking TonyTormentor’s nose.

SUB-ISSUES1. Did Murphy tell any adults that Tony

was bullying him?2. Did Mrs. Sees see that Tony was

bullying Murphy?3. Was the teacher showing favoritism to

Tony at the expense of Murphy’ssafety?

4. Was the punch in self-defense?5. How did the school deal with Murphy

after the incident?6. Did Tony purposely scream in

Murphy’s ear or just passed him as hewas leaving the classroom?

CONCEPTS1. Beyond a reasonable doubt.2. Credibility of the witness.3. Assault and battery.4. Simple assault and aggravated assault.

LAW1. 2013 New Jersey Revised Statutes Title

2C–THE NEW JERSEY CODE OFCRIMINAL JUSTICE Section 2C:12-1–Assault.

2. 2C:12-1. Assault. a. Simple assault. Aperson is guilty of assault if he:Attempts to cause or purposely,knowingly or recklessly causes bodilyinjury to another; …

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28 MOCK TRIAL EXERCISES h GRADES 3–6

3. New Jersey Statutes (Disorderly PersonsOffense): Simple assault is a disorderlypersons offense punishable by up to 6months in jail and/or a maximum$1,000 fine.

4. Although assault and battery aretechnically different, The State of NewJersey will charge you with aggravatedassault due to causing bodily injury ifyou committed a criminal battery.Battery requires physical touching.

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29MOCK TRIAL EXERCISES h GRADES 3–6

THE GREAT LIGHT FIGHTNATALIA JOY V. TOWN OF LUMIERE, FL

SCHOOL

Valley View Elementary

Montville

Grade 5

Second Place

TEACHERS

Jessica BurkeCarolyn Ford

Carina BuonsantoAmitha GavvalaVictoria GomesRijul HadawaleNicole HafleyNatalie LovaglioDaniyal MohammedAnisha Mulinti

Cecilia RomaryShaan ShahKarina SiegelChristina Suppa

STUDENTS

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30 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn November 10, 2018, the town of

Lumiere, FL passed an ordinance thatlimits the amount of decorations on theoutside of residential property. Specificallythe ordinance states, on each property,there will be no more than 1 inflatabledecoration; no music or sound system; noblinking lights; lighting limited to 1 stringof lights or no more than 200 bulbs;decorations at least 10 feet back from theroad; no decorations on the roof.Additionally, the ordinance states thatdecorations may be put up on December1st and must be removed by January 1st ofthe following year.The town council voted for this

ordinance in response to citizencomplaints concerning a specificneighborhood that has, in the past, put upthousands of lights and decorations andplayed music during the Christmas holidayseason. The town claims the excessivedecorations cause stress on local lawenforcement, endanger public safety, andtake away from business in the center ofthe town. A local resident, Natalia Joy, who also

owns a business in town, is suing the townclaiming that the ordinance is harmful tothe development of the town communityand violates the First Amendment Right tofreedom of religion and freedom ofexpression. She feels this interferes withher pursuit of happiness, anotherAmerican right.

ISSUEIs it legal for the town council to limit

the exterior decoration of personalresidences, particularly decorations relatingto holidays?

WITNESSESFor the PlaintiffNatalia Joy Matthew Fields

For the DefenseMayor Morris BlokkerLillian Petite

WITNESS STATEMENTSTestimony of Natalia JoyHi. My name is Natalia Joy. I am a

longtime resident of Lumiere and I own asmall holiday business in town calledJoyful Holiday Decor.In my store I sell a lot of holiday

decorating supplies, indoor and outdoor,so I think the traffic these displays bring totown help my business...a lot! Like manybusinesses, Christmastime is my mostprofitable season. Without the lights, Iwon’t have a successful business. If thetown limits the decorations people can putup, my store will lose a lot of business. I have been in business here for many

years and enjoy being part of the businesscommunity and helping this town to grow.However, I believe that this law will cut mysales by approximately 40%; this couldruin my store!I believe the lights bring joy to our

town; they attract people to town.Everyone looks forward to this time ofyear! I feel that this ordinance is targetingthe Christmas holidays, as it only limitsdisplays in the month of December, andthat is unfair to Christians who like tocelebrate their faith with displays.Also, as a resident, I enjoy living in a

town where people can share their holidayspirit. When I’m having a bad day, thelights and music cheer me up. When I putup lights at my house, it attracts people to

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31MOCK TRIAL EXERCISES h GRADES 3–6

my neighborhood. I love that people cometo see the displays and visit; I’ve met a lotof people because of the displays and mademany friends.I think activities like this help to bring

our community together and help us all todevelop pride in our town. This is why thisordinance is wrong for our town.

Testimony of Matthew FieldsMy name is Matthew Fields and I am the

coordinator for the town’s recreationdepartment. As a Christian, I believe it isappropriate to celebrate the holidays byputting up lights and decorations. That isan important right in America; the abilityto practice our religion as we want. Every year my family decorates with

lights, a tree with “snow,” and a beautifulnativity scene on the front lawn. We enjoycreating our display every year; the wholefamily participates in the planning anddecorating. It’s become a family traditionthat my children look forward to more andmore every year. And remember, we live inFlorida. If we don’t put up displays toremind ourselves of the season, we mightforget about the wonder of snow, fir trees,Santa, and reindeer!Our family just loves to get creative and

share our joy for the season on our ownproperty. Isn’t that the American way? Webought our own house and practice ourreligion on our property; what is wrongwith that? And, even if it’s not aboutreligion, isn’t it our right to share whatbrings us joy with others...on our ownproperty? It doesn’t make sense that Ishouldn’t be able to decorate my propertysimply because other people want to comeand enjoy it. I believe that would be theright to freely express ourselves...isn’t thatin the Bill of Rights too?

Also, I think that community activitieslike these have actually raised propertyvalues in our town. When we do thingslike this as a town, we build ourcommunity, we get to know our neighbors,we look out for one another and becomefriendly. Because of events like this, crimeis going down. Our community is like onebig family, you can feel it! It’s made ourtown so welcoming and that has raised ourproperty values. People want to live in atown that shares traditions openly andrespectfully.My wife Noelle is the principal at the

local elementary school. She tells me allabout how the kids at school get so excitedduring the holidays and how much theschool community benefits from thepositive spirit in town. In her school, theydecorate their classrooms, sing holidaysongs, and support the local Toys for Totscampaign. These are holiday-basedactivities, is the town going to limit themtoo? That certainly wouldn’t be right.It’s such a wonderful feeling to live in a

community like this, where we all shareour holiday spirit so openly. Most familiesI know just love it; you can feel thehappiness!When people come to see the

decorations in our town, I see smiles ontheir faces. That’s the spirit of the season;that’s the spirit of community, and that’swhy this ordinance clearly limits our rightsas Americans to express our beliefs and topursue happiness.

Testimony of Mayor Morris BlokkerMy name is Morris—most people call

me Morrie—Blokker; I am the mayor ofLumiere. I support this ordinance becauseit addresses many problems that occur inour town as a result of excessive

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32 MOCK TRIAL EXERCISES h GRADES 3–6

decorations around the holidays. One issueis that some of our businesses are actuallylosing money because of the excessivedecorations. Apparently, everyone bypassesthe center of town where our stores arelocated, and goes straight to theneighborhoods with decorations. Ourdowntown is not mixed in with thesehouses; it’s downtown! Some of thosehouses give out candy, so even our candystore is losing business!Another important reason I think we

need this ordinance is that there is toomuch traffic caused by these displays. Theroads in that area get clogged and no onecan get through. If there were anemergency, first responders could not getthrough and that is a safety hazard thatthe town can and should prevent.Additionally, the large crowds that these

displays attract have caused problems inthe past. They disturb wholeneighborhoods! In fact, last year we beganproviding police assistance to theseneighborhoods because the crowds are soout of hand. Our police officers need todirect traffic so that the people on foot arenot in danger from all the cars. Plus, mostof these people are from out of town; to doour job protecting the citizens of Lumiere,we need to monitor crowds of unknownpeople carefully. This means that ourpolice department has to work overtimebecause these patrols are in addition to ourregular duties. That costs a lot of money!And that’s not the only cost! Last year

we also decided to add mobile lights tomake the patrolman and the pedestriansmore visible at night. This is important foreveryone’s safety, but lights requireelectricity—which is expensive! I think as long as we’re talking about

costs, I should mention that when the

town council was discussing whether ornot we should pass this ordinance, thepublic expense of these displays was onefactor. If these displays are allowed tocontinue without limitations, the townwill have to raise taxes to cover the addedexpenses. By passing this ordinance, wewill not have to ask the taxpayers for moremoney; that’s always a good thing...right?Now I understand that people like

holiday lights and all, but really it’s just tooexpensive and dangerous for a small townlike ours. I am concerned about the well-being of the entire town of Lumiere andthat’s why this ordinance is a good idea.

Testimony of Lillian PetiteMy name is Lillian, you can call me Lil. I

have a boutique in town that sellswomen’s clothing; it’s called The Trend. Ilove what I do, selecting trendy clothesand making the women who shop herelook gorgeous and fashion-forward. It’s sorewarding!Unfortunately, nobody comes to my

shop when those decorations are up!Everyone ignores my shop; they arepreoccupied with seeing the displays!Because people are attracted to thesehomes outside of town, I am losing money.Last year, during the holiday months, mysales were down 25%! Down by 25%during the busiest shopping season of theyear! That’s not good!Each year, these displays get bigger and

bigger; I even heard one of the families hasrequested to be on that TV show, The GreatHoliday Light Fight! Unfortunately, I thinkthis will put a lot of businesses like mineout of business. I don’t think it will begood for our community if that happens—our downtown area will be store-less!More importantly, I believe these

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33MOCK TRIAL EXERCISES h GRADES 3–6

holiday displays violate my rights as anAmerican. I am a Jehovah’s Witness; I donot celebrate any of these holidays:Christmas, Easter, Hanukkah, whatever!Why should people be allowed to disturbmy life and business just because theywant to show off their beliefs? Theseholiday fanatics disrupt the lives of normalpeople like me because they create suchcrazy displays that attract traffic to thewrong parts of town and ruin ourbusinesses. That is unfair to people whofind these displays unnecessary.Finally, as Morrie Blokker mentioned,

the town is going to raise our taxes if thesedisplays continue. I don’t think I shouldhave to pay more money in taxes just sothat some people can show off theirreligious beliefs. This new ordinance is thebest way to protect my rights asguaranteed in the Constitution! And tosave my finances!

INSTRUCTIONSThe plaintiff must prove by a

preponderance of evidence that thisordinance limits the citizens rights tofreely practice their religion, freely expressthemselves, or interferes with theindividual’s right to pursue happiness.

SUB-ISSUES1. Is it fair that this ordinance only

applies to the month of December?Does that mean decorations may beput up in the other months withoutany of these limitations?

2. What if a business wants to put upthese types of decorations? What if abusiness is run from a home?

3. Why do decorations have to be 10 feetfrom the road?

4. Do decorations like these really pose a

“hazard” or put people’s safety at risk?5. Should town council decisions be

influenced by businesses in town?Which businesses should have moreinfluence?

6. Can’t business owners make decisionsto improve sales if needed whenseasons change?

7. How much can the town raise taxes forexpenses like these?

8. Do community activities like thesedevelop community spirit and lowercrime? Is the town council responsiblefor helping to develop communityspirit?

9. Does decorating for the holidaysqualify as a way of “practicing”religion? Or does decorating for theholidays qualify as the American rightto freedom of expression?

CONCEPTS1. Preponderance of evidence.2. Credibility of witness testimony.3. The Declaration of Independence states

that “Life, Liberty and the pursuit ofHappiness” are unalienable rights.

LAWIn the state of Florida, towns are

permitted to regulate displays onpersonally owned property; this is basedon the 9th Amendment which allows localgovernment to decide issues that are notcovered by federal and state laws.Additionally, the First Amendment allowsfor freedom of religion and freedom ofexpression, including the ability to expressyourself or your religion as you please, aslong as it does not interfere with another’srights to do the same.The ordinance passed by the Lumiere

town council specifically states that

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34 MOCK TRIAL EXERCISES h GRADES 3–6

holiday displays on personal property mustmeet specific standards set by the towncouncil or the property owners will besubjected to daily fines. The standardsinclude: there will be no more than 1inflatable decoration; there will be nomusic or sound system; there will be noblinking lights; lighting is limited to 1string of lights or no more than 200 bulbs;decorations must be at least 10 feet backfrom the road; there will be no decorationson the roof; decorations may be put up onDecember 1st and must be removed byJanuary 1st of the following year.

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35MOCK TRIAL EXERCISES h GRADES 3–6

THE CASE OF THEDRONE DISASTERTHE CANT’LIE FAMILY V.TREND WEEKLY MAGAZINE

SCHOOL

Demarest Elementary

Bloomfield

Grade 5

Honorable Mention

TEACHER

Jessica CappelloKaren MagliacanoLorajean Tice

Aria AbalosBenjamin CholetNina FoncelloZaid HamdanHayley JacksonNicholas Johnson

Jongchan LeeMegan LuReese McGowanFiona O’BroinLilah Velez

STUDENTS

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36 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSAt approximately 7 p.m. on July 4,

2018, a reporter for Trend Weekly magazinenamed Jesse Tatum was covering a privatefireworks show at Snobby Shores CountryClub in New Jersey. Her editor, PennyParker, had requested she take pictures ofthe famous singer, Jason Beaver, who wasgoing to sing the National Anthem at theevent.The crowds at the show were very large

and the view of the stage was obstructed.Jesse’s assistant, Kamilla Cammera, wasgoing to fly a drone over the stage wherethey could get an aerial look at thecelebrity. The area to the left of the stagehad been taped off earlier in the day by thestaff at Snobby Shores to ensure guestsafety. Jesse and Kamilla stepped throughthe tape to gain better access to the stage.As Jason Beaver finished his song,

fireworks were to be set off to begin thecelebration. Kamilla Cammera wasunaware of this and wasn’t able to removeher drone out of the area fast enough. Afirework hit one of the drone’s propellers,sending it tumbling down through the sky.At the same time, five-year-old Cristian

Cant’lie was bouncing a tennis ball and itrolled into the restricted area. Cristianfollowed the tennis ball behind the ropesthat surrounded the restricted area. Mrs.Cant’lie, Cristian’s mother, had justreceived a phone call from her boss. Thenoise from the fireworks left her unable tohear clearly and she stepped away to takethe call, leaving Cristian with her goodfriend, Amanda Springs. Mrs. Cant’liecame back just in time to see a dronetumbling down toward her unsuspectingson and he was struck in the head.Cristian incurred several lacerations on

the forehead along with a mild concussion

and was taken to Mountainview Hospitalwhere he was treated for his injuries. TheCant’lie family is suing Trend Weekly for allof their son’s medical bills.

ISSUEWas Trend Weekly’s reporter’s and her

assistant’s negligence and disregard forposted warnings directly responsible forthe injuries suffered by Cristian Cant’lie?

WITNESSESFor the PlaintiffMrs. Cant’lieCristian Cant’lie

For the DefenseJesse TatumKamilla Cammera

WITNESS STATEMENTSTestimony of Mrs. Cant’lieMy name is Elizabeth Cant’lie. My son

and I were going to the Fourth of Julycelebration at Snobby Shores CountryClub. I brought a ball for Cristian to playwith in case he got bored while JasonBeaver was singing. He was playing withhis ball when I received an importantphone call from my employer. I answered,but couldn’t hear him well because of allthe noise. So, I stepped out to take the call,leaving him with my friend, AmandaSprings. His ball rolled into the restrictedarea, and he ran to get it. The fireworksstarted going off, and one of them wentsideways and hit a drone that KamillaCammera was flying for Trend Weeklymagazine. The drone fell onto my son, andas a result, he incurred a mild concussionand many bruises and scratches. I am suingTrend Weekly magazine for flying theirdrone too close to the fireworks and

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37MOCK TRIAL EXERCISES h GRADES 3–6

injuring my son. I want them to pay forhis hospital bills as well. This should neverhave happened! I am lucky that he wasn’tmore seriously injured.

Testimony of Cristian Cant’lieMy name is Cristian Cant’lie. At the

time of this incident, I was just tossing mytennis ball around. It then rolled into apatch of grass by a place surrounded byyellow tape. I ducked under the tape, andpicked up my ball. All of a sudden, fromthe sky above, I heard a loud BOOM! Ilooked up to the sky. I saw a bright flashfrom above. People started to scream. Icould not hear what the people wereyelling, so I stayed where I was. It justlooked like another awesome firework.Why were they going crazy?Then, whoosh! A weird-looking plane

came down and hit me on the head. Idon’t remember that much, but I doremember my head hurt a lot. I alsoremember seeing bright blue and red lightscoming towards me and very loud sounds.I was getting a terrible headache. Irecognized my mom’s voice. She didn’tseem calm, though. She was yelling andcrying. I was getting dizzy and tired. Somany people were surrounding me, andmost were wearing white with red plussigns on them! I dozed off and, when Iwoke up, I was in a hospital. I had a bigBand-Aid on my forehead. It hurt a lot!

Testimony of Jesse TatumMy name is Jesse Tatum. On the day in

question, I was instructing my assistant,Kamilla Cammera, on where to fly thedrone. We were aiming on trying to get acloseup view of pop superstar Jason Beaver.What we didn’t know, was that theRecreational Department that was running

the show was planning to start thefireworks right after the song. We thoughtwe could fly the drone right above thestage without causing trouble. After thefinal verse of the song, I heard a loud crack!I saw our drone was on fire and waswobbling uncontrollably in the air. It camedown fast and flew into the crowd. We sawpeople running around and screaming.When we got to the scene, I saw a little

boy lying on the ground. He wasunconscious and had several cuts andbruises on him. I got very nervous, and Ifeared that our drone had hit the little boyand badly hurt him.This was fully Mrs. Cant’lie’s fault for

being unaware of her child’s whereabouts.I cannot believe she left her young sonunattended in a large crowd during such abig event! There was yellow tape all aroundthe area he was in! Why didn’t he knowthat the tape meant danger? Didn’t thismother teach her son anything aboutstaying safe? My company is in no way atfault for this incident!

Testimony of Kamilla CammeraMy name is Kamilla Cammera. I was

responsible for flying the drone close toJason Beaver to get a picture of him. I wassimply following my instructions, and theowner of Snobby Shores did give me asmall sum to fly my drone. When Jasonwas done singing, they shot the fireworksright away, and I didn’t have time to flymy drone back to the ground safely. Ididn’t know that they would set them offright after the show because the owner ofSnobby Shores did not mention this to uswhen we originally spoke.I believe Mrs. Cant’lie was irresponsible

for not taking care of her child. If she hadbeen supervising him, her child would not

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38 MOCK TRIAL EXERCISES h GRADES 3–6

have run off into the restricted area orgotten hurt. It is Mrs.Cant’lie’s fault forbeing careless about her child’s safety andTrend Weekly should not have to help payfor medical costs.

INSTRUCTIONSThe plaintiff must prove by a

preponderance of the evidence that TrendWeekly’s negligence and recklessnessdirectly caused Cristian Cant’lie’s injuries.

SUB-ISSUES1. Was Mrs. Cant’lie negligent by leaving

her child during a crowded concert andfireworks display?

2. Was Snobby Shores Country Clubnegligent in not informing Jesse Tatumand Kamilla Cammera that they wouldstart the fireworks immediately afterthe song?

CONCEPTS1. Contributory negligence.2. Parental responsibility.3. Damages.4. Negligence.5. Causation.

LAW1. Danger Signs Notice Act: Posting signs

at your establishment that make yourcustomers and employees aware ofyour policies or the law.

2. Tort Law: A child under seven cannotbe deemed negligent in his/herbehavior.

3. Causation (tort law): In order to findthe defendant liable, you must find thedefendant’s negligence was aproximate cause of the injury.

4. Contributory Negligence: A doctrine ofcommon law that if a person was

injured in part due to his/hercontribution to the accident, theinjured party would not be entitled tocollect any damages from anotherparty who supposedly caused theaccident.

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39MOCK TRIAL EXERCISES h GRADES 3–6

BLACK V. WHITEMANAND THE LOS ANGELESPOLICE DEPARTMENT

SCHOOL

Luis Munoz Marin School for Social Justice

Newark

Grade 6

First Place

TEACHER

Bridget S. Charles

Mariya CarloRoselynn Lopez-ErazoTanae MeeksAllessa MinaZuleika PayampsLesly TorresShelsea ValleDaniel VallejoNataysia Williams

STUDENTS

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40 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSOn Thursday, March 8, 2018, a married

black couple, Marquise Black and DiamondBlack, were driving to a fancy restaurantnamed Titanic in Los Angeles to celebrateDiamond’s 24th birthday. In the car,Diamond thought her hair looked messy,so she tidied up her hair. As she was doingso, her Transformable Hair Brush Three-in-One fell onto the floor of the car just asthey got pulled over by Police OfficerLillian Whiteman. Marquise did notunderstand why he was being pulled over,when just yesterday he went to the MotorVehicles Inspection Center, and they saidthat the car was perfectly fine.They had been riding along in the car,

talking and laughing, when suddenly theysaw flashing lights behind them, and knewit was the police. Marquise pulled the carover onto the shoulder of the road. Hewondered what he had done to be pulledover. As he waited for the officer toapproach the car, Marquise being agentleman, and knowing that the brushwas on the floor, bent down to pick it up.As he picked up the brush, Police OfficerWhiteman asked for Marquise to step outof the car. Marquise still had the brush inhis hand as he obeyed the police officer’scommand. Officer Whiteman said shethought the brush was a gun, so she pulledout her service revolver and shot MarquiseBlack straight into the chest with noquestions asked.Officer Whiteman called the ambulance

through her Baofeng BF-S112 Two-WayRadio Speaker, stating “We have someonelying shot outside a car.” The ambulancecame straightaway and rushed Marquise tothe hospital. He was bleeding profusely,and had to be taken into surgeryimmediately for an emergency operation.The surgeons had to make a quick

decision, so they put Marquise in a comato stabilize his vital organs, and keep himalive. When Marquise emerged from thecoma, he was paralyzed from the waistdown, and the doctors said he wouldremain that way for the rest of his life. Mrs. Diamond Black is suing for $5

million to pay for her husband’s medicalexpenses. She is asking for additionalsensitivity training for LAPD PoliceOfficers. Mrs. Black is also demanding thatOfficer Lillian Whiteman be fired from theLos Angeles Police Department, and for hernever to be allowed to work as a policeofficer again.

ISSUESDid the police officer shoot Mr. Black

because of his skin color?Was the gun faulty?

WITNESSESFor the PlaintiffDiamond Black James Robinson

For the DefenseOfficer Lillian WhitemanMichael Stevens

WITNESS STATEMENTSTestimony of Diamond Black My name is Diamond Black and I am

here fighting for my husband’s rights andjustice. My husband, Marquise Black, wasin a coma for six weeks, and now he isparalyzed for life. This has damaged ourquality of life severely. My husband and Iwere planning to have children, and nowthat may not even be possible. Even if wehave a child in the future, Marquise cannever be a “normal” dad—running aroundwith his child at the park, or evendropping off and picking up the child from

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41MOCK TRIAL EXERCISES h GRADES 3–6

school. There are so many things thatMarquise can never do. Truthfully, I can nolonger have a happy life with my husband,all because of the color of our skin. I amdemanding justice today!On Thursday March 8, 2018, my

husband and I were on our way to theTitanic restaurant to celebrate my 24thbirthday. I believed my hair seemedhorrible at the moment, so I leaned over tograb my Three-in-One Transformable HairBrush out of my purse. However, itaccidentally fell onto the floor of the car.All of a sudden, my husband was pulledover by a white police officer namedLillian Whiteman. He and I did notunderstand why we were being pulled overwhen just yesterday he had gone to theDepartment of Motor Vehicles to makesure the car was in perfect condition.The reason we got pulled over wasn’t

because of the car, it’s straightforwardlybecause of our skin tone. My husbandrealized that my hairbrush was still layingon the floor, so being a gentleman, he bentover and picked it up. Once he picked upthe brush, Officer Lillian Whiteman askedhim to get out of the car. My husbandattempted to follow the directions, but hestill had the brush in his hand. Suddenly,the officer shot my husband in the chest,and that was a horrible experience towitness. That was the worst day of my life.Officer Lillian Whiteman claims that she

is innocent, but she is not. She shot myhusband in cold blood at point blankrange. What she did after shooting himwas calmly call the ambulance saying theseexact same words,“We have someonelaying shot outside a car,” through herradio speaker. The ambulance came andrushed Marquise right away to thehospital. The doctors asked for my consentfor him to go straight into surgery and I

said yes, so I said my goodbyes. I alsoagreed that it would be best if they puthim into a coma to allow his internalorgans to absorb the shock as a result ofthe shot, so they did. My husband was putinto a coma for six weeks. When Marquisewas brought out of the coma, the surgeonstested him extensively. They said that hewould be paralyzed from the chest downfor the rest of his life. Consequently,Officer Lillian Whiteman and the LAPD areresponsible for my husband’s injuries, andmust make retribution.I am suing for $5 million for my

husband’s medical expenses and punitivedamages. I am demanding for Officer LillianWhiteman’s badge to be taken away by theLos Angeles Police Department, and that allpolice officers must receive sensitivitytraining regarding racial profiling. I alsodemand that Lillian Whiteman is neverallowed to be a police officer againanywhere in the United States of America.

Testimony of James Robinson My name is James Robinson, and I am a

paramedic at Mountaintop Hospital. OnMarch 8, 2018, my partner and I hurried tothe scene of a shooting on SR (State Road)170: The Hollywood Freeway. When wegot there, we realized that a police officerwas involved. As a matter of fact, OfficerLillian Whiteman had shot a motoristnamed Marquis Black. He was losing a lotof blood, so we rushed him toMountainside Hospital. The surgeonsoperated on him immediately, and afterhis emergency surgery, they placed him ina coma so his body could heal.All I know is that Officer Whiteman

kept saying over and over. “He had a gun. Isaw him with a gun.” There were manypolice vehicles and several police officerson the scene by the time I got there. There

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42 MOCK TRIAL EXERCISES h GRADES 3–6

was no gun found at the scene of the sceneof the accident. The wife of the shootingvictim kept saying that her husband didnothing wrong. She said he did not have agun, and that he was just picking up herhair brush from the floor of the car whenOfficer Whiteman shot him. Mrs. Blackkept saying, “Why? Why? Why?” Thepolice officer did not respond to herquestions. From what I could see as Iarrived on the scene of the shooting,Marquise Black’s body was laying half inand half out of the car.

Testimony of Officer LillianWhitemanI am Officer Lillian Whiteman from the

Los Angeles Police Department. I am tryingto make Los Angeles a better, saferenvironment for all. I have never in myfive years of working as a police officer everhad an incident where I have had to shootat an individual. On March 8, 2018 I was being accused

of attempted murder because of Mr. Black’srace. This is absolutely wrong. I had nointention of physically harming MarquiseBlack because of his race. I simply tried tosolve a different case. I got assigned on my Baofeng BF-2112

Two-Way Radio Speaker to a robbery on SR(State Road) 170: The Hollywood Freeway. Iwas informed that the vehicle in therobbery that got away was a Black MercedesBenz on SR 170. The vehicle that Diamondand Marquise Black were in was the samemake and model vehicle as the one that thethieves utilized in evading the police. Dueto the BOLO (Be on the lookout) message, Ipulled over the Blacks’ vehicle. There wasnothing wrong with the car from what Icould see, and again, all I was trying to dowas to apprehend a suspect.I pulled Marquise and Diamond Black

over onto the shoulder of the road. As Istepped out of my police vehicle, I pattedmy gun, the Glock 22, because I had noidea if the occupants of the vehicle werearmed or not. I did not know what toexpect. I asked the driver to show me hislicense and registration. I then realized thatMarquise Black fit the description of therobber that was transmitted over the radio. Iasked for him step out of vehicle. I saw thathe had something in his hand that lookedvery much like a gun. I was standing therethinking he was going to shoot me with it,the way he was holding it.He raised the gun and I thought he was

pointing it at me, and that is when I felt veryscared about what would happen next. Itgets very tricky here, because I don’tremember pulling the trigger. It all happenedso fast. The gun must be faulty, because thenext thing I knew I shot Marquise before hehad a chance to shoot me. When Marquis Black’s body fell onto the

ground, I realized that the gun was just ahairbrush that looked like a gun. Iimmediately called for an ambulance topick him up. I remained calm, andfollowed all the protocols and proceduresthat I learned at the police academy. I felt so badly after the incident

occurred, and I apologize for everything.Everyone makes mistakes in life, and thiswas one of my major mistakes. I don’tthink that the Los Angeles PoliceDepartment should be held accountablefor my mistake, and I don’t think I shouldbe labeled a racist. I take full responsibilityfor my actions, but I should not lose myjob over a mistake. The shooting was notintentional or racially motivated.

Testimony of Michael Stevens My name is Michael Stevens, and I am a

firearms expert. I work at Decreed

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43MOCK TRIAL EXERCISES h GRADES 3–6

Professional Aim in Los Angeles. I amtestifying on behalf of Officer LilianWhiteman. I am familiar with manydifferent types of guns, such as the Glock22, AK-47, SIG Sauer, P226, and manymore guns. In this case, the Glock 22 wasthe gun that was used in the unfortunateincident during a traffic stop on Thursday,March 8, 2018. The gun known as the Glock 22 is a very

sensitive weapon, and when Officer LillianWhiteman was on duty and pulled over amale driver, she got her gun out just incase she had to use it in self-defense.Officer Whiteman had her finger on thetrigger, and when the male picked up whatlater turned out to be a brush, the situationescalated, and the officer quickly reacted.In Los Angeles things can escalate very

quickly, so Officer Whiteman had to makea snap decision. In the tense moment, shemust have inadvertently applied a little bitmore pressure on the trigger, and the gunfired. It happened in a split second, andlike I said before, the Glock 22 is a verysensitive gun. The police have a very toughjob to do, and Officer Whiteman had tomake a difficult decision.

INSTRUCTIONSThe plaintiff must prove by a

preponderance of evidence that OfficerLillian Whiteman failed to perform herduties to protect and serve the public, andthat she shot and paralyzed Marquise Blackdue to racial prejudice and lack of propertraining.

SUB-ISSUES1. Did Officer Whiteman have a valid

reason for pulling Marquise Black over? 2. Is Officer Whiteman prejudiced against

black people?

3. Has Officer Whiteman ever beenbrought up on charges of racialprofiling?

4. Was Marquise Black obeying theofficer’s orders when she shot him?

CONCEPTS1. Police brutality.2. Racism.3. Credibility of witnesses.

LAWThe Alvin W. Penn Racial Profiling

Prohibition Act prohibits police officersand law enforcement agencies fromengaging in racial profiling (CGS § 54-1l et.seq.). This means they cannot stop, search,detain, interdict, or treat people differentlysolely because of their race or ethnicity.And they may not use a person’s race orethnicity as the sole factor (1) indetermining probable cause for an arrest or(2) constituting reasonable suspicion thatan offense was, or is being committed, soas to justify the detention of an individualor an investigatory motor vehicle stop. Thelaw prohibiting racial profiling contains nopenalties for police or law enforcementagencies that violate it. The law requires police departments to

(1) adopt written policies prohibitingdiscriminatory stops, searches, anddetentions and (2) collect and provideannual data on traffic stops, offenses,dispositions, and complaints ofdiscriminatory stops to the AfricanAmerican Affairs Commission and chiefstate’s attorney. Since 2003, the law hasalso required the commission to review thedata and submit annual reports to thegovernor and legislature on the prevalenceand disposition of discriminatory trafficstops and related complaints.

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44 MOCK TRIAL EXERCISES h GRADES 3–6

THE CASE OF THECHOKING CHICKENNUGGETCHASE CHOKEN V.HENRIETTA HEIMLEEK

SCHOOL

Veterans Memorial Middle

Brick Township

Grade 6

Second Place

TEACHER

Elayne Reilly

Katherine AndrasJulianna AzzarelloMadelyn BarreraLuca Buckno

Nathan DevlinArthur EhrmantrautMakenna EllisKayla ElmerSummer ReillyMichael Townley

STUDENTS

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45MOCK TRIAL EXERCISES h GRADES 3–6

FACTSAt Mystery Meat Middle School (aka

“MMM”), the sixth-grade students eatlunch in a large cafeteria. During any givenlunch period, over 200 students are“enjoying” their lunch with a minimum offour teachers supervising and a maximumof 10 teachers supervising. “MMM” isknown by the students for having horriblefood sold in their cafeteria. On September 18, 2018, Chase Choken

forgot her lunch at home and had to buythe school lunch. It was “chicken” nuggetday. Chase Choken sat down with herfriend, Fred Frenchfryz, and started to eatthe chicken nuggets. Within moments,Chase’s face turned pale and her lipsturned blue; she could not breathe. Herhands went to her throat and no soundswere coming out of her mouth. Mrs.Hiemleek, a teacher at the school who wason cafeteria duty, came running to herrescue and performed a lifesavingprocedure known as abdominal thrusts(formerly known as the Heimlichmaneuver) to clear Chase’s airway. Chasespit out the undigested nugget, butsuffered multiple fractured ribs. Chase andher parents are suing MMM for negligence,child endangerment, and for the cafeteria’sinedible food.

ISSUEIs Henrietta Hiemleek responsible for

the fractured ribs suffered by ChaseChoken or is she a hero who saved ChaseChoken’s life?

WITNESSESFor the PlaintiffChase ChokenFred Frenchfryz

For the DefenseHenrietta HiemleekLisa Lunch Lady

WITNESS STATEMENTSTestimony of Chase ChokenMy name is Chase Choken. I am in

court today to sue my school for makinginedible food and for my fractured rib cagefrom one of the staff members, Mrs.Hiemleek. I am in the sixth grade and goto Mystery Meat Middle School, but we allcall it MMM, which doesn’t really makeany sense since the food is so horrible. Ourschool is known for the disgusting cafeteriafood. On September 18, I forgot my lunch,and I had to buy. It was chicken nuggetday. I was starving, so I had to eatsomething. When I was attempting tochew my “chicken” nugget, I startedchoking. My friends were goofing aroundand all six teachers were talking. Finally, ateacher named Mrs. Hiemleek performedthe abdominal thrusts. I managed to stopchoking, but suffered a fractured rib cage. The teachers supervising the lunch

room were being neglectful and ignoredme. Isn’t the point of having teachers inthe cafeteria to keep the children safe? Mrs.Hiemleek is a very strong woman, which isone of the factors of the cause of myfractured rib. After I stopped choking, Ihad to go to the nurse. I was in so muchpain I had to leave school early and go tothe emergency room! There, I got an X-rayand I was told I had multiple fractured ribs.Don’t get me started on how painful the

experience was! Just imagine having to eatgross cafeteria food, and the next thingyou know you can’t breathe! I tried to callfor help, but I couldn’t make a sound!Nobody knew what was going on! I felt somuch pain that day. The worst part was

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46 MOCK TRIAL EXERCISES h GRADES 3–6

that I had to wait for a teacher to noticeme. I couldn’t tell anyone I needed help.After a while, Mrs. Hiemleek came up tome and helped me stop choking, but sheleft me with fractured ribs. Now I can’tplay any sports! So the reason I am in courttoday is to sue Henrietta Hiemleek and theschool for being negligent, serving horriblefood, and leaving me with pain andsuffering.

Testimony of Fred FrenchfryzMy name is Fred Frenchfryz. I am in

sixth grade. I have been here at MysteryMeat Middle School, also known as MMM,for something like two weeks by now. Iwent to the same elementary school asChase, and I have known her since thirdgrade. The food was awesome at ourelementary school, at least compared toMystery Meat Middle School, and as far asI know, there were never any chokingincidents. Chase and I have always sat nextto each other, ever since third grade tonow, and she has never choked on herfood before.I do not know how the school lunch

tastes because I never bought before, but itdoes not look promising. Like, how do youburn AND freeze a chicken nugget at thesame time?! One thing that I can say isthat the lunch lady is not too fond of me. Imay have started a food fight before…sothis whole thing is probably going to beblamed on me when she speaks.When Chase sat down at the lunch

table, I looked at that chicken nugget andsaid, “How do they keep the flies out of thecafeteria? They let them taste the chickennuggets.” Chase started to giggle whileattempting to eat the nugget. I turned myhead for a second, and when I turned backto face her, she was turning blue, and she

was speechless. The teachers sent mestraight to detention because they thoughtthat I made her choke. Although I do getin trouble sometimes, the chicken nuggetwas so bad, it made her choke! When thechicken nugget came out of her mouth, itlooked like a piece of coal.On that day, I personally believe that

Mrs. Hiemleek was extremely roughperforming the procedure on Chase. Theone thing that I did observe is that Mrs.Hiemleek was holding her finger after theprocedure. I tried to give it a better lookand to me it looked pretty swollen. Shemay have done it incorrectly, and injuredherself in the process.It is 100% the school’s fault Chase

choked on that chicken nugget. I amprobably more devastated in this situationthan her because it was terrible what shehad to go through, and a fractured rib…ouch!

Testimony of Henrietta HiemleekMy name is Henrietta Hiemleek. I have

been the librarian at MMM for 23 years. Iwas on cafeteria duty on September 18,2018. In all my years at MMM, I have beenassigned lunch duty for about 10 of my 23years. On lunch duty, I am expected tokeep students safe and make sure they arefollowing the rules. Something that hascome in handy is that I know how to doabdominal thrusts (formerly known as theHeimlich maneuver). So far, I have onlyhad to perform abdominal thrust fourtimes. In all situations, the blockage waspartial and the students made fullrecoveriesI was on cafeteria duty on Tuesday,

September 18, supervising my assignedsection, when I noticed that ChaseChoken’s face was turning blue. I dropped

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47MOCK TRIAL EXERCISES h GRADES 3–6

my coffee and ran across the cafeteria tohelp. When I got closer, I realized Chasewas unable to breathe. Chase was doingthe universal sign for choking, her handswere at her throat. When I asked her if shewas okay, she was incapable of answering.So I placed my hands below her ribs, butabove her belly button, and thrust upwardstwice. The undigested chicken nugget flewout of her mouth. I was so relieved andhappy because I had saved her life. Iwalked Chase down to the nurse’s office.She was visibly shaken and crying from thescary experience.Later, I heard that Chase was blaming

everything on the lunch lady and myself.Lisa Lunch Lady and I have been very goodfriends for 19 years. She is a very goodcook and would never try to harm astudent or make bad food. I was onlytrying to help Chase that day. I was theone who noticed she was unable tobreathe. I did what I had to do to save herlife. In fact, Fred Frenchfryz and his goofyantics were probably the cause of Chase’schoking. Fred was stacking spoons on hisnose and making Chase laugh.I believe that Chase is simply

overreacting. What would you have doneif you were in my place, and you sawsomeone who needed help, and you hadthe capability to help them?

Testimony of Lisa Lunch LadyMy name is Lisa Lunch Lady. I have

been a lunch lady at MMM for 20 years. Ihave always loved cooking, and I finallygot my dream job at this school when Iwas 32 years old. Since that time I havenever gotten any complaints aboutinedible food. Even the teachers at MMMlove the food I make. The teachers and Iare great friends, and I’ve observed that

even though the teachers are talkingduring the lunch period, they still payattention to the children, especiallyHenrietta Hiemleek. At any period thereare over 200 students eating lunch, andthe teachers try their best to pay attentionto every table.On September 18, 2018, the incident

involving Chase Choken happened. It wasjust a normal chicken nugget day with myhomemade, crispy, warm, delicious tatertots and a large variety of different dippingsauces. It is the kids’ favorite day of theweek! Suddenly I looked over and sawHenrietta Hiemleek running toward ChaseChoken like her life depended on it. Shedid the abdominal thrust (formerly knownas the Heimlich maneuver) and thechicken nugget came flying out of Chase’smouth, which saved her life! Chase Choken was helpless that day,

and without Mrs. Hiemleek’s lifesavingtreatment, Chase would have neverrecovered. Never in a million years wouldHenrietta Hiemleek intentionally hurtANYONE! Then, when I heard Mrs.Heimleek was being sued, I thought it wasoutrageous. I believe that Mrs. Hiemleek isnot liable. She helped Chase from thekindness of her heart. Mrs. Hiemleek was ahero!

INSTRUCTIONSThe plaintiff must prove by a

preponderance of the evidence thatHenrietta Hiemleek was noticeablynegligent and did not properly perform theabdominal thrust correctly, therebyfracturing Chase Choken’s ribs.

SUB-ISSUES1. Does Mystery Meat Middle School have

a AED (Automated External

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48 MOCK TRIAL EXERCISES h GRADES 3–6

Defibrillator) team for these situations?2. Did Henrietta receive specialized

training to perform abdominal thrusts?3. Were the school’s lunch ladies trained

to make food, because according tomost of the staff and students, the foodwas disturbingly bad?

4. Is the food at Mystery Meat MiddleSchool (MMM) a health hazard?

5. Did Fred Frenchfryz cause Chase tochoke?

6. Did Chase Choken chew her food, ordid she just swallow it whole to get itover with quickly?

7. Is Henrietta abnormally strong?8. Was Henrietta all amped up on caffeine

because she was drinking coffee andthrust too hard?

CONCEPTS1. Credibility of the witnesses.2. Preponderance of the evidence.3. Liability.

LAWLiability Under the Good Samaritan

Emergency Response Act (N.J.S.A. 2A:62A-1) The New Jersey Good Samaritan statuteencourages and protects bystanders,including doctors and paramedics, at anaccident scene to render assistance tosomeone in need without fear of beingsued if things go wrong.

BIBLIOGRAPHYPrimary SourcesInterviewed Gertrude (Trudy) San Jose, atrained paramedic.

Secondary Sourceshttps://www.betterhealth.vic.gov.au/health/ConditionsAndTreatments/choking

https://www.youtube.com/watch?v=QtqLAS5rgGQ. Abdominal thrusts video.

https://www.cprcertified.com/blog/can-you-be-sued-for-performing-first-aid.Article on getting sued for the abdominalthrusts.

https://www.google.com/search?q=good+smaratin+law+nj&oq=good+smaratin+law+nj&aqs=chrome..69i57j0l4.4936j0j4&sourceid=chrome&ie=UTF-8. Article on GoodSamaritan Law in NJ.

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49MOCK TRIAL EXERCISES h GRADES 3–6

THE FOOTBALLSTORYLINEBROWN V. YOO

SCHOOL

Holy Trinity

Westfield

Grade 6

Honorable Mention

TEACHER

Margaret Knapp

Robert CanadaDrew CostalosJames FreshwaterIsabelle GurangoGiacomo ImperialeBrady KellyAnna MaliakalCooper Vito

STUDENTS

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50 MOCK TRIAL EXERCISES h GRADES 3–6

FACTSJeff Brown XXII and Kai Yoo are high

school seniors at High Valley High Schoolwho play football together. The positionsthey play are quarterback and widereceiver. They are seniors and have beenfriends since kindergarten, but now theyare feuding. It all started when they had todo their college essays.They were discussing the essays on the

sideline by themselves with only the firstdown marker and the mascot able to hear.They were both sharing ideas until theyhad to go back in. The topic they weretalking about was last year’s championshipgame. They won the championship gamebecause of a perfect pass from Jeff and aspectacular diving catch by Kai.Both boys wrote an essay about the

game and submitted applications to Ruters.When acceptance letters were sent out, KaiYoo was accepted, but Jeff Brown was not.While happy for his friend, Jeff wasdevastated. He asked Kai for a copy of hisessay so he could see what he should havewritten. Kai sent a copy to Jeff. At first Jeffwas happy and excited for Kai, but whenhe read his essay, he noticed that a coupleof sentences were very similar to his own,and got super mad at Kai.

ISSUEDid Kai Yoo plagiarize Jeff Brown XXII’s

college application essay?

WITNESSESFor the PlaintiffJeff Brown XXIIDon Mark

For the DefenseKai YooThe Bulldog

WITNESS STATEMENTSTestimony of Jeff Brown XXIIFootball taught me that life is a team

sport. Football requires everyone on theteam to work together if they are going tosucceed. The same is true in life. No onecan do it all alone. Everyone needs someassistance along the way. You must give110 percent effort and have a goodattitude. Even when you lose, you mustkeep trying and never give up. I have alsolearned that making friends is a key part oflife. I believe friends help one another infootball and in life. Football means beingresponsible and supportive of yourteammates, which is also like having a job.You must work hard, never give up, and bekind to everyone and you will have anamazing life.That is exactly how I treated my friend

for 10 years, Kai Yoo. But it turns out thatKai did not treat me the same way. He stolemy college essay idea, which was howfootball taught me the life lessons Imentioned earlier. What Kai did wasplagiarism, plain and simple.

Testimony of Don MarkI heard people thought Jeff Brown and

Kai Yoo got into a fight because Kai stoleJeff’s paper. That’s absolutely true. I heardJeff and Kai talking on the sidelines duringthe championship game about theircollege essays. Jeff said he thought footballtaught him a lot. He said football was likelife itself. It is all about teamwork and thatgood teamwork means everyone has abetter chance at winning. I saw Kaistanding there, not saying much at all andjust listening to Jeff. I could tell by thelook on Kai’s face that he though Jeff’s ideawas a good one. Jeff’s idea was going to getKai into college. Now, Kai is saying that he

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51MOCK TRIAL EXERCISES h GRADES 3–6

did not steal Jeff’s idea. That is not true. Iknow for a fact that had it not been forJeff, Kai would never have had theinspiration to write about his footballcareer on his college essay. It was wrong ofKai to do it.

Testimony of Kai YooI am a wide receiver from High Valley

High School who has attended this schoolfor all four years. I am on the footballteam, and I am a leader of all my friends. Iwas persuaded to join the team by myfriend Jeff Brown XXII. I have been friendswith Jeff since kindergarten. I startedthinking about writing my college essaywhen I was a freshman. I knew it would beabout football, because football is such animportant part of my life. And when myfriend asked me where I wanted to go tocollege, I immediately said I wanted toapply to Ruters because they have a greatfootball program and have beenundefeated three of the past four years. Iended up writing about our championshipgame when we were down 28–3 in thethird quarter and I gave a quick speech toinspire the team to win. We pulled it outwith 10 seconds left when I caught thegame winning pass, in overtime.A week later, I wrote a compelling

account of how I helped the team win thegame, and mailed it to Ruters. Now JeffBrown is accusing me of stealing his paper,but I started thinking about it many yearsago.

Testimony of The BulldogI am the football mascot for the team. I

wear a bulldog outfit for all the games. Itreally gets me close to the players. I heardJeff and Kai talking. They were discussingwhat they were going to write on their

college essays. They were bothcontributing ideas, but Kai had the boldtopic. Jeff was saying how much he likedbeing a football star and how it made himbetter than others who would be applyingto Ruters. But I heard Kai talk about howfootball is a team effort. Jeff said severaltimes, “You got that right, Kai. You arealways thinking!”

INSTRUCTIONSJeff Brown XXII must prove by a

preponderance of the evidence that KaiYoo committed plagiarism.

SUB-ISSUESDid Kai steal Jeff’s thoughts and ideas?

CONCEPTS1. Are witnesses telling the truth?2. Are the witnesses able to shed light on

whether there was plagiarism?

LAWThe Ruters University Admissions Board

rules provide: Anyone who knowinglytakes an idea of another and presents it ashis/her own original idea is deemed tohave committed plagiarism.

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