Past years case information
2002 year's case

The Educational Teleconference Network (ETN) Session was held on January 9 to discuss and clarify the rules and case materials for the 2002 Wisconsin High School Mock Trial Tournament.

The following is a summary of the topics discussed during the session and should be incorporated into the 2002 mock trial materials. If the changes outlined in this memorandum conflict with those in the handbook or any previously provided materials, the information in this memo supercedes all else.

DO NOT GO BEYOND THE INFORMATION ALREADY PROVIDED IN YOUR HANDBOOK, PREVIOUS MEMOS (IF ANY), AND THE MATERIAL CONTAINED HEREIN.

1. Download 2002 Mock Trial case in pdf format
   
2. Review of 2002 Tournament rule changes
   
3. Omissions / revisions / clarifications
   
4. Review and clarifications of 2002 case
   

B. Review of 2002 Tournament rule changes

1. Regional Format
   In regions with 12 or more teams, the last two afternoon rounds will be power-matched. See page 3 of the handbook.
   
   

C. Omissions / revisions / clarifications

1. Page 4, In the event of a tie, if any of the tied teams have played each other previously, (e.g. 3-1), the team that won the earlier trial will be declared the winner or will advance to the next level, as appropriate.
   
   
2. Page 10, Rule 3.4, Team Composition. Teams consist of six participating members assigned to roles during an individual trial. One of the six alternates should act as timekeeper for an individual trial.
   
   
3. Page 16, Number 9, paragraph one. Strike beginning with "Attorneys seeking to solicit.through field of experience."
   
   

D. Review and clarifications of 2002 case

1. Page 103, 1^st paragraph, 4^th line. Replace "young boy" with "young child."
   
   
2. Page 104, paragraph 8, 2^nd and 3^rd lines. Replace "he" in both instances with "s/he".
   
   
3. Page 104, paragraph 10, 2^nd line from bottom. Sentence starting with "This means that." should read " .had ample time to warn Lee by shouting."
   
   
4. Page 111, replace D.O.B with 9-15-83.
   
   
5. Page 117, paragraph 2, first line. Delete the first whole sentence beginning with "I am in the ROTC. ending with graduation."
   
   
6. When was Lee born?
   Lee was under the age of 18 at the time of his death.
   
   
7. What does Pat Smid do for a living?
   You are stuck with what it says in Pat's affidavit. We just don't know.
   
   
8. What grade is Sean in?
   Sean is 18 and a senior in high school.
   
   
9. Is the gun in the photo provided in the case materials the same gun that killed Lee?
   No. The photo of the gun is only provided for illustrative purposes and is intended to show the position of the bullet in the cylinder.
   
   
10. The gun photo is blurry. Is there something specific that we should be able to glean from this photo, or is it just a .357 with a bullet?
    It's just a .357 with a bullet.
    
    
11. On page 107, paragraph 6. Sean indicates his favorite pistol is a .357 magnum with an 8" barrell. Is this the gun in the picture?
    No.
    
    
12. Can the testimony of Riff and Wesson be used at Regionals? If so, what is the proper procedure for entering this testimony if there is not a witness present to testify to it?
    See page 80, number 4. References to excerpts of non-witness affidavits can be made subject to the evidentiary rules for admission of any other evidence.
    
    
13. How does Billie McCoy know what Sean and Andie Lawton are claiming happened on the night in question?
    Billie McCoy would have been provided with copies of their affidavits.
    
    
14. The procedure suggested on pages 16 and 17 of the handbook regarding the introduction of exhibits suggests that the procedure excludes any questioning and testimony referencing any portion of the exhibit prior to offering the exhibit into evidence. Do the rules expect there to be testimony concerning the facts which demonstrates the relevance and purpose of the exhibit to this case?
    By the rule on page 16, paragraph 9, attorneys must lay a proper foundation prior to moving the admission of evidence.
    
    
15. Are all characters responsible for references to themselves found in the affidavits of others?
    See page 8. Rule 2.2
    
    
16. Is the statement made by Billie McCoy on page 104, paragraph 10, clear and accurate?
    For the purposes of this mock trial, yes.
    
    
17. What type of alcohol was consumed on the evening of 4/28/01?
    See page 126.
    
    
18. Is all the information in Sean Lawton's affidavit correct?
    Except where indicated in other parts of this memo - to the best of our knowledge.
    
    
19. Is it a reasonable extrapolation that Andie Lawton knew Lee Smid's parents?
    Yes, see page 114, paragraph 8.
    
    
20. Is it a reasonable extrapolation that all witnesses have read the statements of all other witnesses.
    Yes, but it doesn't guarantee admission.
    
    
21. Must we have the judge declare a witness an expert witness before the witness can testify as an expert?
    No, but the team needs to demonstrate the witnesses qualifications by laying foundation.
    
    
22. What is the significance of the negligence statutes? Are they to be used or are they red herrings?
    You need to look at the instructions with the date of the incident in mind.
    
    
23. Did Kopp have access to all the affidavits?
    By the time of the trial, Officer Kopp, like the other witnesses, is familiar with the affidavits of all witnesses.
    
    
24. Can Slezak's affidavit be marked and used as an exhibit?
    Yes.
    
    
25. Did Pat Smid have 4 or 5 children?
    Prior to Lee's death - Pat Smid had 5 children.
    
    
26. Is there a dollar amount for the pain and suffering claim listed on page 80?
    No. We took the estate out of the action by settling that claim prior to trial. Dollar amount is not relevant.
    
    
27. How is gender decided for the absent witnesses?
    The plaintiff decides the gender of the missing witness on the plaintiff side; the defense decides the gender of the missing witness on the defense side.
    
    
28. Was there a blood alcohol concentration (BAC) level taken for Sean?
    No.
    
    
29. Is the weapon in question the one that McCoy examined?
    Yes.
    
    
30. Can Sean's previous conduct be held against him?
    This is open to argument.
    
    
31. Are motions permitted?
    No. See Rule 4.8 on page 13.
    
    
32. Where on top of the gun cabinet were the keys kept?
    On top of the gun cabinet - that's all it says.
    
    
33. Is the organization, S.A.A.M.I., referred to on page 103, a producer of firearms?
    No. It is a trade association.
    
    
34. Do witnesses have the right to explain their answers or not?
    If the responses given are calculated to consume precious time belonging to the opponent, this section on page 59 should be pointed out to the presiding judge during the trial.
    
    

If you have any questions about the mock trial tournament, please feel free to contact Dee Runaas at the State Bar, (608) 250-6191 or (800) 362-8096. You may also reach Dee via e-mail at drunaas@wisbar.org.

Good-luck!