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The Mississippi Bar Association - 13 Competition Update

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Questions Submitted to the Mock Trial Coordinator:

 

Wednesday, January 27, 2010

Q: Can you use outside information regarding the MD5 information to help to prove that the theory is right or wrong?

A: General questions about the MD5 information are allowed. However, hyper technical information would be excluded as that would be in violation of Rule 3 and 4 of the HSMT rules.

 

 

Tuesday, January 19, 2010

Q: Taylor Cratz states that she first met K.C. and Mel when she first moved in the dorms this year. One would have to assume August. She had the computer run in with Mel during Spring Break. If the new rule states that the affidavits are deemed to have been given the day of the competition then as of Feb 6 spring break would not have occurred. It cannot be last year’s spring break because then she would have known the duo for over a year. I am not sure how to reconcile the dates. Thanks!

 

A: CASE TYPO CORRECTED: Line 22 of Taylor Cratz’s Deposition should read as follows – “I started studying at Magnolia University when I was 16. Last year was my first year of living in the dorms. I like”

 

 

 

Monday, January 11, 2010

Q: Under stipulation #5, it says “(T)here will be no discussion or argument regarding damages.” Our question: Is it okay to mention in the plaintiff’s closing statement that we are seeking “$750 per copyrighted song, reasonable attorney fees, costs, and any other damages the court sees fit to impose” or something along these lines. This would seem logical for a closing argument.

 

 

A: Stipulation #5 provides: “Normally in a case like this there would be discussion of damages. However, for purposes of this Mock Trial, there will be no discussion or argument regarding damages. All parties are to assume that if the jury decides in favor of Plaintiff that Plaintiff is entitled to damages in the amount of $750.00 per copyrighted song." Pursuant to this stipulation, you should not include any argument regarding damage specifics in your closing statement.

 

 

2009

Q: Would one of our attorneys be able to ask K.C. Jones about some of the songs listed on Exhibit #1 and when these songs were released (i.e. if songs were released in the 1970s).  Would such questions fall under the category of common knowledge?

 

A: The information presented in the case materials is the only information from which questions may be posed.  Additional information such as the origin of the song or the date of release would not be common knowledge and therefore would not be proper direct or cross examination.

 

 

 

Q: On Exhibit 2 the date is listed as 4/16; Sal Hoffman's witness statement refers to the exhibit as 3/16; is this on purpose?

 

A: The case materials are correct.

 

 

From the Mock Trial Committee:

 

As competition updates are released, they will be posted on this page.

 

ALL questions regarding the CASE and the RULES should adhere to the following guidelines:

 

Procedures: All case and rules questions must be submitted via email to the mock trial coordinator (rgarner@msbar.org). Only teacher or attorney coaches may submit questions on behalf of a team. The mock trial coordinator will only process written case and rules questions submitted by email and will not accept questions submitted by any other method, including phone, fax or in person.

 

Times to Submit Questions: Teams may submit questions from Sept. 18, 2009, until 5:00 p.m. on Jan. 11, 2010. Questions may also be submitted from Feb. 15 through 18, 2010. This time period is post-Regional competition and pre-Statewide.

 

Receiving Answers: Teams will check the website for a running list of answers to all case and rules questions submitted throughout the season.

 

Final Answers: The final Q&A list will be posted on the website by Feb. 22, 2010, at 5:00 pm.

 

The fact that the Mock Trial Committee made a correction or addition to the case materials at any point during the season is not relevant during a trial round. Teams are to assume that the fault for any typographical error or any other correction, addition or clarification to the case materials indicated in the Q&A list posted online lies with the mock trial committee, not with a particular witness. The clean, corrected copy of the materials that will be posted by January 15, 2010, is to be considered the first and only version of these materials submitted by any party in this action when trying this case in a competition round.

 

If you have a question about the case or the rules, please send your question to Rene' Garner at rgarner@msbar.org. She will forward your question to the committee for a response.