Clemson Vs Thomson Case Study
suggests a motive for the crime. The fact that the Defendant graduated from Clemson would usually be immaterial. But if the murder occurred in the parking lot of Williams-Brice
Stadium after Carolina whipped Clemson 45-0, the fact suggests motive and would be material. When determining whether a fact is “material” or not under the rule, teams should use common sense. Ask whether the creation of the fact significantly helps either side’s case.
If the answer is “yes,” the fact is material.
If a team creates a material fact in the process of their case, that is best exposed and attacked through impeachment and closing arguments, and should be dealt with in the course of the trial. A team that deals with creation of material facts in this fashion will generally be …show more content…
THE TRIAL
4.1 Courtroom Setting
The Prosecution/Plaintiff team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission from the presiding judge.
4.2 Stipulations
Stipulations shall be considered part of the record and already admitted into evidence.
4.3 Reading into the Record Not Permitted
Stipulations, the indictment, or the Charge to the Jury will not be read into the record.
4.4 Swearing of Witnesses
The presiding judge will ask the Prosecution/Plaintiff’s bailiff to swear in all witnesses provided by the team, all at one time. The following oath may be used before questioning begins: “Do you promise the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”
Witnesses may stand or sit during the oath.
4.5 Trial Sequence and Time Limits
No pre-trial matters
These time limits should be used by all teams in preparing their cases for trial. Presiding and scoring judges will be notified of these limits and may use their discretion as to the enforcement of the limits.
14
The trial sequence and time limits are as follows:
Opening Statements 5 minutes per
Stadium after Carolina whipped Clemson 45-0, the fact suggests motive and would be material. When determining whether a fact is “material” or not under the rule, teams should use common sense. Ask whether the creation of the fact significantly helps either side’s case.
If the answer is “yes,” the fact is material.
If a team creates a material fact in the process of their case, that is best exposed and attacked through impeachment and closing arguments, and should be dealt with in the course of the trial. A team that deals with creation of material facts in this fashion will generally be …show more content…
THE TRIAL
4.1 Courtroom Setting
The Prosecution/Plaintiff team shall be seated closest to the jury box. No team shall rearrange the courtroom without prior permission from the presiding judge.
4.2 Stipulations
Stipulations shall be considered part of the record and already admitted into evidence.
4.3 Reading into the Record Not Permitted
Stipulations, the indictment, or the Charge to the Jury will not be read into the record.
4.4 Swearing of Witnesses
The presiding judge will ask the Prosecution/Plaintiff’s bailiff to swear in all witnesses provided by the team, all at one time. The following oath may be used before questioning begins: “Do you promise the testimony you are about to give will faithfully and truthfully conform to the facts and rules of the mock trial competition?”
Witnesses may stand or sit during the oath.
4.5 Trial Sequence and Time Limits
No pre-trial matters
These time limits should be used by all teams in preparing their cases for trial. Presiding and scoring judges will be notified of these limits and may use their discretion as to the enforcement of the limits.
14
The trial sequence and time limits are as follows:
Opening Statements 5 minutes per