Mock Trial Flashcards
Plaintiff
Patricia Wilken
Defendant
Linda Sabay
Plaintiff’s Witness (Security Guard)
Neill Graves
Plaintiff’s Witness (Managing Partner)
Pamela Edwards
Defendant’s Witness (Neighbor)
Denise Pitchko
Defendant’s Witness (sister-in-law)
Adriana Mancho
Firm Name Where Working at Time
Waterwall, Edwards, Widget, O’Connor, Ramirez & Kwan
Length of Wilken Employment
3 years
Length of Sabay Employment
12 years
Where Wilken worked before
non-profit organization, Lone Star Legal
Date of work day
Saturday September 20, 2012
Case they were working on
Vara v. CBS
time worked on that Saturday
8am-9pm
Linda Sabay’s husband and kid names
Paul - husband
twins - Colin and Sean
Paul works?
military contractor in Afghanistan
Who had been keeping Linda Sabay’s boys? What happened?
Linda’s mom, on Sept 9, mom had stroke, Linda is only child and had to make emergency day car arragements
Is Patricia a partner?
No, she wants to make partner
Vara v. CBS
biggest case on which she has been first chair.
Who is the client of Wilken’s firm in the case?
Danny Vara
What kind of case is it?
employment/breach of contract case
Who was Patricia’s regular paralegal?
Samantha Star
Where was Samantha Star, Patricia Wilken’s regular paralegal?
on maternity leave
What was one complaint Linda Sabay had about Patricia Wilken?
she liked to micro-manage, and linda liked to be left to prepare everything herself, because she had prepared for many more trials than patricia had
Right before Linda left on Sept 20, what did she ask Patricia Wilken?
“Why are you such a jerk?”
What did Patricia answer when Linda asked “why are you such a jerk?”
“I’m not a jerk. I am a lawyer who is zealously representing my client. I can’t do that without cooperation from the people who work for me.”
Linda left the office and 9pm at night. Patricia walked with her to the parking lot because they were putting boxes into patricia’s car. Patricia returned to the office and kept working. What time did Patricia fall asleep at her desk and at what time did she wake?
Patricia Wilken fell asleep at her computer about 3am and woke up about 630 am Sunday, 21st.
Where did Patricia go to find her car vandalized?
To the parking garage. She was going home to take a shower and sleep in her own bed a couple of hours before coming back to the office.
What had happened to her car?
All four tires had been slashed, the leather seats were slashed, all of the mirrors on the inside and outside of her car had been smashed, the windshield was smashed out, the radar spots on the car were damaged, and someone had scratched “U R A JERK” in foot-high letters on the hood of her car.
What was written and where was it written on Patricia Wilken’s car?
U R A JERK on the hood of the car in foot high letters
What did Patricia do?
She went back into the building and called building security and the police.
What did the police do?
They took a report of the incident, but said there was little they could do to find the person who did it.
Was there a camera in that part of the garage? What electronic evidence was there?
There was no camera in that part of the garage, but they did keep an electronic record of who entered and exited the garage.
Whose care was the only one that entered and exited between 9pm and 7am?
Linda Sabay’s
What time was Linda Sabay’’s access card used to enter and exit the garage?
1:00am enter 1:30am exit
Did Linda Sabay enter the building during her 1am-130am garage entrance?
no
Who was Patricia Wilken’s second chair at trail?
Fred Ramirez
How long did the trial last?
4 days
Who won the trial?
Mr. Vara (Patricia Wilken)
What did Patricia do after the police report?
She arranged a rent a car and had her car towed to the repair shop?
What is the name of the repair shop?
Body by Bobby
Automotive and Body Repair
Let Bobby Fix Your Body
What is the name of the rent a car place?
Greenlease
Rent or Lease Hybrid Vehicles
What kind of car did Patricia rent?
Toyota Prius
How much did her rental cost and for how many days?
$1,974 for 42 days
When did Patricia confront Linda about the car?
On Friday (after the trial finished on Thursday)
Linda claimed _________________.
total innocence
Who did Patricia take the access card report to
Pamela Edwards, managing partner
What happened after Pamela Edwards got the report?
The firm investigated the matter and then terminated Linda on October 31.
What was the severance package given to Linda Sabay?
One month’s pay for every year of service to the firm. She got a year’s salary in a lump sum and waived her right to bring any sort of employment suit, or any other kind of lawsuit, against the firm
When Patricia Wilken filed the civil action against Linda Sabay for the property damage a few weeks after Linda’s termination, how much monetary relief did Patricia Wilken request for the repair of her car and the rental car?
$15,916
Where is Waterwall, Edwards, Widget, O’Connor, Ramirez & Kwan located?
2323 S. Shepherd, Houston, Texas 77019
Where does Patricia Wilken’s live?
2409 Morse, Houston, Texas 77019
Who were Patricia’s two regular paralegals?
Lucy Bishop and Samantha Star
Where did Lucy graduate?
UH Center for Paralegal Studies
Lucy been at Waterwall, Edwards, Widget, O’Connor, Ramirez & Kwan before Patricia Wilken got there?
2 years
Why did Patricia Wilken lose Lucy as a paralegal?
Because Kevin Kwan’s paralegal retired and he wanted the best of the best, and that was Lucy.
How long had Samantha Star been working for her?
2 years
Where did Samantha Star graduate?
UH Paralegal Program
What is Samantha’s baby’s name?
Kendra Colleen
What did Patricia bring for breakfast?
bagels and coffee
Where did Patricia order lunch?
PF Chang’s at noon
Where did dinner come from and what time?
Fuzzy’s Pizza at 5:00PM
Worked with no break until
9pm
What motion did Patricia request that Linda claimed she forgot to do?
Motion in Limine
Who was coming for voir dire?
Linda Nguyen
Why was Linda Nguyen coming?
Jury expert to be there for voir dire
Where does Linda like to stay and was expected to stay?
Hotel ZaZa with a view of the fountains