Pg 2

Question 1

What is involved in the closing arguments of a trial?

Answer 1

Parties sum up key evidence and argue why it should lead to certain results. Weave together facts and the law. This is done directly to the jury

Question 2

Who has the burden in the closing arguments of a trial?

Answer 2

The plaintiff goes first, then defense makes a presentation, and the plaintiff gets the last word

Question 3

What can’t you do during closing arguments?

Answer 3

• can’t admit evidence (can only argue the evidence or facts that were already introduced)
• cannot vouch for your client or encourage jury to make a decision based on the attorney’s own credibility
  – Golden rule: can’t expressly invite the jury to put themselves in the victim’s shoes or visualize what it would’ve been like

Question 4

Could you say “defendant is an unscrupulous, coldhearted charlatan that bilked a naïve old lady out of her money so that he could buy drugs and hookers” during the closing arguments at trial?

Answer 4

Yes, you are expected to weave the facts together and argue from them to encourage the jury to make a certain conclusion. You can say anything as long as it is in evidence

Question 5

Would this be proper to say during a closing argument? “I have been an attorney for 20 years and would not have brought this case unless I was convinced the defendant was guilty.“

Answer 5

No, because you are asking the jury to convict the defendant based on your own credibility

Question 6

Why can an attorney not invite a jury to put themselves in the victim’s shoes or visualize what it would’ve been like for the victim during closing arguments?

Answer 6

Because you were asking them to give a verdict based on an emotional connection and not on the facts

Question 7

Would this be proper during closing arguments? “None of us can imagine what it is like to be the plaintiff, to barely make ends meet, and then a thief takes the money you need for milk and bread.“

Answer 7

Yes, because you’re not asking them to put themselves in the victim’s shoes

Question 8

What is involved in the final court instructions to the jury before they deliberate?

Answer 8

The judge instructs the jury on the law that will be applied to the facts to reach a verdict, sums up evidence, comments on the weight of evidence, and the credibility of witnesses

Question 9

What is the standard for a civil case at trial?

Answer 9

The plaintiff must prove enough evidence to establish each element by a preponderance of the evidence

Question 10

What is the standard for a criminal case at trial?

Answer 10

Prosecution must produce enough evidence to establish the elements of all charges beyond a reasonable doubt

Question 11

How does the P get evidence for trial in a civil case?

Answer 11

The attorney can do investigation or serve discovery on the opposing party where he requests documents or information

Question 12

How is evidence gotten in a criminal case?

Answer 12

Prosecution has an obligation to turn over information to the defense, but defense has no similar obligation

Question 13

What is the standard for the defense at trial?

Answer 13

They must negate one or more elements of the prima facie case or bring an affirmative defence

Question 14

What are the different types of evidence?

Answer 14

– witness testimony based on personal knowledge
– documentary evidence
– real evidence
– demonstrative evidence
- result of experimentation
- transport the trier of fact to view the real property or item at a remote location

Question 15

What is the most common type of evidence?

Answer 15

Witness testimony based on personal knowledge

Question 16

What is considered to be real evidence?

Answer 16

When you produce an object that had a direct or indirect part in the incident that allows the trier of fact to draw a first-hand sense impression. I.e.: weapon, exploded item, clothes, injured body part.

Question 17

What is considered to be demonstrative evidence?

Answer 17

Visual aids to help the trier of fact understand the testimony or evidence. This is not evidence itself, it just illustrates evidence, so it does not go back to the jury room for deliberation. I.e. models, maps, charts, computer animations, demos, diagrams, pictures, video recordings.

Question 18

What are the federal rules of evidence and when and where do they apply?

Answer 18

They apply in federal court, regardless of why the case is there. They regulate and limit what evidence the trier of fact can hear and consider as well as the purposes it can be considered for

Question 19

What are the things that the jury is responsible for?

Answer 19

To decide the competency of witnesses, qualification of experts, whether a confession was voluntary, the weight or credibility of evidence

Question 20

What are the rules of evidence that apply in California?

Answer 20

The California evidence code

Question 21

What law relating to evidence does the MBE on the bar test? What about the essay portion?

Answer 21

• MBE: Only the federal rules of evidence

- Essay: Always the federal rules of evidence, but they may ask how applying California law would change things