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2014-15 OR Mock Trial CLASSROOM LAW PROJECT proudly sponsors the 29th annual statewide 2014-15 Oregon High School Mock Trial Competition AVERY LEON, plaintiff v. CHINOOKA case by COUNTYEd Piper, STOEL TRANS RIVESPORTATION LLP DISTRICTin coordination and withLINDSEY the Classroom PALMER Law Project, defendants a civil rights case involving a police officer’s use of alleged excessive force on a suspect co-sponsored by Lewis & Clark Law School Oregon State Bar ACKNOWLEDGMENTS sponsored by CLASSROOM LAW PROJECT co-sponsored by Lewis & Clark Law School Oregon State Bar a case written by Ed Piper, STOEL RIVES LLP in coordination with CLASSROOM LAW PROJECT CLASSROOM LAW PROJECT is grateful to its Circle Members, those businesses, law firms, and associations that provide ongoing support for all programs PRESIDENTS’ CIRCLE K&L Gates Lewis & Clark Law School Nike, Inc. Oregon State Bar JEFFERSON CIRCLE Cosgrave Vergeer Kester LLP Perkins Coie LLP Davis Wright Tremaine LLP Schwabe Williamson Wyatt LLP Dunn Carney Allen Higgins & Tongue LLP Stoel Rives LLP Lane Powell PC Tonkon Torp LLP MADISON CIRCLE Ater Wynne LLP Columbia Bank Barran Liebman LLP Miller Nash LLP Bullivant Houser Bailey PC NW Natural Cambia Health Solutions Portland General Electric Heartfelt appreciation is extended to all teacher and attorney coaches, regional coordinators, county courthouse personnel, attorneys and other volunteers whose dedication and hard work make the regional and state competitions successful. Without the efforts of volunteers like these, this event would not be possible. November 2014 Dear Competitors, Coaches, Parents, Judges and Volunteers: Welcome to this year’s Mock Trial competition! We look forward to seeing you in the courtroom. Executive Director Marilyn R. Cover As many of you already know, Mock Trial is an extraordinary activity. It Board of Directors demands intense pretrial preparation and spur-of-the-moment adjustments Robert Aldisert Charissa Anderson in the courtroom; pure legal knowledge and real-world practicality; Hon. Thomas Balmer Dan Blaufus individual excellence and an unwavering commitment to teamwork; and, Thom Brown above all else, the desire to have fun and learn something new. Jim Carter Nance Case John Casey This year, the case was authored from scratch. Our aim was to make it both Marilyn R. Cover topical and challenging. Our hope is that it provides competitors of all David Ernst Richard George levels of experience with an opportunity to take risks, push boundaries, and Noah Jarrett learn new skills. Prof. Steve Johansen Grant Jones Richard Josephson Classroom Law Project is committed to the best in civic education. We are, Margaret Kirkpatrick Peter Koehler therefore, proud to offer Mock Trial. It is unique in that it offers the benefits Shelley Larkins of a team activity and interactions with community leaders all while Daniel Larsen Todd Lyon learning about the justice system and practicing important life skills. Plus, it Christopher Magana is an opportunity in which young women and men compete on equal Hon. Jean Maurer Kim McGair footing. Paul Peterson David Reese I ask for your help in continuing this successful program. Please give to Susan Rohol Bruce Rubin Classroom Law Project, the sponsor of Oregon’s high school Mock Trial Darin Sands Hon. Michael H. Simon competition. The program costs more than $35,000 per year; less than half Joan Snyder comes from registration fees. We know that you have been asked many Brian Talcott Jaye Taylor times to give and understand that your ability to do so may be limited. But Laura Caldera Taylor to the extent that you can, please consider how valuable this program is to Chip Terhune Tim Volpert the young people in your life. Any amount you can give is much Steven Wilker appreciated. Information about giving is available on the Classroom Law Rep. Jennifer Williamson Project’s website, www.classroomlaw.org. Classroom Law Project is a non- President’s Circle K&L Gates profit organization and your donation is tax deductible to the extent Lewis & Clark Law School permitted by applicable law. Nike, Inc. Oregon State Bar Thank you, and good luck with this year’s case! Jefferson Circle Cosgrave Vergeer Kester LLP Davis Wright Tremaine LLP Sincerely, Dunn Carney Allen Higgins & Tongue LLP Lane Powell PC Perkins Coie LLP Schwabe Williamson & Wyatt PC Stoel Rives LLP Tonkon Torp LLP Marilyn R. Cover Madison Circle Executive Director Ater Wynne LLP Barran Liebman LLP Bullivant Hauser Bailey PC Cambia Health Solutions Columbia Bank Miller Nash LLP NW Natural Portland General Electric 620 SW Main St., Suite 102 Portland, OR 97205 Tel: 503-224-4424 Fax: 503-224-1721 [email protected] www.Classroomlaw.org 2014-15 Oregon High School Mock Trial Competition Avery Leon v. Chinook County Transportation District and Lindsey Palmer TABLE OF CONTENTS I. Introduction ...................................................................................................................... 1 II. Program Objectives ......................................................................................................... 1 III. Code of Ethical Conduct ................................................................................................. 2 IV. The Case A. Brief Case Summary ................................................................................................... 3 B. Witness List ................................................................................................................ 3 C. List of Exhibits ............................................................................................................ 3 D. Introduction of Complaint, Answer, Stipulations, Jury Instructions .......................... 4 Complaint ................................................................................................................. 5 Answer ................................................................................................................... 10 Stipulations ............................................................................................................ 14 Jury Instructions ..................................................................................................... 16 E. Legal Authority ......................................................................................................... 19 F. Witness Statements .................................................................................................... 21 Affidavit of Avery Leon ...................................................................................... 21 Affidavit of Cary Donatella. ................................................................................ 25 Affidavit of Taylor Gomez .................................................................................. 28 Affidavit of Lindsey Palmer ................................................................................ 33 Affidavit of Skyler Todd ...................................................................................... 38 Affidavit of Sandy Ensign .................................................................................. 41 G. Exhibits Ex. 1. Map of Ramona Street C-Rail Stop .......................................................... 45 Ex. 2. Rattlesnakes T-Shirt ................................................................................. 46 Ex. 3. Stun Gun ................................................................................................... 47 Ex. 4. Cruze Deposition and Incident Report ..................................................... 48 Ex. 5. CCTD Police Department Handbook ....................................................... 57 Ex. 6. CCTD Police Department Training Records ............................................ 58 Ex. 7. CCTD Police Department Discipline Statistics ....................................... 60 Ex. 8. Cruze/Irsay Incident Report .................................................................... 62 Ex. 9. Nguyen Incident Report ........................................................................... 63 Ex.10. Bowlen Incident Report ........................................................................... 64 V. The Form and Substance of a Trial A. Elements of a Civil Case ........................................................................................ 65 B. Proof by a Preponderance of Evidence .................................................................. 65 C. Role Descriptions ................................................................................................... 65 i 1. Attorneys ................................................................................................ 65 a. Opening Statement ......................................................................... 66 b. Direct Examination ........................................................................ 66 c. Cross Examination, Redirect, Re-Cross, and Closing ................... 67 2. Witnesses ............................................................................................... 67 3. Court Clerk, Bailiff, Team Manager ...................................................... 67 a. Duties of the Clerk – provided by the Plaintiff ............................. 68 b. Duties of the Bailiff – provided by the Defense ........................... 68 c. Team Manager, Unofficial Timer (optional) ............................... 69 Team Manager (optional) ....................................................... 69 Unofficial Timer (optional) ....................................................
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