Macca Elery Mclaughlin V. Lee and Robbie Mclaughlin” CORRECTION MEMO #1 – Issued February 1, 2021 PLEASE READ THIS IMPORTANT INFORMATION…
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NEW YORK STATE BAR ASSOCIATION 2020 NYS HIGH SCHOOL MOCK TRIAL TOURNAMENT “Macca Elery McLaughlin v. Lee and Robbie McLaughlin” CORRECTION MEMO #1 – Issued February 1, 2021 PLEASE READ THIS IMPORTANT INFORMATION… Print this Correction Memo and keep it with your case materials for reference. ➢ Please bookmark the following link to access the Mock Trial page: https://nysba.org/nys-mock-trial/. Print all revisions to the case. We suggest replacing the entire revised section/document rather than just the specific page(s). Remove the current ones, replace with the newly revised ones. Revised pages are identified with Page Number-Revision Number and Date of Revision (for example: page 55 becomes 55-R1 (2/1/21). Revisions on affected pages are indicated by BOLD AND UNDERLINE. OLD DOCUMENT CORRECTIONS NEW PAGE (CORRECTION MEMO #1 – Issued February 1, 2021) PAGE i-R1; ii-R1, iii-R1, iv- Table of Contents Table of Contents has been updated to reflect the changes in pagination. n/a R1 Correction on Page 55, Line 1 Case Summary 55 55-R1 (2/1/21) Change “Trashers” to “Thrashers” Correction on Page 59, Paragraph 1, Line 1: 59 59-R1 (2/1/21) Spelling error: Changed MacLaughlin to McLaughlin 60 60-R1 (2/1/21) Correction on Page 60, Paragraph 7, Line 3: Affidavit of Macca Spelling error: Changed “M-EEEE-M” to “M-EEE-M” Elery McLaughlin 61 61-R1 (2/1/21) Correction on Page 61, Paragraph 11: Changed name of record company from Strawberry Hills to Strawberry Fields Correction on page 63, Paragraph 1, Lines 2, 4, 6 Change “Trashers” to “Thrashers” 63 63-R1 (2/1/21) Affidavit of Stevie Styx Correction on Page 64, Paragraph 6, Line 3 64 64-R1 (2/1/21) Change “Trashers” to “Thrashers” Page 1 of 2 OLD DOCUMENT CORRECTIONS NEW PAGE (CORRECTION MEMO #1 – Issued February 1, 2021) PAGE Correction on Page 75, Paragraph 3: Changed “80s” to “90s” 75 75-R1 (2/1/21) Affidavit of Tony Correction on Page 77, Paragraph 8, Line 4: Triacon Spelling corrected from: “…I asked fpr…” to “… I asked for…” 77 77-R1 (2/1/21) Correction on Page 77, Paragraph 8, Line 5: Changed $75k to $50k Correction on Page 89, in Distribution chart, Line 4: Change $813,322.00 to $913,322,00 89 89-R1 (2/1/21) Exhibit: Correction on Page 89, in Distribution chart, Line 6: 90 90-R1 (2/1/21) Agreed Financial Change $237, 294.00 to $337,294.00 Statement Correction on Page 90, Line 3 in breakdown ($75,000 - Dues and expenses, Great Wessex County Club – 2003) Changed year 2003 to 2016 New York Mock Trial Prudent Investor Act Related Cases/Statutes/Other Materials: Delete text on Page 95, Paragraph (b)(3)(B), Line 1 95 95-R1 (2/1/21) Deleted the text “to the extent to consider” New York Mock 96 96-R1 (2/1/21) Trial Prudent Correction on Page 96, Paragraph (b)(4)(B), Line 2: Investor Act Change “…and also and asset5s” to “…and also an asset’s” Related Cases Related Cases/Statutes/Other Materials: Correction on Page 101, “In the Matter of Estate of Rodney B. Janes”, Line 10: 101 101-R1 (2/1/21) Changed “me” to “be” Related Cases Pertinent information regarding the case: • A plaintiff can seek damages in an amount s/he believes s/he has been harmed. This is a liability only trial. The plaintiff will not need to prove damages at this stage of the matter. • No complaint will be provided. • Macca’s parents did not completely deplete Macca’s account. After doing the math there is roughly $71,000.00 remaining in the account. • The plaintiff will need to prove the case by a preponderance of the evidence • The plaintiff's account as under the control of the parents • The court order needs a separate document attesting to the authenticity of said court order. • The purpose of the commentary notes is to assist the students in understanding the nature of the fiduciary duty. Said commentaries should not be referenced at the trial. • “Agreed” means that the figures in the financial statement are not in dispute. • The letter from Robbie and Lee McLaughlin to Macca is as it appears. Page 2 of 2 2020-2021 Mock Trial Case – Final Version – Edited Feb. 1, 2021 2021 NEW YORK STATE HIGH SCHOOL MOCK TRIAL TOURNAMENT MATERIALS Macca Elery McLaughlin v. Lee and Robbie McLaughlin Materials prepared by the Law, Youth & Citizenship Program of the New York State Bar Association® Supported by The New York Bar Foundation 2020-2021 Mock Trial Case – Final Version – Edited Feb. 1, 2021 2020-2021 Mock Trial Case – Final Version – Edited Feb. 1, 2021 Greetings Mock Trial Tournament Participants! Each year, the Mock Trial Subcommittee spends several months creating a new mock trial case for you to work with. The cases typically alternate each year between a civil and criminal case. There are over 400 teams around the state competing in the high school mock trial tournament, so it does take some time for everyone to begin working with the case. It is possible that once the case has been released and teams begin to work with it, questions may arise, and corrections may be required. Please note the following important information: ➢ All questions and comments about the case should be submitted in writing (no phone calls please) and sent the NYS Bar Mock Trial Statewide Coordinator, Kim Francis at [email protected] for review (copy your County Coordinator on the email). ➢ The Statewide Coordinator will forward all questions to the Mock Trial Subcommittee for their review, and if necessary, a correction memo will be issued, along with any revised pages which may need to be inserted into the case booklet. The most current revisions will always be easily identifiable for you. ➢ All correction memos and revised pages will immediately be provided by email to the county coordinators, who will then notify the team coaches/advisors. The memos and revised pages will also be accessible online at https://nysba.org/nys-mock-trial/ ➢ Once a correction memo has been issued, the current pages in the case booklet should immediately be replaced with the revised pages. You may also want to include the correction memo in your case booklet for reference purposes. ➢ Please be aware that more than one correction memo may be issued if the questions or comments received require additional changes to be made to the case after the first correction memo has been issued. We realize that receiving the correction memos can be frustrating once you have begun working with the case, and although the case is proofread before being released, please bear in mind that human error does occur, so your patience and understanding is greatly appreciated. ➢ The most current updated version of the case will also be available online at https://nysba.org/nys-mock-trial/ should you choose to reprint the entire case. It is not necessary to reprint the entire case booklet each time a correction memo is issued, but you do have that option. We hope you enjoy working with this year’s case. Have fun, and good luck with your trials! FYI, the 2021 Mock Trial State Finals will be held in a virtual format in May (dates to be determined). --------------------------------------------------------------------------------------------------------------------------------- Questions/Comments? Contact Kim Francis at [email protected] Mock Trial information is available online at https://nysba.org/nys-mock-trial/ 2020-2021 Mock Trial Case – Final Version – Edited Feb. 1, 2021 2020-2021 Mock Trial Case – Final Version – Edited Feb. 1, 2021 TABLE OF CONTENTS (revised 2/1/21) ➢ Letter from the Chair .................................................................................................................................. 1 ➢ Standards of Civility .................................................................................................................................... 3 PART I -TOURNAMENT RULES (Special Online Trial Rules Have Been Added! See #16 in this Section) ........................................................................................................................................................................ 5 1. Team Composition ...................................................................................................................................... 7 2. Objections (Note revisions in this section) .................................................................................. 7 3. Dress ............................................................................................................................................................. 8 4. About Stipulations ....................................................................................................................................... 8 5. Outside Materials ......................................................................................................................................... 8 6. Exhibits ......................................................................................................................................................... 8 7. Signals and Communication (Note revisions in this section) ..................................................... 8 8. Recording (Note revisions in this section) ................................................................................... 8 9. Mock Trial Coordinators ............................................................................................................................ 9 10. Role and Responsibility of Attorneys ........................................................................................................ 9 11. Witnesses (Note revisions in this section) .................................................................................