StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Mock Trial, Plaintiff and Defendants Strategies - Essay Example

Cite this document
Summary
The paper "Mock Trial, Plaintiff and Defendants Strategies" states that the jury selection for the defendant’s case will not rely heavily on sympathy. In fact, the defendants are being accused of contributing to the death of a 2-year-old child; it would be hard to sway sympathy in their favor…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Mock Trial, Plaintiff and Defendants Strategies
Read Text Preview

Extract of sample "Mock Trial, Plaintiff and Defendants Strategies"

Ideal questions would include: Are you a parent? Have they ever been involved in any sort of case like this in any way? If they have been and were on the losing end they may be biased to favor the side of the person that is most disadvantaged by the evidence and ignore evidence and give a biased verdict; however, biased in their favor. The entirety of the plaintiff’s case will likely rely heavily on sympathy, preferably from sympathetic jurors. People who are not parents are likely to render a more impartial decision; however, they will lack sympathy. There is a possibility that non-parents might think that a parent is automatically responsible for their children; it may be harder to convince such people that a third party can be held accountable.

Reiteration of possible questions
1. (to female jurors) Are you a mother or grandmother?
2. Have you ever been involved in a vase of this sort? Particularly involving children?

However, that does not mean that there are no strategies that they can employ in finding jurors that will at least be unbiased in hearing the evidence. Firstly, they would be wise to seek professionals. Ideally others in the business industry, individuals who may be more accustomed to having accusations levied against them that may not be founded. Sadly, they may, also, seek more male jurors over female jurors, primarily, because men are, in general, less likely, or be swayed by sympathy. Unlike the defense, the inclusion of female jurors, particularly women who are mothers, is more likely to be biased against them. In this case, the defense will be more focused on preventing the plaintiffs from gaining jurors likely to be sympathetic rather than seeking jurors that will favor them. So it stands to reason that the line of questioning potential jurors would be very similar.

Reiteration of Possible Questions

1. Are you a parent?

2. Are you a business person? Owner?

3. Have you ever been involved in a legal case of this nature?

B OPENING STATEMENT

Defendant’s Viewpoint

There is no greater loss than the loss of a child. There is no one here who cannot empathize with Mrs. Davis and her loss. No one in this room cannot understand the need to understand how such a tragic accident could ever happen; however, what we cannot do today is allow our sorrow and sympathy to allow such a tragic occurrence to allow false blame to be placed on the Happy Land Toy Company. Today we will review all of the relevant evidence that will verify that the Happy Land Toy Company was not at fault and cannot be held accountable for the tragic loss of life considered in this case. Happy Land Toy Company did produce the Princess Beads; however, they were never intended to be put in anyone’s mouth. They were intended for children much older than Joey. A child as young as Joey should not have been left unattended with a toy that was not safe for his age range.

Also, proof will be given to verify that the levels of the chemical 1-4B, which was used in the fabrication of the Princess Beads, were not at a high enough concentration to poison a child, even one as young as Joey. It is, also, important to point out that the chemical 1-4B is quite common in household supplies and cleaning products. That said, perhaps Joey came into contact with other items containing a higher 1-4B content; after all, if he is not being regularly supervised it stands to reason he could have placed other foreign objects in his mouth, which was far more dangerous than the Princess Beads. The Happy Land Toy Company took every measure to prevent any accidents by packaging and marketing the product to children above the age of two.

They can no more be held accountable if a child were to cut themselves on a disposable razor left in the bathtub. The razor company is not responsible if a small child were to slice his finger while his parent’s back was turned. This is not a case of corporate negligence or lack of proper safety precautions, it is simply a tragic accident and a mourning mother who needs someone to blame, unfortunately, she is blaming the wrong person when she blames my client, the Happy Land Toy Company, who is not responsible in the death of Joey Davis and I believe today you will find that the evidence supports that position. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Mock trial Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/english/1473792-mock-trial
(Mock Trial Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/english/1473792-mock-trial.
“Mock Trial Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/english/1473792-mock-trial.
  • Cited: 0 times

CHECK THESE SAMPLES OF Mock Trial, Plaintiff and Defendants Strategies

The Defendant's Confession

Name Professor Subject Date Defendant‘s Confession A confession serves as a strong source of evidence against a defendant in a trial.... If left unchallenged, the defendant‘s confession is influential on the trial outcome.... Once offered into evidence, it is extremely difficult for defense counsel to overcome the impact a defendant's inculpatory statements might have on a judge or jury....
4 Pages (1000 words) Assignment

Mock Trial: Selecting a Jury, Legal Analysis, and Closing Argument for the Plaintiff

"mock trial: Selecting a Jury, Legal Analysis, and Closing Argument for the Plaintiff" paper states that when selecting a jury, several factors must be considered so that the plaintiff can rest assured of a fair process.... Opening Statement for the defendants As the case before us exhibits, there is a lot of negligence on the part of the plaintiff.... Several questions must be addressed so that the plaintiff is assured of a fair case in the courts....
5 Pages (1250 words) Essay

Proximity Between the Defendant and Plaintiff

A plaintiff must successfully prove that the defendant owed all these essential to them.... There are two types of οf duty οf care, duty οf care in negligence act (physical injury or damage) and duty οf care in negligence advice, according to the case, it can be seen that it is a negligence act οf physical injury to plaintiff, as a result as this report will be discussing about duty οf care in negligence act (physical injury or damage)....
8 Pages (2000 words) Literature review

Plaintiff vs Hodge Defendant

The following paper 'plaintiff vs Hodge Defendant' discusses the case of plaintiff Kedzie and 103rd Currency Exchange which cashed a check for Fred Fentress, plumber, issued by Hodge as partial payment for an agreement to perform plumbing services.... As a holder in due course of a negotiable instrument, plaintiff Kedzie sought damages from Hodge, who claimed the defense of illegality of the Contract since Fentress was not licensed as a plumber as required by Illinois statute....
2 Pages (500 words) Case Study

Legal skills learning portfolio

28), developing ideas and strategies to tackle cases, presenting them in mock sessions and arguing them in a highly competitive environment have streamlined my vision to approach and analyze cases in a manner that is highly practical and thought provoking in nature.... 43) has stated that the primary objective of learning and teaching styles in legal education is to provide greater awareness and engagement among students in law schools....
14 Pages (3500 words) Essay

Civil Litigation and Felonious Law

Mountford (2002) suggests that lawyers use this law to establish the actual claims by plaintiff and defenses by the defendant.... It is mentioned that if the defendant loses in a court case, he is only required to compensate the plaintiff for the loss.... The present essay "Civil Litigation and Felonious Law" deals with law issues, namely, the legal action is applied to the issues of negligence....
3 Pages (750 words) Essay

Davis vs. HappyLand Toy Company

The defendants should use the persuasion capability of the three attorneys to convince the court to consider the challenge.... The plaintiff will get information about the jury members that they will make them give verdict in favor of Andrea.... The removal of the jury would weed out the biased jurors who would determine the case in favor of the plaintiff.... We will provide evidence will proof why the plaintiff should not get damages....
4 Pages (1000 words) Essay

The Influences of Media on the Law

This paper "The Influences of Media on the Law" focuses on the fact that media is related to law in many aspects.... Apart from the intervention in the life of individuals or the activities of organizations, media can be used for the formulation of the judicial view.... .... ... ... Usually, the activities of media are considered as justified because of the possible importance of the issues presented....
40 Pages (10000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us