Tuesday 1 October 2013

"Drunk, Desperate, Dad"

I conducted my very first closing statement in front of the whole class on Thursday! I was shaking. Out of the whole class, I was chosen... Thanks Guys (Nawt!)

I was acting for the defence.  This was my feedback:

  • Don't "put it to Your Honour" (even though in our example video counsel used this phrase...)
  • In a criminal trial, refer to your client by name - "Mr. Thompson" - as this personalizes him
  • Do not "think" or "believe"- but rather, "submit"
  • continue to emphasize your theory of the case using the facts and evidence
Celina acted for the Crown.  In her opening, she stated, "This is a case of a drunk, desperate, dad".  I almost died laughing.  Such an actress!

In the end, the "Judge" (aka chosen class members) held that my client be acquitted! Woot Woot!

The experience that the course gives its students with regards to public speaking is excellent.  I have never had a hard time with being in front of a group of people if I know exactly how things are going to unfold and I have had weeks and weeks of practice.

This isn't exactly the case in court, as was seen on Saturday... Civil Trial Day!!

I was "dummied" by My Lady!! I had good feedback at the end, but there were moments where I wanted to hide under the desk.  I think at one point, she phrased a rule in the Supreme Court Civil Rules in such a way that there was a double negative that lead to a very big misunderstanding and me, in essence, arguing against myself. Woops!

It took my amazing colleague to (in a loud whisper) state "ALICIA!! She is agreeing with you!!" he he he

In the end, we had our expert witness qualified as such and we made out only 50% liable.  Based on the facts of the case, that was pretty darn good!

Another time, her interpretation on an analogy I made required me to fight tooth and nail in order to make my point.  I think she respected my "zest" and this gave me experience respectfully standing up to a Judge.

I said, "You would not tinker with your own engine in the event it stopped working, if you've never owned a similar vehicle before and have limited experience with car mechanics. You would go to an authorized dealer and have it checked out. Otherwise, if you tinker with it, how can you blame the authorized dealer who sold you the vehicle?"

In my mind, this made complete sense. (keep in mind I was acting for the authorized dealer where a boat engine failed to work and the purchaser tinkered with it, got it started, and then took it out again when it failed the final time leading to the damage)

The Judge came back and said, "If the headlight on my vehicle went out, and I changed it and it started working, I wouldn't take it in because in my mind I fixed it."

I said that an engine and a headlight was not analogous and I think that anytime something doesn't work on a motor vehicle, that you should enquire with the vendor or authorized mechanic to fix it otherwise you risk being the one liable.

We had a bit of a back and forth, but I made my point tactfully and respectfully (I hope...).

Anyways, I was brutally ill yesterday with a migraine and nausea, so today's class is painful (hence why I cannot pay attention.  Result = blogging during class).

My Mom and Dad come to Vancouver today for a whole week!! You know what that means?  Free meals and my mamma taking care of her sick baby girl.  Love them to death.

I will fill you in on how this week's assessment goes after Friday. Right after our Civil Trial, they decided to schedule our first assessment - a summary trial.  Fantastic!  The one that actually matters and we have less than a week to prepare.  Once again, PLTC has compacted double the hours of work for half the time available - and this is calculated NOT considering the amount of sleep required of a sane person.

This is how I am starting to see graduating from Law School....



Time to sign off and pay attention. Its solicitor stuff this week and this is my shiz!

Love Always: A-Lo




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