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Scenario: opolSky v. JaSwal and paSha paGeList of participants 2What happened? 3 - 4Relevant Law 5Background information for witnesses 6 - 12Statement of Claim 13 - 17Statement of Defence 18 - 20
role preparation paGePreparing for a Mock Trial 1 - 5Time Chart 6Etiquette 7 - 8Role Preparation for:
Plaintiff and Defendant Lawyers 9 - 12Judge 13Jury 13Court Clerk 14 - 15Court Artist 16Members of the Press 17
For each OJEN Civil Law Mock Trial, there are three packages: » oJen civil law Mock trial Scenario » oJen civil law Mock trial Role Preparation Package » oJen civil law Mock trial Justice Sector Volunteer Package
Youth need the Scenario and role preparation packages. Justice sector volunteers/teachers/organizers need all three packages.
JuStice Sector volunteer packaGe paGePurpose of a Mock Trial 1Mock Trial Time Chart 2Information for:
thiS packaGe containS: paGeList of participants 2What happened? 3 - 4Relevant law 5 Background information for witnesses 6 - 12Statement of Claim 13 - 17Statement of Defence 18 - 20
CIvIL LAW MOCk TRIAL: opolSky v. JaSwal and paSha
Scenario: OpOlsky v. Jaswal and pasha• Defamation
• Facebook
For each OJEN Civil Law Mock Trial, there are three packages:
» oJen civil law Mock trial Scenario
» oJen civil law Mock trial role preparation package
» oJen civil law Mock trial Justice Sector volunteer package
Youth need the Scenario and role preparation packages. Justice sector volunteers/teachers/organizers need all three packages.
civil l aw Mock Trial scenArio: O p O l s k y v . J a s wa l a n d pa s h aW
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What happened?BruceOpolskyisawrestlerfortheBurdettLakehighschoolwrestlingteam.heisnotthebestonhisteam,buthasworkedhardandrecentlywonthe“Mostim-provedplayeraward.”Onapril23,20**BruceappliedtoLanichu,theco-coordi-natorofGraykesOvernightcamp,forajobasacampcounsellorattheirsummersportscamp.
OnMay12,20**agroupofstudents,ledbytahiyaJaswal,createdaFacebookgroupfortheirschoolnewspaper,the Burdett Lake Bugle.Oneofthediscussionthreadsonthegroup’ssitewascalled“Bruceisacheater.”
civil l aw Mock Trial scenArio: O p O l s k y v . J a s wa l a n d pa s h at
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the laWwhaT is defaMaTion? Defamationordefaminganotherpersoncanoccurwhensomeonemakesanuntruestatementaboutsomeoneelsethatharm’sthatperson’reputationinthecommunity.Whenthestatementiswritten,itisreferredtoaslibel.aspokenstatementiscalledslander.
3. it musthavecausedharmtoloweredtheplaintiff’sreputationinthe community
defences To a claiM of defaMaTioniftheplaintiffhasestablishedthesethreecriteria,thepersonwhopublishedthestatementcanprovideadefencetodefamation.incanadatherearethreecom-mondefencestodefamation:
how can i prepare to be a Good witneSS durinG trial?
» Learn your facts by heart. » You will be sworn in during the trial and need to spell your character’s full name. » Stick to the script. Don’t make up facts because this is unfair to the student lawyers. » Listen to the questions carefully. If you do not understand the question, then ask to have it repeated. » If a lawyer asks a question about something that isn’t in your package, you can say you don’t know the answer. » Speak with the lawyers representing your side ahead of time, and get into character when you take the stand.
how can i prepare to be a Good witneSS durinG trial?
» Learn your facts by heart. » You will be sworn in during the trial and need to spell your character’s full name. » Stick to the script. Don’t make up facts because this is unfair to the student lawyers. » Listen to the questions carefully. If you do not understand the question, then ask to have it repeated. » If a lawyer asks a question about something that isn’t in your package, you can say you don’t know the answer. » Speak with the lawyers representing your side ahead of time, and get into character when you take the stand.
civil l aw Mock Trial scenArio: O p O l s k y v . J a s wa l a n d pa s h aW
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how can i prepare to be a Good witneSS durinG trial?
» Learn your facts by heart. » You will be sworn in during the trial and need to spell your character’s full name. » Stick to the script. Don’t make up facts because this is unfair to the student lawyers. » Listen to the questions carefully. If you do not understand the question, then ask to have it repeated. » If a lawyer asks a question about something that isn’t in your package, you can say you don’t know the answer. » Speak with the lawyers representing your side ahead of time, and get into character when you take the stand.
QueStionS you Should think about when preparinG:
Why did you write that Bruce cheated off of you in class?
Which Bruce were you talking about?
Did you know which Bruce the thread was talking about?
civil l aw Mock Trial scenArio: O p O l s k y v . J a s wa l a n d pa s h aW
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how can i prepare to be a Good witneSS durinG trial?
» Learn your facts by heart. » You will be sworn in during the trial and need to spell your character’s full name. » Stick to the script. Don’t make up facts because this is unfair to the student lawyers. » Listen to the questions carefully. If you do not understand the question, then ask to have it repeated. » If a lawyer asks a question about something that isn’t in your package, you can say you don’t know the answer. » Speak with the lawyers representing your side ahead of time, and get into character when you take the stand.
civil l aw Mock Trial scenArio: O p O l s k y v . J a s wa l a n d pa s h as
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The claiM1. The Plaintiff claims against the defendants:
a. Generaldamagesfordefamationintheamountof$5,000.00;
b. Lostwagesintheamountof$2,500.00;
c. interestfromthedatethatnoticewasgiventothedefendantsuntilJudge-mentpursuanttotheCourts of Justice Act,r.s.O.1990,c.c-43;
d. costsofthisactiononasubstantialbasis;and
e. suchfurtherandotherreliefasthishonourablecourtdeemsjust.
The Parties2.theplaintiff,BruceOpolsky(“Bruce”),isanindividualwhoresidesinthecityoftorontointheprovinceofOntarioandattendsBurdettLakehighschool(“Bur-dett”).heisawrestlerfortheBurdettschoolteam.
The Libel5.OnMay12,20XX,tahiyacreatedadiscussiongrouponthewebsite“Face-book”fortheBurdettschoolnewspaper.Oneofthediscussionthreadsonthegroup’ssitewascalled“Bruceisacheater”(the“thread”).thethreadisdefama-toryoftheplaintiffinitsentiretyaswellasinthefollowingstatementswrittenbytahiya:
“Bruce is a cheater. He takes the easy way out of everything. He paid Kiran to finish his English report and he cheated during our Chemistry final. I’m sure he doesn’t come by anything honestly. He doesn’t even know how to work – I bet he’s on steroids.”