The Mock Trials: Business Law
Assigned “Characters”
Trial #1 : A Civil Case , where the deceased was a student-athlete who had used steroids:
 Simon v. Swift o Plaintiff’s Team of Lawyers:
 B-Wall, Nick, Tom o Plaintiff’s Witnesses:
 Kelly Simon, the parent of the deceased - Plaintiff – Luna
 Morgan Pearce, another student on the track team and Jordan’s close friend; – Kaihan
 Lynn Roper, Ph.D., an expert on the effects of steroid abuse and the use of steroids by young athletes – Eric (Expert Witness) o Defense’s Team of Lawyers:
 Mike, Joanna, Carly, Ashley o Defense’s Witnesses:
 Terry Swift, Eastside’s track coach; – Defendant - Tony
 Jamie Hagar, Ed.D., Eastside’s Assistant Principal and Athletic Director – Ella (Expert
Witness)
 Aubrey Brady, a consultant to coaches and athletic departments. – Morgan Druce o Jury – Rest of Class (Characters from Trial #2)
The Charges:
Kelly Simon, Jordan’s surviving parent, has filed a wrongful death lawsuit against Eastside High
School and Terry Swift, the track coach. This is a bifurcated trial on the issue of liability only; damages are not at issue. Frequently, civil cases are bifurcated into separate liability and damages proceedings.
Defendants Terry Swift and Eastside High School pled not guilty to the charge.
Burden of Proof: In civil cases, the plaintiff’s team must prove the defendant's guilt Beyond a
Preponderance of the Evidence (that all the facts necessary to win a judgment are probably true).

Trial #2 : A Criminal Case, where the deceased was a college student who drank too much water and died. Could it be criminal? o State of Oregon v. Taylor Durden o Prosecution’s Team of Lawyers:
 Steve, Nataley, Morgan Re, Andrew o Prosecution’s Witnesses:
 Sergeant Chris Knight – Luke Boston
 Dr. Jaden Chessler – Dan
 Alex Richards - Matt o Defense’s Team of Lawyers:
 Adam, Will, Jack, Jen o Defense’s Witnesses:
 Taylor Durden, Defendant – Luke Peden
 Dr. Ahsan Jackson – Rachael
 Shawn Boyd – Hanisha o Jury – Rest of Class (Characters from Trial #1)
The Charges
The defendant, Taylor Durden, is accused by Grand Jury Indictment of the County of Chinook, State of Oregon, as follows:
1.
Count 1: Second Degree Manslaughter (ORS 163.125), a Class B Felony. The defendant, on or about August 25, 2012, in Chinook County, Oregon, did commit the crime of Second Degree
Manslaughter in that Defendant did recklessly cause the death of Jessica Bateson, during the commission of a Class B violation. To-wit: the death occurred during hazing, contrary to the laws of the State of Oregon.
2.
Count 2: Hazing (ORS 163.197), a Class B violation. The defendant, on or about August 25, 2012, in Chinook County, Oregon, did commit the crime of Hazing in that Defendant did intentionally
Compel the victim to engage in acts with an unreasonable risk of harm as a condition or precondition of attaining membership to a fraternal organization. To-wit: the Hazing occurred against Jessica
Bateson, during an organized Epsilon Sigma Epsilon activity with death resulting, contrary to the laws of the State of Oregon.
Defendant Taylor Durden pled not guilty to all charges.
Class B felonies in the State of Oregon are punishable by 10 years in prison and $250,000. For Class
B violations, a maximum fine is $1000 and no jail time.
Burden of Proof: In criminal cases, the prosecution must prove the defendant's guilt Beyond a
Reasonable Doubt (that all the facts necessary to win a judgment are true).