The Do`s and Dont`s with Court Proceedings with Foodborne

The Do’s and Don’t with Court
Proceedings with Foodborne Outbreaks
By: James Egbert,
Karyn Campbell, and
Nichole Martz
 Preparing for Court
 Do’s and Don’ts in Court
 Review the Fact Pattern
 Testimony (Role Play)
 Civil Matter
 State Matter
Preparing for Court
What do you have to prove to win?
 What is the law?
 What evidence do I need?
 Physical evidence
 Expert reports
 Witnesses
 Hearsay???
What is the law?
The law changes from state to state.
 Federal law
 State law
 Administrative codes (county and local municipality)
 Is this the correct law for this case?
 Do you know the current law?
 The law will tell you what facts are needed to prove the case.
What evidence do I need?
Types of Evidence
 Direct evidence
 Evidence that directly proves a fact
Standing outside while it is snowing
 Circumstantial evidence
 Proves a fact from which an inference
of the existence of another fact may
be drawn
 Waking up and seeing snow on
the ground
Forms of Evidence
Types of Evidence
 Physical evidence
 Material object that plays some actual
role in the matter that gave rise to the litigation
 Witness testimony
 Generally, may only testify as to facts personally observed by
that witness
 Generally, can not give opinions
Forms of Evidence
Types of Evidence
 Expert testimony
 Have knowledge outside the scope
of the average juror
 Can give opinions
 Hearsay
 An out of court statement offered for the truth
of the matter asserted
Forms of Evidence (for a Regulator)
 Samples
 Analytical Results
 Inspection Reports
 Records Collected During an Inspection
 Photographs
 Other Documents and Writings
 Affidavits
 Collection Reports
 Investigative Memoranda
 Regulatory Notes
Do’s and Don’ts of Preparing for Court
 Be organized!
 Make sure you have all of your evidence
 Have enough copies for the court and other attorneys
 Make sure your witnesses are prepared
 Subpoena?
 Do they know where to go?
 Confirm their appearance
 Call the court the day before to confirm the hearing
Do’s and Don’ts of Preparing for Court
 Don’t wait until the
last minute
 Don’t make
anything up
 Circumstantial
Do’s and Don’ts of the Court Room
 Do dress professionally
 First impressions count
 Nice church or office attire
 You are more likely to be treated with respect if you dress
 Don’t dress professionally if your profession is the local
drunkard or a rock musician
 Torn t-shirts? Sweat pants? Bandanna? Really!?
 If you look like a gang member or criminally insane you will
most likely be treated like one.
Say Yes to the Dress!
Do’s and Don’ts of the Court Room
 Do be on time
 Be early – It shows you care about your case and that you take
the courts time seriously
 Don’t be late
 It shows you are unreliable
 You could lose by default
Do’s and Don’ts of the Court Room
 Do be respectful
 Speak up, say “sir,” “ma’am,” and “your honor”
 Don’t talk back
 Wait your turn
 Don’t be disrespectful
 In court, being disrespectful, flippant, rude, or nonchalant just makes
the judge like you less
 Another word for disrespect is contempt
Do’s and Don’ts of the Court Room
 Do listen and follow instructions
 When in doubt, ask the clerk!
 Be courteous to the judge’s staff. If your rude, the clerk will
be less likely to help you.
 Don’t make up your own rules
 Acting outside of the rules, just irritates the judge.
 Guess what happens when a judge thinks you have wasted his or
her time?
Do’s and Don’ts of the Court Room
Do’s of Giving Testimony
 Tell the truth and be straightforward even if it means
you will lose
 Keep your emotions under control
 Listen to the entire question before answering
 If you do not understand the questions, say so.
 Answer “yes” if asked if you and your lawyer went over your
testimony to prepare for trial
 Be pleasant to opposing council, even if you hate his or her guts
 Have a positive attitude
 Try to act naturally
Do’s and Don’ts of the Court Room
Don’ts of Giving Testimony
 Don’t tell lies – even small ones
 Don’t chew gum
 Don’t make faces
 Don’t try to memorize your answers
 Don’t worry if your forgot something
 Don’t interrupt the person asking questions
 Don’t try to be cute or tell jokes
 Don’t act hostile
Fact Pattern: Parties
 Facility: Convenience store/
Restaurant/Gas Station
Name: Jed’s One Stop
Owner: J. D. Clampett
Manager: Jethro Bodine
Health Inspector: Jane Hathaway
Injured Parties: Lester Flats, Earl Scruggs,
Milburn Drysdale
Fact Pattern: Inspection
 Jed’s One Stop
 November 15, 2013 – Inspected by Hathaway
 December 15, 2013 – Re-inspected by Hathaway
 February 12, 2014 – Spot check inspection by Hathaway
Fact Pattern: Product
 Chicken
 Secret Recipe
 Time-temperature abuse of food
 Improper holding of food
 Food was observed uncovered, risking contamination
 Hand washing sink in preparation area did not have hand soap
Before Court Preparation
 What’s the law?
 Who has to testify?
 What evidence do I need?
Witness Examination
For the prosecution
 Jane Hathaway
 Jed Clampett
 Dr. Oz – medical expert
For the defense
 Jed Clampett
 Jethro Bodine
 Granny
Jane Hathaway
 What prep is involved?
 If you represented Jane, what questions would you ask her?
 If you represented Jed, how would your cross examine her?
Dr. Oz
 How would your prepare Dr. Oz?
 If you were the prosecutor what would you do to cross
examine him?
Jethro Bodine
 Is there any value in having Jethro testifying?
Thank you for you time!

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