ARIZONA HIGH SCHOOL MOCK TRIAL PROGRAM Danelle Liwski * Legal Counsel Advisor

U.S. Attorney’s Office * 405 W. Congress St., Suite 480 * Tucson, AZ 85701-5021 Phone (520) 620-7300 * FAX (520) 791-3946

E-mail: danelle.liwski@usdoj.gov

Sponsored By Arizona Bar Foundation and the Young Lawyers of Arizona

November 16, 2001 Dear Mock Trial Teacher and Attorney Coaches: The Arizona Bar Foundation and the Young Lawyers of Arizona welcome you and your team to the 2001-2002 Arizona High School Mock Trial Program. Please review all of the material carefully. If you have any questions about registration or administration of the program, please contact Susan Nusall with the Arizona Bar Foundation at 602-340-7361. If you have any questions about the case, the Rules of the Program or the legal aspects of the program, please contact your local Regional Coordinator or the State Legal Counsel Coordinator, Danelle Liwski with the U.S. Attorney’s Office in Tucson at 520-620-7357 or post your question(s) on the Mock Trial website. The Regional Tournaments will be held on March 2, 2002 and the State Tournament will be held on March 23, 2002. Case Materials This year’s hypothetical problem is entitled Taylor Jones v. Sigma Lamda. It is a civil case in which Taylor is suing for money damages related to a physical injury. This is strictly a fictional problem. Any similarity or resemblance of any character to an actual person or entity is strictly unintentional and coincidental. The Arizona Bar Foundation and The Young Lawyers of Arizona would like to thank the following for help in developing this year’s problem: Kenneth Graham and William Risner (Risner and Graham); Christian Wilson (Tucson Police Department crime lab); Pamela Gates (Bryan Cave); Bill Gates (Karsten Manufacturing Corp.); Dewain Fox (Fennemore Craig); Karen Ortiz; Jack Steele; Elizabeth Bushell (Chandler Tuddall Udall & Redhair) and Timothy Hyland (Bess Kunz). Also, for their assistance with editorial work, we would like to thank Tim Hyland (Bess Kunz); Susan Nusall (Arizona Bar Foundation); Kathleen Quigley (Pima County Attorney); Dewain Fox (Fennemore Craig) and Carrie Stieha (Lewin & Schneider). The problem could not have been completed without their assistance. Included with the case materials are the necessary legal authorities and citations needed to assist your students in preparing their case. PLEASE NOTE: Due to the case being provided on-line, no signatures could be input. However, it is assumed for the purpose of this mock trial, that all documents have been properly signed.

ARIZONA BAR FOUNDATION Susan Nusall State Coordinator (602) 340-7361 Susan.Nusall@staff.azbar.org YOUNG LAWYERS Danelle Liwski Legal Counsel Coordinator (520) 620-7300 danelle.liwski@usdoj.gov Tim Hyland, Legal Counsel Consultant (602) 331-3996 trh@besskunz.com REGIONAL COORDINATORS Region I Deann Sandry (928) 329-2260 desa@atty.co.yuma.az.us Region II James Conlogue (520) 803-6948 Regions III-V Lisa Coulter (602) 382-6000 coultel@swlaw.com Don Smith (602) 382-6286 smithdh@swlaw.com Dewain Fox (602) 916-5475 dfox@fclaw.com Wendy Morton (602) 506-8506 MORTON@mcao.maricopa.gov Romy Schlecht (602) 262-5830 romy@jsslaw.com David Rosen (602) 262-5829 drosen@jsslaw.com Bill Gates (602) 687-5089 wgates2001@aol.com Pam Gates (602) 364-7344 pgates@bryancave.com Region VI Paula Nailon (520)626-6107 Nailon@nt.law.arizona.edu Lynnette Kimmins (520) 620-7432 Lynnette.Kimmins@usdoj.gov Serra Tsethlikai (520) 620-7300 Serra.Tsethlikai@usdoj.gov Julie Duvall (520-791-9456 Duvallaw@azstarnet.com Christopher Enos (520) 577-9300 GRBRB@aol.com Region VII Alexandra Shroufe (520) 774-1453 AKS@h2m2law.com

Sponsored By Arizona Bar Foundation and the Young Lawyers of Arizona

Program and Evidence Rules All team members are expected to know both of these sets of rules. Please make sure that students are thoroughly familiar with these rules. Forms Please become familiar with how and when the necessary forms are needed and comply with the requirements shown below. Score Sheet and Ratings A score sheet and the criteria for scoring to be used by the judges at the Regional and State Tournament is included in the case materials. Your students should be aware of the scoring system that is used to rate their performance. We recommend using the scoring sheet when students engage in trial practice runs. Remember that each side has only 35 minutes to present their case this year. Please note in Rule III.1 that there are mandatory penalty points for exceeding time limits during closing arguments. Mock Trial Participants List The State Coordinator must receive a completed typewritten Participant List for your team. This form must be submitted by January 25, 2002. If you do not return the form by the deadline, your team may be prohibited from competing. Any requests to make changes to this form after January 25th are subject to approval by your Regional Coordinator. If your Regional Coordinator approves such changes, you MUST SUBMIT A NEW PARTICIPANT LIST IMMEDIATELY to the Arizona Bar Foundation. Student Roster The Student Roster form is the official form you are to use on Tournament Day. Please make certain that you have at least FIVE COPIES on hand the day of the tournament. The team is responsible for completing this form and presenting it to the judge/bailiff at the beginning of each round including the Finals Round. Preparing Students to Participate The Steps in a Mock Trial and Pre- and Post- Activities handout can help students develop a basic understanding of the mechanics of a trial and presents students with ten situations in which they must apply the rules of evidence. An answer key is provided for coaches. You are also provided with a suggestions sheet and helpful hints designed to guide attorney-coaches in working with students. Please take a few moments to review these materials to better prepare you for using these techniques with your students.

Sponsored By Arizona Bar Foundation and the Young Lawyers of Arizona

State Tournament The State Tournament is scheduled for Saturday, March 23, 2002 at the Federal Courthouse located in downtown Phoenix. Teams that did not compete in the Maricopa County Regional Tournament will be eligible for overnight lodging the evening before the State Finals. More details about the State Tournament will be forthcoming. National Mock Trial Tournament The National Mock Trial Tournament will be held May 9-12, 2002 in St. Paul, MN. The Arizona Bar Foundation has applied for funding from the Academic Contest Fund Committee for funding to help offset travel-related costs for the state winner. However, the exact amount will not be determined until January when the matter is heard before the State Board of Education. Once those funds are approved, the Arizona Bar Foundation will work directly with the state winner on the expenses to be reimbursed. It is strongly recommended that schools have a fundraising plan in place in the event that they are the State winners and are eligible to travel to the National Tournament. Good luck with your tournaments! Susan Nusall Danelle Liwski, Mock Trial State Coordinator Legal Counsel Coordinator

CLARIFICATION NOTICE for 2002 Mock Trial Case December 12, 2001

Based on questions and issues raised by the case, we wish to clarify that the parties are allowed to argue the contributory/comparative fault of the plaintiff, if they choose to and believe such an argument to be appropriate. We are also adding ARS 12-2506 to the official law of the case. Thus, this statute can be utilized at trial if the team decides it is factually and legally appropriate. However, all stipulations and facts remain as stated in the case. The potential liability of any non-parties are covered by these stipulations and may not be argued. Also, the flyer, contract, statement of qualifications, and Effects of BAC article MAY all be used as exhibits, if the team chooses to do so. We wish to remind you to frequently check the Question Center on the

website at www.azbf.org/mocktrial

A. R. S. 12-2506. Joint and several liability abolished; exception; apportionment of degrees of fault; definitions

A. In an action for personal injury, property damage or wrongful death, the liability of each defendant for damages is several only and is not joint, except as otherwise provided in this section. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be entered against the defendant for that amount. To determine the amount of judgment to be entered against each defendant, the trier of fact shall multiply the total amount of damages recoverable by the plaintiff by the percentage of each defendant's fault, and that amount is the maximum recoverable against the defendant.

B. In assessing percentages of fault the trier of fact shall consider the fault of all persons who contributed to the alleged injury, death or damage to property, regardless of whether the person was, or could have been, named as a party to the suit. Negligence or fault of a nonparty may be considered if the plaintiff entered into a settlement agreement with the nonparty or if the defending party gives notice before trial, in accordance with requirements established by court rule, that a nonparty was wholly or partially at fault. Assessments of percentages of fault for nonparties are used only as a vehicle for accurately determining the fault of the named parties. Assessment of fault against nonparties does not subject any nonparty to liability in this or any other action, and it may not be introduced as evidence of liability in any action.

C. The relative degree of fault of the claimant, and the relative degrees of fault of all defendants and nonparties, shall be determined and apportioned as a whole at one time by the trier of fact. If two or more claimants have independent claims, a separate determination and apportionment of the relative degrees of fault of the respective parties, and any nonparties at fault, shall be made with respect to each of the independent claims.

D. The liability of each defendant is several only and is not joint, except that a party is responsible for the fault of another person, or for payment of the proportionate share of another person, if any of the following applies:

1. Both the party and the other person were acting in concert.

2. The other person was acting as an agent or servant of the party.

3. The party's liability for the fault of another person arises out of a duty created by the federal employers' liability act, 45 United States Code section 51.

E. If a defendant is found jointly and severally liable pursuant to subsection D, the defendant has the right to contribution pursuant to this chapter. In an action arising out of a duty created by the federal employers' liability act (45 United States Code section 51), a person or entity, other than an employee of the defendant, whose negligence or fault caused or contributed to the plaintiff's injury or death shall contribute to the defendant pursuant to this chapter. An action for contribution shall be adjudicated and determined by the same trier of fact that adjudicates and determines the action for the plaintiff's injury or death. The trier of fact shall adjudicate and determine an action for contribution after the court enters a judgment for the plaintiff's injury or death. On motion before the conclusion of the trial, the plaintiff is entitled to an award against the defendant for actual expenses the plaintiff incurred as a direct result of the defendant's claim for contribution. The expenses shall include reasonable attorney fees as determined by the court.

F. For the purposes of this section:

1. "Acting in concert" means entering into a conscious agreement to pursue a common plan or design to commit an intentional tort and actively taking part in that intentional tort. Acting in concert does not apply to any person whose conduct was negligent in any of its degrees rather than intentional. A person's conduct that provides substantial assistance to one committing an intentional tort does not constitute acting in concert if the person has not consciously agreed with the other to commit the intentional tort.

2. "Fault" means an actionable breach of legal duty, act or omission proximately causing or contributing to injury or damages sustained by a person seeking recovery, including negligence in all of its degrees, contributory negligence, assumption of risk, strict liability, breach of express or implied warranty of a product, products liability and misuse, modification or abuse of a product.

STATEMENT OF FACTS

Taylor Jones was born on April 10, 1982. He/She is 5 feet 6 inches tall and weighs 140 pounds. Taylor Jones started at the University in August, 2000. Prior to attending the University Taylor went to a local high school where he/she was a member of the Honor Society, an athlete and a popular member of the class. Prior to starting classes at the University, Taylor went through rush and chose to pledge Sigma Lamda fraternity/sorority. Taylor pledged Sigma Lamda fraternity/sorority because he/she felt the Greek system provided the greatest opportunity to meet people and be involved in the University student life. Sigma Lamda is recognized by the University as an official fraternity/sorority, but it is not funded by the University. Sigma Lamda has been in good standing with the University. The Sigma Lamda house is located off University property. After pledging Sigma Lamda, Taylor attended several activities at the Sigma Lamda house throughout his/her first semester. Several of the activities were parties held for Sigma Lamda members and guests. The majority of the parties included alcoholic beverages, drinking games and stories of drinking. Some activities at the Sigma Lamda house did not include drinking alcohol. On January 12, 2001 Sigma Lamda had a “Welcome Back” party. All pledges were required to attend the party for a minimum of 2 hours. The party officially ran from 7 p.m. to 12 a.m. and more than 100 guests attended. Most Sigma Lamda parties ran later than 12 a.m. and consisted of less than 50 guests. Sigma Lamda hired Extreme Party - Rent a Bar to serve the alcoholic and nonalcoholic beverages to those attending the party. Extreme Party is a full service bar and makes all types of alcoholic drinks. Sigma Lamda and Extreme Party had a contract which required Extreme Party to provide identification bracelets to distinguish those over 21 from those under 21. Sigma Lamda members were required to check each attendees identification and pass out the appropriate bracelets. A blue bracelet was provided to attendees over 21 years of age and a red bracelet was provided for attendees under 21. Sigma Lamda members were to monitor the party for underage drinkers. Extreme Party was to give alcoholic drinks only to those wearing a blue bracelet. The party was very large and bracelets were checked quickly. All drinks, alcoholic and nonalcoholic, were served in the same plastic white cups.. As president of Sigma Lamda, Cory Cunningham lived in a room on the 3rd floor of the Sigma Lamda house. Cory was required and wanted to be at all events held at the house. Cory was present throughout the night of January 12, 2001. Cory was aware of which Sigma Lamda members and pledges were over and under 21. Cory made a point to talk with all members and pledges of the house at every event. Prior to arriving at the party (around 5:30 p.m.), Taylor had gone with a group of friends to eat. Taylor had a steak, baked potato and bread. No alcohol was consumed at dinner. One of the friends Taylor ate with was Emerson Dominquez. Emerson and Taylor have been friends since high school. They both consider each other to be their best and closest friend. No one knows Taylor better than Emerson.

Taylor arrived at Sigma Lamda’s “Welcome Back” party at approximately 7:00 p.m. He/She had his/her first drink at about 7 p.m. and by 1 a.m., Taylor had consumed 6 rum and cokes. At 1:00 a.m. Taylor and a group went up on the 3rd floor. The 3rd floor has a balcony that overlooks the swimming pool. While the group was talking Taylor jumped off the balcony attempting to dive in the pool. Taylor’s leg hit the side of the pool and he/she suffered multiple breaks to his/her leg. Taylor required 3 separate surgeries and will have permanent damage to his/her leg - including a limp.

STIPULATIONS

1. The University is not liable and not a proper Defendant to this lawsuit because the Sigma Lamda house is not located on University property. Additionally, the University has numerous alcohol education programs and indemnity agreements with all of the fraternity/sorority houses. 2. Extreme Party - Rent a Bar is not a proper defendant in this lawsuit because they settled prior to trial for $100,000. Their contract with Sigma Lamda requires that Sigma Lamda indemnify Extreme Party for all costs. 3. Taylor Jones suffered serious permanent injury from the jump into the pool. Taylor will have to walk with a limp for the remainder of his/her life.

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

TAYLOR JONES, Plaintiff, COMPLAINT V. No. 01-5678 SIGMA LAMDA FRATERNITY/SORORITY Defendant.

GENERAL ALLEGATIONS

1. Defendant Sigma Lamda Fraternity/Sorority is the University Chapter of a National Sigma Lamda organization. Sigma Lamda does business in the State of Arizona. 2. Plaintiff, Taylor Jones at all times referred to herein, was a student at the University and resided in the State of Arizona.

SPECIFIC ALLEGATIONS 3. The Sigma Lamda local chapter hosted social parties throughout the 2000-2001 school year. These social parties involved alcohol being served. 4. Upon information and belief, Sigma Lamda members and pledges knew or should have known that many of the attendees at their drinking parties were under 21. Nonetheless, the pattern and practice at those social parties was for Sigma Lamda, its members and pledges to consciously disregard the age of the attendees, to give underage attendees drinks, and to encourage or facilitate drunkenness on behalf of the attendees of the social functions, including those under 21. 5. On or about January 12, 2001, Plaintiff, Taylor Jones, attended Sigma Lamda’s “Welcome Back” party. Plaintiff was under the legal drinking age, as were numerous other attendees at the party. 6. Plaintiff was provided with alcohol by Extreme Party - Rent a Bar and the Sigma Lamda members and pledges. 7. The Plaintiff drank six rum and cokes and while under the influence of alcohol was encouraged to jump from the third floor balcony to the pool. The Plaintiff attempted the jump, but struck the side of the pool suffering permanent leg injury. 8. The Defendant, Sigma Lamda, had a duty of reasonable care to the guests and members who attended the party. The Defendant knew or should have known that, by negligently allowing alcohol to be served and negligently serving alcohol to minors and

negligently allowing them to get excessively intoxicated, a dangerous condition was created and injury to guests such as the plaintiff was foreseeable. By those acts, Defendant breached its duty to the Plaintiff and caused his/her injury. 9. The Defendant sponsored the party on the Sigma Lamda premises where dangerous and negligent conditions existed in the furnishing of alcohol to minors. Sigma Lamda had the ability to make and enforce rules forbidding or providing alcohol at social functions and had control over and management of the venue. Sigma Lamda was negligent in its operation of the party and its own social organization. 10. Sigma Lamda breached its duty to the Plaintiff and caused the injury by violating A.R.S. Section 4-241(H) in that they had legal possession of and the legal right to exclude others from the unlicensed premises and, upon information and belief, knowingly allowed gatherings on the unlicensed premises of two or more persons who were under the legal drinking age, who were not permanently residing there or members of Defendants immediate family, when they knew or should have known that one or more of the persons under the legal drinking age was in possession of or consuming spirituous liquor on the unlicensed premises. 11. The Defendant breached its duty of care to the Plaintiff and was negligent per se. 12. As a result of the Defendants’ breach of duty of care to Plaintiff, Plaintiff has been damaged and has suffered and will continue to suffer severe emotional distress and permanent physical injury. 13. Defendant’s actions were conducted with an evil mind, in that Defendant acted in conscious disregard that its actions created a substantial risk of significant harm to others. Therefore, Plaintiff is entitled to exemplary or punitive damages. WHEREFORE, Plaintiff prays for a judgment against the Defendant as follows: 1. For compensatory and consequential damages in an amount to be determined at trial; 2. For punitive damages in an amount to be determined at trial; 3. For costs occurred herein; and 4. For such other and further relief as the Court deems just in the circumstances. RESPECTFULLY SUBMITTED this _____ day of _______, 2001. By:______________________________________ Attorneys for Taylor Jones

Witnesses For the Plaintiff:

• Taylor Jones • Emerson Dominquez • Chris Wilson

For the Defense:

• Cory Cunningham • Tracy Ortiz • Sam/Samantha Richards

STATEMENT OF TAYLOR JONES 1. On January 12, 2001, my life was ruined. My name is Taylor D. Jones. After graduating from high school in 2000, I enrolled at The University. I majored in fine arts and intended to pursue my dream of dancing professionally after graduating from college. That dream, however, ended on January 12, 2001. 2. When I first got to The University, I didn’t know anybody, except my friend, Emerson. During orientation we learned about “rush.” “Rush” referred to the process of joining a fraternity or sorority. I rushed with about 150 other students. Everyone knew that Sigma Lamda was the coolest house. They had the best parties, and all the popular students were Sigma Lamdas. Sigma Lamdas were also known as the biggest drinkers on campus. During my interviews at Sigma Lamda, the committee asked if I liked to party. I said, “Yeah, I like to party.” Lee, a member of Sigma Lamda, said “To be a successful member of Sigma Lamda, you must be a successful partier.” 3. When I went to parties at Sigma Lamda, we played drinking games most of the night. The older members of Sigma Lamda picked on the new pledges during the drinking games. The pledges typically ended up getting really trashed. During one of Sigma Lamda’s parties, Francis Frasher, a member of Sigma Lamda, told me all about the “The List.” To get on "The List", you had to be voted as one of Sigma Lamda’s most social members. Francis’ older sibling was on "The List". According to Francis, "The List" included people who could drink at least 7 shots of tequila in one night. I think every member of Sigma Lamda wanted to be on “The List”. 4. At one Sigma Lamda party I chugged two beers in a row. Everyone at the party was chanting, “Taylor. Taylor. Taylor.” I ended up throwing up. Late that night, Francis said that I was “List” potential. I was really excited about the possibilities. 5. On January 12, 2001, Sigma Lamda was having a "Welcome Back" to school party. All of the new pledges were required to attend for at least two hours. This was a normal requirement, but I didn’t mind. I was usually there for the entire party anyway. We had heard before we left for winter break that this party was going to be a blow out, and it was. To prepare for the party, Emerson, my best friend from high school, and I decided to get a good base of food. We went to dinner. I ate a steak, baked potato and bread. After dinner, we went to the party. 6. When we got to the house, two officers of Sigma Lamda were standing at the door. They asked to see our identification. I handed my driver’s license to Dylan, the secretary, and Dylan said, “Taylor D., 5 foot 6 six, 140 pounds, born April 10, 1982 - not old enough.” Dylan winked at me and said, “To drink alcohol, you have to have a blue bracelet.” Then Dylan handed me a red bracelet. I knew that the wink meant that I could drink if I scored a blue bracelet. I put the red bracelet on loosely so it could slide on and off easily.

7. After going inside, I saw one of my study partners from political science. She wasn’t in a sorority. Without my help in political science, she never would have passed. I figured she owed me. I went up to her and asked if I could borrow her bracelet. She said, “sure.” I traded my red bracelet for her blue bracelet and went to the bar. The guy at the bar checked my bracelet. I ordered a rum and coke. Emerson went with me, but didn’t have a blue bracelet. Emerson had to get a soda. At the time, I thought it was really lame. Later, I was able to slip Emerson a few rum and cokes. After we got our drinks, we went back to find my study partner. That’s when I overheard someone say, “You better not let Cory catch you with a blue bracelet.” I don’t know who said it, but I figured it was true. Cory is the chapter president and a major goodie-two-shoes. He/She is always preaching that those under 21 cannot drink. I got a little nervous. I looked down at Emerson’s glass and it looked the same as mine. No one could tell I was drinking alcohol. I traded my bracelet back and went into the backyard. 8. About twenty minutes later, my glass was empty. I found another buddy and traded bracelets. We arranged for a place to meet after I got back from the bar so we could trade back. I didn’t want Cory to catch me with a blue bracelet. As the night went on, it became easier to get alcohol. I would just trade my nonalcoholic drink for a rum and coke. I probably did that four times. I never got a drink from the same person. I wasn’t trying to hide anything. I mean, everyone was drinking; I was just trying to be a social butterfly. I wanted everyone (but Cory) to see me and know that I was having a good time. 9. I was feeling pretty good by 1:00 a.m. A member of the house told me to go upstairs. I guess that’s where everyone goes at the end of the night. About 1:05 a.m., I went up to the third floor with some other members from the house. I don’t remember a lot after that. I remember the people on the third floor were talking about the diving team. One woman leaned over the balcony and said, “the diving board is probably this high; what a cool thing to do.” It seemed like everyone was saying that diving was cool. Before I knew it, I was encouraged to dive from the third floor deck. I climbed onto the railing and jumped. I decided to do a somersault in the air. My hands and face hit the water and my leg hit something hard. It took a few seconds before I could feel the pain. I came to the surface of the water. I couldn’t believe the pain in my leg. Someone pulled me out of the water and called an ambulance. 10. When I did the somersault, I didn’t make it all the way around and hit the side of the pool. I broke my leg in three places, and shattered my ankle. I had to have pins put in my ankle. I was in physical therapy for 8 months. I missed the entire second semester of college. Most importantly though, my life has changed forever. I can’t take a step without forgetting the stupid encouragement from Sigma Lamda to drink too much. I’ll never dance again. I can’t even walk normal. I walk with a significant limp and I will for the rest of my life. Without the encouragement from Sigma Lamda to drink too much and to dive into the pool, I wouldn’t be in this situation.

FURTHER AFFIANT SAYETH NOT. _______________________ Taylor Jones Subscribed and sworn before me this 10th day of April, 2001 by Taylor Jones. ______________________ Notary Public

STATEMENT OF EMERSON DOMINQUEZ

1. My name is Emerson Dominquez. I was born on May 17, 1982, and I am currently a student at The University. During the school year, I live in the Honors dorm. When school is not in session, I live with my parents. 2. I first met Taylor Jones during my sophomore year of high school. My family had just moved to Arizona, and I didn’t know anybody at school. Taylor was in a couple of my classes. It turned out that we had a lot of the same interests. We’ve been best friends ever since. 3. My parents were pretty strict, so I never invited many of my friends to our house. Taylor got a drivers license during our senior year. After that Taylor started insisting that we hook up with some of the other kids on Friday and Saturday nights. I was afraid that my parents would find out, but I finally gave in. My parents trusted Taylor. I would tell them we were going to the school football game or to catch a movie, or something like that. Normally, we would go to a desert party hosted by some of our classmates. 4. The first time I ever saw Taylor drink alcohol was at one of the high school desert parties. That happened a couple of times. I couldn’t believe how wild and crazy Taylor could become after having a few drinks. Some of our friends said that Taylor had “liquid courage”. I remember one party where there was a bonfire, and someone dared Taylor to walk across the fire barefoot. Of course, Taylor did it. I don’t think there’s a dare that Taylor wouldn’t take after having a few drinks. 5. Taylor went through the fraternity/sorority rush at the University, and decided to pledge Sigma Lamda fraternity/sorority. Taylor tried to get me to join too, but the Greek scene isn’t my style. Nevertheless, I occasionally would go with Taylor to some of the fraternity/sorority parties. It seemed that all anyone did at the parties was drink, play drinking games and brag about how much they can drink and the stupid things they do when they’re drunk. The goal of drinking games was to drink as much and as quickly as you can. When someone would “lose”, they would have to drink a shot of liquor or chug a beer. Everyone would shout, “Chug! Chug! Chug!” or “Drink! Drink! Drink!” The more you drank, the more popular you were. The parties usually would end early the next morning with several people passed out drunk. 6. The first time that I ever drank was at one of the Sigma Lamda fraternity/sorority’s parties. Most of the people at the party were playing one of the drinking games. I had never drank before, and I said I didn’t want to play. Some of the older fraternity/sorority members started teasing me, and they told me that I should just leave if I didn’t want to play and be part of the group. I rode with Taylor to the party, and Taylor wasn’t ready to leave, so I gave in and joined the drinking game. Now, I wish that I had never gone to any of the fraternity/sorority’s parties.

7. Since that party, I have attended several other parties sponsored by the Sigma Lamda fraternity/sorority. Both Taylor and I drank at all of the parties. In fact, I’m pretty sure that almost everyone at the parties was drinking alcohol. If Sigma Lamda isn't hosting a party, Taylor and I usually go to a party at the dorms or off campus. It's easy to find a drinking party. 8. Taylor asked me to go to the Sigma Lamda fraternity/sorority's big "Welcome Back" to school party on January 12, 2001. Taylor said it was one of the biggest parties and it would be lots of fun. Sigma Lamda made a flyer and spread it all over campus. After going to some of their other parties, I could tell this was a party you did not want to miss. 9. At about 5:30 on January 12, Taylor and I went to dinner with some other friends who were going to the party. I ordered a Chef's salad, and I remember Taylor ate alot. I remember telling Taylor that he/she must be eating all that food to soak up all the alcohol that he/she would be drinking at the party. Nobody in our group drank any alcohol at dinner. 10. After dinner we went to the Sigma Lamda party. It was approximately 7:00 p.m. and Taylor was one of the first people to get a drink. Taylor ordered his/her favorite drink, a rum and Coke. The party was still going strong at 1:00 a.m. when Taylor's accident happened. By that time, I had had four drinks and Taylor had six. Taylor could always drink more than me. 11. Shortly before 1:00 a.m., I joined Taylor and some other members of the fraternity/sorority on the third floor of the house. We were out on the balcony overlooking the swimming pool, and everyone was having a great time. Some of the members of the fraternity/sorority started reminiscing about the good old days when some of the past members would jump from the balcony into the pool. I think that is what they were talking about. I wasn't paying that much attention until I saw Taylor climb over the railing on the balcony. Before I could say or do anything, Taylor was diving into the pool. Needless to say, Taylor did not make a clean dive, it looked terrible. I just couldn't believe it! 12. I knew Taylor had had a few drinks before the jump, but I did not think he/she was that drunk. I was barely feeling the alcohol I drank. It was a crazy jump! FURTHER AFFIANT SAYETH NOT ____________________ Emerson Dominquez Subscribed and sworn before me this 30th day of March, 2001 by Emerson Dominquez ____________________ Notary Public

STATEMENT OF CHRIS WILSON

1. My name is Chris Wilson and I am an experienced Toxicologist with the Tucson Police Department Crime Laboratory. Please see my Curriculum Vitae for a complete list of my credentials.

2. I have reviewed the “facts” in the case of Taylor Jones vs. Sigma Lamda Fraternity/Sorority. These “facts” were a two page narration provided to me by Taylor Jones' attorneys. This narration describes the details of the events on January 12, 2001. I must emphasize that if the amount of time or alcohol varies from the facts given the blood alcohol level would also vary. 3. According to the facts, Taylor Jones drank 6 rum and cokes between 7 p.m. and 1 a.m. on January 12, 2001. 4. A standard rum and coke will have about ½ an ounce of pure Ethanol (drinking alcohol) in every drink. However, this can vary greatly depending upon how the bartender made the drink. 5. Based upon generally accepted scientific calculations a 140 pound person (Taylor Jones) rises a .025 alcohol concentration for every “standard” rum and coke. If all six rum and cokes were consumed at once, a 140 pound person would be a .150 blood alcohol content within an hour (.025 x 6). 6. In this case, there was a six hour period in which the alcohol was consumed. Taylor had six hours to metabolize (eliminate) the alcohol. 7. Based upon an average elimination (metabolism) rate a 140 pound person drinking six rum and cokes over six hours would be a .06 blood alcohol content at the end of the sixth hour. 8. Therefore, based upon these facts, I believe, with a reasonable degree of certainty, Taylor Jones had a .06 blood alcohol content at the time of the accident. The calculations used to obtain this number are generally accepted in the scientific community. I routinely perform these calculations as part of my testimony in Arizona courts. 9. Although .06 blood alcohol content is under the .08 alcohol level for driving and automobile in the State of Arizona, there is clear and convincing evidence to indicate that a person at that level would be impaired and could be guilty of driving under the influence. 10. Alcohol (Ethanol) is a central nervous system depressant. It can diminish the functioning of your brain, depending on the dose that is taken. Potentially any function controlled by the brain can be affected by alcohol. 11. The loss of a skill or the loss of intellect normally found in a sober person, to any degree, is an impairment.

12. Judgment has been shown to be impaired in some people with low alcohol levels (.02 blood alcohol content). Studies have shown that individuals are more likely to engage in risky behavior EVEN at low alcohol concentrations. Studies have also demonstrated that people lose their ability to gauge their own impairment level (self assessment) when consuming alcohol. Many studies also correlate poor balance, impaired vision (including depth-perception), and diminished coordination with alcohol consumption. Any or all of these problems may have contributed to the accident. 13. It is also important to add that the persons consuming alcohol are not reliable sources for their own drinking history; that is, people can easily forget how many drinks they have consumed since alcohol impairs both memory and perception. 14. It is also important to note that some alcoholic beverages have very little characteristic odor, and could accidentally be prepared and consumed as a nonalcoholic drink (i.e. vodka and orange juice). 15. I have reviewed this statement, and I have nothing of significance to add. The material facts are true and correct. __________________ Chris Wilson SIGNED AND SWORN to this 20th day of October 2001. ___________________________ Notary Public

STATEMENT OF QUALIFICATIONS NAME OF LAB: Tucson Police Department Crime Laboratory DATE: May 1, 2001 NAME: Chris J. Wilson JOB TITLE: Criminalist DISCIPLINE(S): Indicate all areas in which you do casework. Blood Alcohol Testing Breath Alcohol Testing EDUCATION: List all higher academic institutions attended. Institution Dates Attended Major Degree Completed U. of Arizona 1985 - 1989 Biology B.S. OTHER TRAINING: List continuing education, workshops, in-services, and other

formal training received. 1994 RBT-IV Operator and Quality Assurance Specialist Course, Arizona Department of

Health Services 1994 Intoxilyzer 5000 Operator and Quality Assurance Specialist Course, Arizona Department of Health Services 1994 "Borkenstein School," Indiana University 1997 RBT-IV Technical Maintenance and Repair course, Intoximeters 1998 International Association of Forensic Scientists - Triannual Conference 1999 International Association of Chemical Testers - Annual Conference 2000 International Association of Chemical Testers - Annual Conference 2000 California Association of Criminalists - Standard Field Sobriety Testing, Dr. Burns 2000 HGA/SFST Training - In-service training by George Epply and Chris Andreacola 2000 Intoxilyzer 5000 EN Operator and Quality Assurance Specialist Course, Arizona Department of Health Services 2001 American Association of Criminalists - NHSTA Workshop and Ethics Workshop 2001 Intoxilyzer Users Group - 17th Annual Conference COURTROOM EXPERIENCE: List the discipline(s) in which you have qualified to testify as an expert witness and indicate over what period of time and approximately how many times you have testified in each. Effects, Pharmacokinetics, and Testing of Alcohol 1995 - Present: 330 times PROFESSIONAL AFFILIATIONS: List any professional organizations of which you are or have been a member. Indicate any offices or other positions held and the date(s) of these activities.

International Association for Chemical Testing 1996 - Present EMPLOYMENT HISTORY: List all scientific or technical positions held, particularly those related to forensic science. List current position first. Give a brief summary of principal duties in each position. (1) Job Title: Criminalist/Laboratory Technician Employer: Tucson Police Department

Principal Duties: · Maintenance of breath testing devices. · Training of law enforcement personnel in breath test device operation. · Marijuana analysis. · Analysis of blood for alcohol content. · Expert testimony in the following areas: · Alcohol pharmacology; retrograde extrapolation; instrument analysis; field sobriety testing; effects of alcohol.

Tenure: 1994 to Present OTHER QUALIFICATIONS: Intoxilyzer 5000 Operator Permit 1994 - Present Intoxilyzer 5000 Quality Assurance Specialist 1994 - Present Intoxilyzer 5000 Instructor 1996 - Present RBT-IV Operator Permit 1994 - Present RBT-IV Quality Assurance Specialist 1994 - Present RBT - IV Instructor 1996 - Present Intoxilyzer 5000 EN Operator Permit 2000 - Present Intoxilyzer 5000 EN Quality Assurance Specialist 2000 - Present Intoxilyzer 5000 EN Instructor 2000 - Present Blood Analyst Permit 1999 - Present (All permits from Arizona Department of Health Services.)

Statement of Cory Cunningham 1. My name is Cory Cunningham. I was born and raised in Arizona. After graduating from high school, I enrolled at the University. I am currently a junior majoring in Business Administration. Upon receiving my degree, my plans are to enroll in the School of Law. I am currently the president of Sigma Lamda. 2. I rushed Sigma Lamda fraternity/sorority in my freshman year because I wanted to be a part of the overall college experience. I did not want to be a student who only attended classes and lived off-campus. I wanted to live with other students and share both the social and academic aspects of college life. I also knew by being a member of Sigma Lamda it would present me with invaluable opportunities to cultivate friendships with people who could be valuable contacts later in life. 3. Fraternities/Sororities are more than just a place to sleep, study and party. Members are involved in the community both on and off campus. Sigma Lamda is no exception. Many of our members have volunteered their time and efforts to many worthwhile causes. We have sponsored fundraisers for the United Way and other charities. 4. In my two-plus years as a member of Sigma Lamda, I have attended a wide variety of social events, both on and off campus. At many of these events alcoholic beverages are served. I know from experience that at many of these parties, alcohol is served to underage students. During my freshman year I was able to drink at some parties even though I was under 21. If I drank, it was always responsibly. The peer pressure to drink and participate in the games at parties is, at times, overwhelming to some younger students. 5. When I became president of Sigma Lamda, I was determined to keep a close tab on the drinking at social events that occurred in my fraternity/sorority house. I didn’t want to have trouble with underage drinking while I was president. Students should only drink if they are of legal age and drink responsibly. My goal as president was to ensure no Sigma Lamda parties included underage drinking and that all partiers drank responsibly. 6. Sigma Lamda does not encourage drinking by anyone. I talk personally with every new member of Sigma Lamda about drinking responsibly. I place extra emphasis on the fraternity/sorority both on the national and local level not allowing underage drinking at any of our sponsored events. I explain both the legal aspects and dangers of excessive and underage drinking. I have even acquired a series of pamphlets dealing with alcoholism, substance abuse and the effects alcohol can have on judgment and normal behavior. I make these pamphlets readily available to all members. 7. For our "Welcome Back" party on January 12, 2001, I knew we would have a large crowd. After all I had personally made and passed out over 300 flyers advertising the party. I wanted to be sure that all went smoothly. On behalf of Sigma Lamda, I entered into a contractual agreement with Extreme Party - Rent a Bar to serve both

alcoholic and nonalcoholic beverages. They provided us with colored wristbands to issue to all who attended the party; blue for over 21 and red for those under 21. At the party I and other officers of Sigma Lamda personally checked the identification of everyone we did not know and issued the appropriate wristband. My policy is to talk to all the Sigma Lamda members under 21 and remind them they are not allowed to drink. 8. I personally issued Taylor his/her red wristband. I had spoken to Taylor before about drinking alcoholic beverages as he/she was a new member. Taylor had told me not to worry because he/she did not think drinking was cool and he/she was not about to break the law. I believed Taylor. 9. The party was very busy and I knew the bartenders had their hands full just mixing and serving drinks. I personally went around during the entire evening checking to make sure nobody there were no underage drinkers. 10. On several occasions throughout the evening I saw Taylor Jones and made a point to check his/her wristband. Each time Taylor was wearing the correct red wristband. I also visually checked Taylor’s drink to make sure he/she didn’t have a beer. Taylor was always drinking soda. 11. Around 1:00 a.m., I was on the third floor balcony with a number of other Sigma Lamda members. Taylor Jones was also there. The balcony overlooks the swimming pool and the topic of conversation turned to the swimming/diving team and how cool it looks when they execute those graceful high dives. I recall someone mentioned the balcony was about the same height as the high diving board and others talked about how cool and exciting it must be to dive from such a height. There were claims and bragging stories bantered about how a few past members had dove from the balcony into the pool. I have never previously seen it happen. There were a few typical jokes about jumping. I never advocated anyone try such a stunt. Taylor’s jump was something he/she did on his/her own. Nobody forced Taylor or pushed him/her. It’s unfortunate Taylor was injured, but he/she has to be accountable for his/her own decisions. FURTHER AFFIANT SAYETH NOT. _____________________________ Cory Cunningham Subscribed and sworn before me this September 21, 2001 by Cory Cunningham. ___________________________ Notary Public

STATEMENT OF TRACY ORTIZ

1. My name is Tracy Ortiz. I am the President of National Sigma Lamda Fraternity/Sorority and have held that office since January 1, 2000. It is a three year obligation. I received my Bachelor’s of Business Administration at State University in 1977. I held the positions of President of the local collegiate chapter at State University, along with House Manager, Altruistic Chairman and a member of the Chapter Relations Board while an undergraduate student. Since graduating I have been active in the alumna(e) chapter in town and have held various national positions at national headquarters for the last 5 years. The National fraternity/sorority President is a paid position. 2. Sigma Lamda takes a very strong stand against underage drinking. In the past 15 years Sigma Lamda has developed a strong anti-drinking policy. When the men/women pledge Sigma Lamda they are given a handbook of the rules and expectations for pledges and active members. In this handbook, there are strict guidelines against underage drinking in and out of the fraternity/sorority house. Members vow to take responsibility and discourage other members and pledges who are under 21 from drinking. We highly discourage underage drinking and want it to be socially unacceptable. The Chapter Relations Board is a board consisting of alumna(e) advisors and members within Sigma Lamda. They determine the disciplinary actions for members who have been caught drinking underage. Some disciplinary procedures include calling parents, giving fines, additional phone duty, house cleaning duties, etc. We take this matter seriously and have spent hundreds of thousands of dollars in the past 5 years educating our members and pledges. 3. Every year advisors from National Sigma Lamda visit each chapter. During that visit, the advisor presents videos, roundtable discussions, and provides information concerning underage drinking. The chapters are ranked every year according to drinking violations, community service, grades, campus activities, sports, etc. It is our intention that each chapter, including the University’s, strives to achieve a high ranking. Recognition is given to each chapter that is successful with these goals. We also provide financial assistance for members who need drug/alcohol treatment. We, at Nationals, also have a partnership with the local Sigma Lamda to promote alcohol awareness at the chapter level through various activities, including booths at school fairs, high school talks, joint nonalcoholic parties, etc. 4. When I was in college, underage drinking was very common. Also, the drinking age was 19, not 21. It was rare that someone didn’t drink at parties. Frequently, there were drinking games and drinking-themed parties. Back in those days, we would order special shot or wine glasses with the name of the party, the fraternity/sorority, and the date on them. We took the glasses to the party and used them. Most of the social budget was spent on alcohol, kegs, cups, etc. Times have changed, thank heavens, due to many unfortunate accidents, deaths, and the rise in the legal drinking age. There is more emphasis on staying sober, not drinking and driving, and having a designated driver. 5. Some Sigma Lamda chapters are “dry”. However, this makes up the minority of chapters. There is considerably less drinking in the fraternity/sorority house on a dry campus, but problems still exist. It has been our belief that the more realistic approach is to provide alcohol education for our pledges and members, establish high expectations for upholding the law, and have disciplinary action for those who break it. We believe, since over 50% of our members are

over the legal drinking age of 21, that individuals need to learn restraint and responsibility with alcohol. Additionally, the fraternity/sorority house is not the only location where members will come into contact with alcohol, so they must learn to be responsible. 6. I have not personally visited the Sigma Lamda chapter house at the University. However, I do make tours of many campuses throughout the year and am familiar with chapters of the University's size. I use information from my personal visits at chapters, other National members visits and each chapters biannual reports to compile information regarding the chapters. This information is used to determine the rankings I mentioned earlier. 7. The 1999-2000 National Sigma Lamda Chapters report includes personal information on chapter members, financial information, and the activities of the members. The following is a brief synopsis of the University’s activities which were taken from the 1999-2000 report.

GRADE POINT AVERAGE: Over the last 5 years, Sigma Lamda has consistently been among the top 3 fraternity/sorority in grade point averages. Last year the pledges at the University had the highest G.P.A. in the Greek system; 3.46, for spring semester. ALTRUISTIC ACTIVITIES: The Sigma Lamda chapter has provided time and/or money to the following charities: 1) Shelter for Domestic Violence; 2) Coats for Kids; 3) MS Walk-a-Thon; 4) Cystic Fibrosis; 5) teaching kids to read at a nearby elementary school; 6) hosts annual Halloween party for local kids and children of alumnae; 7) Easter Egg Hunt for local families; 8) adopt a family for Christmas; 9) annual tea to raise money for National Alliance for the Mentally Ill; and 10) Habitat for Humanity. INTERCOLLEGIATE ACTIVITIES: The Sigma Lamda chapter worked with the other fraternity/sorority houses on the University campus by: 1) hosting a nonalcoholic party for alcohol awareness week; 2) participating in the American Heart Walk; 3) coordinating the collection of diapers for YMCA’s women’s abuse center; and 4) participating in Arts in the Park with local kids COLLEGIATE INVOLVEMENT: The Sigma Lamda chapter members of 1999-2000 participated as: 1) Homecoming King/Queen; 2) two were senators in The University senate; 3) two were on the track team; 4) four were on the tennis team; 5) three were on the ski team; 6) two were on the cheer leading squad; 7) one was a part of the marching band; and 7) one was an assistant legislative aid to our United States Senator.

___________________________ Tracy Ortiz President of National Sigma Lamda Fraternity/Sorority SIGNED AND SWORN to this 11th day of July 2001. ______________________________________ Notary Public

STATEMENT OF SAM/SAMANTHA RICHARDS

1. My name is Sam/Samantha Richards. I have lived in Arizona for the last 15 years. I was originally born and raised in San Francisco, California. I am married and have two children - a boy, Darrell, who is 15 and a daughter, Rachel, who is 19. 2. I have owned Extreme Party - Rent a Bar since October 1986. I purchased the Company from Johnny Walker upon my move to Arizona. In fact, the move was precipitated by the opportunity to purchase the business. I had been the head bartender for a prestigious San Francisco supper club and wanted to get into business for myself. When the opportunity to purchase this company arose, I jumped at the chance. 3. Prior to my ownership, the business was primarily a full service catering company named "Party with Us." It included the provision of bar services, if requested. Given my background and the demographics with the University in town, I changed the business focus to bartending services and renamed the company to attract the fun-loving young adult audience. 4. The business plan I established was more successful than I imagined. The business grew and I was able to lower the costs of the operation due to the more limited services. Apparently, younger groups are not looking for a full food service. Rather they hire companies to provide alcohol and maybe music for their parties. Over the 15 years, the gross income of the business has grown by almost 125%. The secret is repeat business and keeping the customer happy. I do that by keeping the partygoers happy. 5. Over the years, Extreme Party - Rent a Bar has contracted to provide bar services for many University events. Some of these events have been cocktail hours and wine parties for the University itself. However, some of our biggest clients have been the fraternities and sororities. They each have a regular slate of parties and events. Recently, some of the fraternities and sororities have “gone dry” at their events. This has prompted me to offer better deals to the remaining ones and to solicit growing business from University clubs, dormitories and private off campus events. Given the chance, we make it a point to show every fraternity or sorority member how great a party we can provide. 6. When a group hires us, we offer full bar services, which includes beer, wine, mixed drinks and hard alcohol. We also offer some nonalcoholic drinks. Most of the nonalcoholic drinks are like Coca-Cola or Club Soda that we have on hand for drink mixers. However, we make more money on the alcoholic drinks. 7. Sigma Lamda fraternity/sorority entered into a contract with Extreme Party - Rent a Bar for their "Welcome Back" to School party on January 12, 2001. Sigma Lamda had used our services one time in the past, approximately one-year ago. I was glad to have them as repeat business. I knew they usually had about five major parties/events a year

and I knew if we “showed them how to have a good time” they would hire us for all their parties. 8. Our contract provided that the fraternity/sorority would check everyone’s identification and issue wristbands designating who was 21 years old and who was not. If someone was over 21 years of age, they were to be issued a blue wristband. If they were under 21, they would be given a red wristband. Extreme Party - Rent a Bar supplied the wristbands for Sigma Lamda to hand out to each guest. 9. We have used the wristband system at many events in the past. It is helpful because it is quicker and easier for our bartenders to check a wristband with a glance rather than check identification all night. Also this puts the responsibility on the fraternity/sorority to check their own members and guests. They know how old everyone is anyway, and there is less chance for trickery with fake identification. I witnessed Cory Cunningham and other officers of Sigma Lamda checking the identification of all guest before issuing the wristbands. 10. We have learned it is possible to change the color of the wristbands with a felt marker. Sometimes you can notice this change if it is not too dark. Also if they are not put on securely, the bracelets can be removed easily. Thus, they can be traded or transferred among the guests. However, most people do not go to great lengths to “cheat.” Also it is the fraternity/sorority's job to monitor their members and guests. It is only our job to serve the drinks and make sure everyone has a good time. 11. At the "Welcome Back" party, I agreed to provide two “drink specials” as a bonus to the fraternity/sorority. These drinks were offered at a cheap price in order to make the fraternity/sorority look good to the attendees. We agreed the specials were: “Long Island Ice Tea” and Rum & Coke. 12. At the party, the drink specials were a big hit. As a result, we sold a large number of them. To help meet the demand, I had one bartender do nothing but prepare these two drinks and keep a ready supply of them at the bar for the other bartenders to just hand to people who wanted them. Given that the party has two bars, you can imagine the number of these drinks that were being consumed. 13. There were five bartenders plus myself working the Sigma Lamda event. All of the Party Extreme - Rent a Bar bartenders who worked the "Welcome Back" event were quite experienced. One of them has worked with me for seven years. They have all been trained to recognize when someone is intoxicated and not to serve liquor to an intoxicated person. We have all attended classes on the effects of alcohol and know when to cut someone off. They were also trained regarding the wristband system because I use this crew for all fraternity/sorority events. The bartenders range in age from 22 years to 31 years old. They are my “rock n' group.” I have never received any complaints about any of them.

14. None of my bartenders or myself remembers specifically serving drinks of any kind to Taylor Jones. There were a lot of people at the party but usually we remember faces. However, none of us could recall Taylor when we all looked at a picture. I can state as a fact that no one was served that was not wearing an appropriate blue wristband. Moreover, even if a mistake could occur, I heard that when Taylor went to the hospital he/she was wearing a blue wristband. 15. It is true that when I was working at a nightclub in San Francisco many years ago I was cited for serving underage persons. However, it was a set up and an undercover officer tricked me. Plus she looked and talked old enough. That is why the Arizona Board of Liquor Control delayed my liquor license renewal after I purchased Party Extreme - Rent a Bar. However, I do have a license and it has been in good standing since I have been in business. 16. Party Extreme - Rent a Bar has been investigated for alleged liquor violations by the Arizona Liquor Board over the years but so has everyone else. My license has never been revoked or suspended. We were cited once for not checking identification at a fraternity/sorority event some years ago, but thereafter I instituted the wristband policy. The Liquor Board has told me the wristband policy is within compliance. 17. Party Extreme - Rent a Bar was originally sued in this case by Taylor Jones, but we decided it was easier to settle out of court than to pay the expense of trial. We settled for a minor amount which Sigma Lamda had to pay based on our contract. I agreed I would help Sigma Lamda if their case went to trial, after all they were out some money and I wanted to keep a good working relationship. The best part was the Liquor Board found only a minor violation. I had to pay $5,000 and that was it. 18. I believe that fraternities and sororities are a great part of the college experience. Members develop lifelong friendships and learn a lot about community service, teamwork and loyalty. I was a member of the Phi Gamma Delta fraternity/sorority at the University of California at Berkeley. The contacts I made are still assets to me today. Also, my daughter, Rachel, is a member of the Alpha Phi Sorority at the University of Charleston, where she is studying pre-med. FURTHER AFFIANT SAYETH NOT. Sam/Samantha Richards Subscribed and sworn to before me this 31st day of October, 2001 by Sam/Samantha Richards. Notary Public

CONTRACT This Contract is entered into on January 5, 2001, between EXTREME PARTY - RENT A BAR (“Extreme”) and SIGMA LAMDA Fraternity/Sorority (“SIGMA”). The parties agree as follows: 1. Bar Services. On January 12, 2001, Extreme shall provide Sigma full bar services during its “Welcome Back” party, including 6 experienced bartenders, various types of domestic beers and wines, hard liquors, ingredients for common mixed drinks, and soft drinks. 2. Cost. Sigma shall pay Extreme a fixed rate of $100 per hour for the Bar Services plus the following per drink charges: Beer/Wine $1.00 Mixed Drinks $1.50 Hard Liquor $1.75 Soft Drinks $ .75 3. Bonus Price Drink Specials. Extreme shall also provide “Long Island Iced Teas” and “Rum and Cokes” during the event for $1.25 each. 4. Minors. Extreme will provide Sigma with color coded wristbands for use in designating which guests are legally permitted to drink alcohol and which are not. Sigma shall be solely responsibly for verifying the age of each guest, distributing blue wristbands to guests over the age of 21 and red wristbands to guests under the age of 21, and monitoring that each guest wears the appropriate wristband throughout the course of the event. Sigma acknowledges that Extreme will rely exclusively on the wristbands to determine which guests may legally be served alcohol. 5. Indemnity: Sigma shall indemnify Extreme for any and all liability and damages arising out of or relating to a minor’s being served alcohol during the event unless it was caused by Extreme’s gross negligence. Dated as of the date first set forth above. Extreme Party - Rent a Bar Sam/Samantha Richards Sigma Lamda Fraternity/Sorority Cory Cunningham

Welcome Back Party

EVERYONE WELCOME !!!

WHEN: JANUARY 12, 2001 - 7 to 1

WHERE: SIGMA LAMDA HOUSE

WHAT: IT’S A PARTY!!! DRINKS SERVED BY EXTREME PARTY - RENT A BAR

DON’T MISS THE FUN

SUPPLEMENTAL

***Please note: In addition to the supplemental information provided, you can refer to case “ONTIVEROS v BORAK, 136 Ariz. 500, 667 P.2d 200, 1983” for further references to negligence.

Effects At Specific B.A.C. Levels (related to the Blood Alcohol Concentration (BAC)

The effects of alcohol intoxication are greatly influenced by individual variations among users. Some users may become intoxicated at a much lower Blood Alcohol Concentration (BAC) level than is shown. 0.02-0.03 BAC: No loss of coordination, slight euphoria and loss of shyness. Depressant effects are not apparent. Mildly relaxed and maybe a little lightheaded. 0.04-0.06 BAC: Feeling of well-being, relaxation, lower inhibitions, sensation of warmth. Euphoria. Some minor impairment of reasoning and memory, lowering of caution. Your behavior may become exaggerated and emotions intensified (Good emotions are better, bad emotions are worse) 0.07-0.09 BAC: Slight impairment of balance, speech, vision, reaction time, and hearing. Euphoria. Judgment and self-control are reduced, and caution, reason and memory are impaired (in some states .08 is legally impaired and it is illegal to drive at this level). You will probably believe that you are functioning better than you really are. 0.10-0.125 BAC: Significant impairment of motor coordination and loss of good judgment. Speech may be slurred; balance, vision, reaction time and hearing will be impaired. Euphoria. It is illegal to operate a motor vehicle at this level of intoxication (under Michigan law). 0.13-0.15 BAC: Gross motor impairment and lack of physical control. Blurred vision and major loss of balance. Euphoria is reduced and dysphoria (anxiety, restlessness) is beginning to appear. Judgment and perception are severely impaired. 0.16-0.19 BAC: Dysphoria predominates, nausea may appear. The drinker has the appearance of a “sloppy drunk.” 0.20 BAC: Felling dazed, confused or otherwise disoriented. May need help to stand or walk. If you injure yourself you may not feel the pain. Some people experience nausea and vomiting at this level. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely at this level so you may not remember what has happened. 0.25 BAC: All mental, physical and sensory functions are severely impaired. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents. 0.30 BAC: STUPOR. You have little comprehension of where you are. You may pass out suddenly and be difficult to awaken. 0.35 BAC: Comma is possible. This is the level of surgical anesthesia. 0.40 BAC and up: Onset of coma, and possible death due to respiratory arrest.

Arizona State Law ARS 4-241 . Selling or giving liquor to underage person; illegally obtaining liquor by underage person; violation; classification

A. A licensee, an employee or any other person who questions or has reason to question whether or not a person ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure the serving or delivery of spirituous liquor is under the legal drinking age shall require the person to exhibit a written instrument of identification and may require the person on a card to be retained by the licensee to sign the person's name, the date, and the number of such identification. The following written instruments are the only acceptable types of identification:

1. An unexpired driver license issued by any state or Canada, provided such license includes a picture of the licensee.

2. A nonoperating identification license issued pursuant to section 28-3165.

3. An armed forces identification card.

4. A valid unexpired passport or border crossing identification card which is issued by a government or voter card issued by the government of Mexico and which contains a photograph of the person and the date of birth.

B. A licensee, an employee or any other person who sells, gives, serves or furnishes spirituous liquor to a person who is under the legal drinking age without having recorded and retained a record of the person's age or a dated and signed photocopy of the instrument of identification exhibited as prescribed by subsection A of this section is deemed to have constructive knowledge of the person's age.

C. A person who is under the legal drinking age and who misrepresents the person's age to any person by means of a written instrument of identification with the intent to induce a person to sell, serve, give or furnish spirituous liquor contrary to law is guilty of a class 1 misdemeanor.

D. A person who is under the legal drinking age and who solicits another person to purchase, sell, give, serve or furnish spirituous liquor contrary to law is guilty of a class 3 misdemeanor.

E. A person who is under the legal drinking age and who uses a fraudulent or false written instrument of identification or identification of another person or uses a valid license or identification of another person to gain access to a licensed establishment is guilty of a class 1 misdemeanor.

F. A person who uses a driver or nonoperating identification license in violation of subsection C or E of this section is subject to suspension of the driver or nonoperating identification license as provided in section 28-3309. A person who does not have a valid driver or nonoperating identification license and who uses a driver or nonoperating identification license of another in violation of subsection C or E of this section has the person's right to apply for a driver or nonoperating identification license suspended as provided by section 28-3309.

ARS 4-241 Continued

G. A person who knowingly influences the sale, giving or serving of spirituous liquor to a person under the legal drinking age by misrepresenting the age of such person or who orders, requests, receives or procures spirituous liquor from any licensee, employee or other person with the intent of selling, giving or serving it to a person under the legal drinking age is guilty of a class 1 misdemeanor.

H. A person who is of legal drinking age and who is an occupant of unlicensed premises is guilty of a class 1 misdemeanor if both of the following apply:

1. Such person knowingly allows a gathering on such unlicensed premises of two or more persons who are under the legal drinking age and who are neither:

(a) Members of the immediate family of such person.

(b) Permanently residing with such person.

2. Such person knows or should know that one or more of the persons under the legal drinking age is in possession of or consuming spirituous liquor on the unlicensed premises.

I. For purposes of subsection H of this section, "occupant" means a person who has legal possession or the legal right to exclude others from the unlicensed premises.

J. A peace officer shall forward or electronically transfer to the director of the department of transportation the affidavit required by section 28-3310 if the peace officer has arrested a person for the commission of an offense for which, on conviction, suspension of the license or privilege to operate a motor vehicle is required by section 28-3309, subsection A or B.

K. A person who acts under a program of testing compliance with this title which is approved by the director is not in violation of section 4-244.

L. Law enforcement agencies may use persons who are under the legal drinking age to test compliance with this section and section 4-244, paragraph 9 by licensees suspected of violating this section or section 4-244, paragraph 9. A person who is under the legal drinking age and who purchases or attempts to purchase spirituous liquor under the direction of a law enforcement agency pursuant to this subsection is immune from prosecution for that purchase or attempted purchase. Law enforcement agencies may use a person under the legal drinking age pursuant to this subsection only if:

1. The person is at least fifteen but not more than nineteen years of age.

2. The person is not employed on an incentive or quota basis.

3. The person's appearance is that of a person who is under the legal drinking age.

ARS 4-241 Continued 2

4. A photograph of the person is taken no more than twelve hours before the purchase or attempted purchase. The photograph shall accurately depict the person's appearance and attire. A licensee or an employee of a licensee who is cited for selling spirituous liquor to a person under the legal drinking age pursuant to this subsection shall be permitted to inspect the photograph immediately after the citation is issued. The person's appearance at any trial or administrative hearing that results from a citation shall not be substantially different from the person's appearance at the time the citation was issued.

5. The person places, receives and pays for the person's order of spirituous liquor. An adult shall not accompany the person onto the premises of the licensee.

6. The person does not consume any spirituous liquor.

M. The department may adopt rules to carry out the purposes of this section.

FORMS

MOCK TRIAL PARTICIPANTS LIST

SCHOOL NAME: TEAM: DATE: PLEASE TYPE THE NAME OF EACH STUDENT, TEACHER-COACH AND ATTORNEY-COACH. THE NAMES WILL BE USED ON PROGRAMS AND CERTIFICATES. STUDENTS PLEASE CIRCLE ONE: 1. M F 2. M F 3. M F 4. M F 5. M F 6. M F

ALTERNATES (IF APPLICABLE)

7. M F 8. M F

TEACHER-COACH(ES) 1. M F 2. M F

ATTORNEY-COACH(ES) 1. M F 2. M F

DEADLINE: January 25, 2002 Send to:

Arizona Bar Foundation Attn: Susan Nusall, Mock Trial State Coordinator

111 West Monroe, Suite 1800 Phoenix, AZ 85003-1742

STUDENT ROSTER This form is to be completed prior to the beginning of each Round and handed to the judge when the delegated student introduces the team members. SCHOOL AND/OR TEAM NAME __________________________________________________ ROUND I II III IV SEMI FINALS FINALS (circle one) PLAINTIFF/PROSECUTION DEFENDANT (circle one) Please print student names and indicate alternates where applicable. ATTORNEY ____________________________________________________ ATTORNEY ____________________________________________________ ATTORNEY ____________________________________________________ WITNESS ____________________________________________________ WITNESS ____________________________________________________ WITNESS ____________________________________________________

ARIZONA MOCK TRIAL PROGRAM Judging Guidelines I. OUTLINE OF TRIAL PROCEDURE A. Judges should announce when they are ready, and introduce themselves and the case

caption. B. Have a representative from each team approach the bench and provide the Student

Participation Forms to the Judge. Have the teams introduce themselves and the roles that each student is playing.

C. Judges should be extremely cognizant of time. Attempt to keep teams on time

throughout the tournament. Judges can deduct points for baseless and excessive objection or arguments and other actions which take too much time. In no instance should a Judge cut-off a closing argument or prevent a team from presenting its closing argument.

D. At the end of the trial, the Judges should remain at the bench and immediately

complete their scoring sheets, including adding their points, prior to giving any critiques to the students. Indicate at the bottom of the score sheet the name of the individual who was the outstanding performer from that round. Scoring sheets and the Student Participation Forms for each team should be given to the runner immediately after the tournament and prior to giving any critique to the students.

E. ANNOUNCE THE DECISION WITH REGARD TO THE MERITS OF THE

CASE ONLY (i.e. DID PLAINTIFFS/STATE CARRY ITS BURDEN OR NOT). NEVER ANNOUNCE THE DECISION WITH REGARD TO PERFORMANCE AND SCORE.

F. In closing, give brief comments and critiques as to perceptions to student knowledge

and skill gained from preparing the case. Please limit your comments to five minutes or less. Do not embarrass any team members when critiquing. The goal of critiquing is to assist teams in presenting the case in future rounds.

II. IMPORTANT RULES OF THE TOURNAMENT A. Review the Guidelines for Standardized Scoring. It is important for Judges to be

familiar with the Criteria for Evaluating Student Performance in order to ensure uniformity in scoring and judging.

B. Every witness must be called as part of the tournament. If a team decides, for

strategy reasons, not to call a witness, they may so inform the Judge. However, the team still must put the witness on the stand in order for the witness' performance, along with the performances of the attorneys questioning the witness, to be scored. Witnesses may not use notes while on the witness stand.

C. Only the attorney questioning or cross examining a witness may make objections for that witness. Any team member may make an objection for improper communications. Only attorneys may confer with one another. Conferring between

attorney and witness, or conferring among witnesses is expressly prohibited and may result in a deduction of points. Be watchful of improper coaching "on the sidelines" or improper communications. If you note such improper communications, solve the problem. For example, Judges may wish to first give admonition; if the coaching continues, Judges may deduct points.

D. It is in the Judge's sole discretion whether to allow re-direct and re-cross examination

of witnesses. We strongly urge Judges to, generally, not allow re-direct and re-cross examination because time is often too short.

E. Judges should be thoroughly familiar with the problem and have it available during

the tournament. The rules of the tournament allow teams to object based upon the fact that certain facts are not a part of the problem. If the Judge is not specifically familiar with the fact being objected to, the Judge should rely on counsel to cite the page of the problem where the alleged fact exists in order to allow the Judge to make the proper ruling.

F. The Mock Trial Rules of Evidence apply to the tournament, and are different that the

Arizona Rules of Evidence. Judges should familiarize themselves with the Mock Trial Rules of Evidence, and be familiar with the differences for the rules they are normally used to enforcing. For instance, under the Mock Trial Rules of Evidence, admissions against interest are only exceptions to the hearsay rule if made a party in the case.

G. All documents have been stipulated to for authentication purposes. H. Teams may videotape the round unless the other team objects. I. TECHNICAL OBJECTION. Rule 501 of the Mock Trial Rules of Evidence allows

an objection that the opposing attorneys have violated the Rules of Evidence of the Rules of the Tournament. Although Judges should be familiar with all the Rules, if the Judge is not familiar with the Rule at the time of the objection, the Judge should seek assistance from counsel from each party, to direct the Judge to the specific Rule that the attorney is claiming has been violated. The Judge should also give the opposing side an opportunity to explain why they think that the Rule has not been violated. In no instance should a Judge merely overrule the objection because the Judge is not familiar with the Rule claimed to have been violated.

J. DISPUTE RESOLUTION. Judges should be aware that the Rules of the

Tournament allow teams to communicate to the Tournament Coordinator if they believe that there has been a significant Rules violation. The dispute resolution process allows the Tournament Coordinator to hear from both teams with regard to the alleged Rules violation. If the Tournament Coordinator determines that no Rules violation has been committed, that is the final disposition. If the Tournament Coordinator determines that a possible Rules violation does exist, the Trial Judge will be informed of the dispute, and given a summary of each team's argument by the Coordinators.

When Rules violations are brought to the attention of the Tournament Coordinators, they will attempt to have the dispute resolved immediately, while the circumstances surrounding the alleged violation are still present in the minds of the teams and the Judge.

ALL JUDGES SHOULD READ THE DISPUTE RESOLUTION GUIDELINES

OF THE RULES OF THE PROGRAM. III. NO APPEARANCE OF IMPROPRIETY A. Judges should not participate in judging a round if they have a relative who is a

student at the school; JUDGES SHOULD NOT EXCHANGE GREETINGS WITH ATTORNEYS OR COACHES THAT THEY KNOW DURING THE TOURNAMENT; GENERALLY, STUDENTS THAT THEY KNOW DURING THE TOURNAMENT; GENERALLY, STUDENTS TAKE EVERY GESTURE OR COMMENT VERY SERIOUSLY. BE CAREFUL.

IV. MISCELLANEOUS A. All witnesses should stand and be sworn at the outset of the trial, or an admonition

given to all witnesses that they been sworn to tell the truth. B. Each year's problem has appended to it various documents relative to an underlying

social issue addressed in the problem. Additionally, the problem will have Statements of Fact and Statements of Stipulated Facts. This information is not documentary evidence, and may not be used as exhibits, not may it be used to impeach witnesses. If a witness testifies contrary to the Statement of Facts of the Statement of Stipulated Facts, the other side's only remedy is to make a Technical Objection.

C. Judges are reminded that uniformity and professionalism are essential during the

Tournament. Students involved in the Tournament take the Tournament very seriously, as they should, and everyone involved should respect the importance of the Tournament to the participants.

GUIDELINES FOR STANDARDIZED SCORING

The judge/scorer is scoring student performance in each category and not scoring legal merits of the case. It is recommended that scorers use the "5-6" range as an indication of an average performance, and adjust higher or lower for stronger or weaker performances. Scoring must be on a whole number basis (partial points not allowed). Points will be awarded based upon the criteria set forth below. Points 1-2 3-4 5-6 7-8 9-10

Performance Not effective (Poor) Fair Good (Average) Excellent Outstanding

Criteria for Evaluating Students' Performance Disorganized, unsure of self, illogical, uninformed, demonstrates lack of preparation, and understanding of task, simply ineffective in communications. Minimal performance and preparation; performance is passable but lacks depth in terms of knowledge of task and materials; communication lack clarity and conviction. Good, but less than spectacular performance; fundamental understanding of task and can perform outside the script but with less confidence than when using the script; grasps major aspects of the case but does not convey a mastery of the case; communications are clear and understandable but could be more persuasive; acceptable but uninspired performance. Presentation is fluent, persuasive, clear and understandable; organizes materials and thoughts will and exhibits a mastery of the case and of the materials provided; presentation was both believable and skillful. Thinks well on feet, is logical, keeps poise under duress; performance was resourceful, original, and innovative; can sort out the essential from the non-essential and uses time effectively, to accomplish major objectives; knows how to emphasize vital points of trial and emphasizes them.

Arizona High School Mock Trial Competition

Region _______

Score Sheet

P=Prosecution/Plaintiff __________________ D=Defendant/Defense ________________

Using a scale of 1 to 10, rate the P and D in the categories below. DO NOT USE FRACTIONAL POINTS.

Not Effective Fair Good Excellent Outstanding __________________________________________________

1 2 3 4 5 6 7 8 9 10

Score Sheet P D

Opening Statement (______) (______)

Prosecution/Plaintiff Direct Examination First Witness Witness Presentation

(______) (______)

Cross-Examination

(______)

Prosecution/Plaintiff Direct Examination Second Witness Witness Presentation

(______) (______)

Cross-Examination

(______)

Prosecution/Plaintiff Direct Examination Third Witness Witness Presentation

(______) (______)

Cross-

Examination

(______)

Defendant/Defense First Witness Cross Examination

(______)

Direct Examination

Witness Presentation

(______) (______)

Defendant/Defense Second Witness Cross Examination

(______)

Direct Examination

Witness Presentation

(______) (______)

Defendant/Defense Third Witness Cross Examination

(______)

Direct Examination

Witness Presentation

(______) (______)

Closing Argument (______)

(______)

Subtotal (______)

(______)

Penalty Points (______)

(______)

Total Points (Absolutely no ties) (______)

(______)

Judge______________________

Courtroom __________________ Round (circle one) 1 2 3 4 Competition: Regional State