eBAR Certification 

Version 1.0

Contents 2

Preface 3

About the Bar Exam 4

About San Andreas Law 5

Pre-Trial Legal Procedure 

Reasonable Suspicion & Detainment 6

Probable Cause 6

Searches 7

Arrests 7

Miranda Warning 7

Evidence Gathering – Discovery 8

Plea Bargaining 8

Trial Legal Procedure

Arraignment 9

Opening Statements 9

Prosecution case-in-chief 10

Defense case-in-chief 11

Closing Arguments 11

Verdict 11

Procedural Law

Why Rules exist 12

How the Rules work 12

Objectionable Questions 13

Objectionable Responses 14

Objectionable Physical Evidence 14

Competence 14

Hostile Witness 15

Legal Privileges 15

Subpoenas 16

The Importance of Honesty 16

Civil Suits 17

Ethical Duties 

Scope of Representation 18

Client Confidentiality 18

Duty to Disclose 19

Professionalism 19

Conflicts of Interest 19

Laws of San Andreas 2

Preface

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The San Andreas Bar Exam has been created for the purpose of increasing the aptitude and

competency of practitioners of law within San Andreas. The Bar Exam Prep Guide has been

created to prepare prospective practitioners of law for the San Andreas  Bar Exam.

Although there is a lot of information on this Guide, it is important to note that it is not

necessary to memorize ALL of it. It is important to understand conceptually however. None

the less, all of it will help you as a practitioner of Law in San Andreas. Although this guide will

assist one in becoming a competent professional within the field of Law, it is far from the

only source of information that one should rely upon when practicing their profession.

Furthermore, one should not rely upon the information in this document to practice law

outside of San Andreas; as it only pertains to law within San Andreas, and San Andreas law is it’s own unique system. Passing the San Andreas  Bar Exam in no way qualifies you to practice law outside of San Andreas.

Individuals that receive a passing score will automatically become members of the San Andreas

 Bar Association (SABA). It is important to note, that being a member of the SABA

does not make you a member of the Department of Justice, as the SABA is tasked with

deciding which individuals are qualified to work within certain fields; not hiring those

individuals. Most Attorneys work privately, or within Law Firms in the private sector. To be a

member of the Department of Justice, you must obtain a Government Job, such as working as

a Judge, Prosecutor, or a Public Defender (Defense Attorney hired by the state).

[note]: Do not be intimidated by the large amount of material on this guide. To simplify

studying, I placed footnotes at the bottom of each page. The bar exam itself will focus

specifically on that material.

About the Bar Exam

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To be eligible to take the bar exam, an individual must currently be a paralegal and must

have been a paralegal for the 3 days leading up to the exam. To be eligible to take the bar

exam an individual must not have committed a crime within the last 7 days. Background

checks will be done. All information pertinent to the Bar Exam can be found in this document.

You will not be questioned on information that doesn’t exist on this guide. To take the Bar

Exam, you must enter the “Waiting For Bar Exam” channel, in the Department of Justice

section of the Government Discor. At this time, only an authorized member of DOJ Command

can administer this examination.
The following will be read to you upon taking your Bar Exam:

● You may not take this exam if you have not been a Paralegal for the past 3 days.

● You may not take this exam if you have taken the Bar exam and failed it within the past 3 days.

● You may not take this exam if you have been found guilty of a crime within the past 7 days. You may be disbarred if you are found guilty of any crimes that are serious in nature.

● Before we begin, is there any reason that you should not take this exam?

● This is a verbal test. You will be given a small amount of time to answer each

question. Your time limit countdown will begin when the question is finished being

asked. If you need the question to be asked again, you may ask the test giver to ask it

once more, in which case you may be given some grace time to answer it. You will be

asked 50 questions. Each question will be worth a total of 1 point, or 2%. In order to

pass you must receive a total score of 35 points or 70%. You will be notified of your

score immediately following your completion of this exam.

● If you fail, you will not be allowed to take the exam again for a total of 3 days.

● If you pass, you will be allowed to practice as a lawyer once you have been added to

the ECBA roster. You may not practice law as a lawyer until you are registered with the ECBA. You will be notified when this is so.

● This is a closed book examination. The contents of this exam are not to be discussed

with anyone outside of this room. You are not permitted to record at any point during this exam.

● Failure to follow any of these instructions may result in an immediate failure and/or

disciplinary action, including permanent disbarment and/or possible criminal proceedings.

● Do you understand what is required of you?

● Do you accept the Lawyer Rules of Professional Conduct, and subject yourself to their ethical requirements?

[At the start of the Bar Exam, you will be read the above paragraph]

About San Andreas Law (start studying here)

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San Andreas Law is a unique combination of different legal systems from around the world. The

basis of the legal system is on United States Law, although it contains many elements of legal

systems from the U.K, France, etc. One of it’s most important features, is that it is an

Adversarial System. This means that in cases, two parties argue their points within a

controversy and compete with each other to effectively “prove” their case. In a criminal

case, the two parties are known as the “Prosecution” and the “Defense.”

The Prosecution is the party that presents the criminal charges against the Defendant. It is

their role to prove that the defendant is guilty. The Prosecution is represented by a

Prosecutor. This is often done by a professional known as a Prosecutor, but others may

assume the role, such as the District Attorney (DA), Assistant District Attorney (ADA), and

when none else are available, the Arresting Officer may fill the role. In San Andreas, this is often

the case. However, where a member of the DA’s office (ADA’s and Prosecutors) is reasonably

available, they should be the ones who Prosecute the case, or at least supervise the arresting

Officer to make sure the Prosecution is handled appropriately. The District Attorney is known

as the “Chief Prosecutor”, and he has jurisdiction over the prosecution of all criminal cases in

the county. The ADA is essentially the “second in command” and acts as the District Attorney

when the DA is not available. The DA and members of his office (ADAs and Prosecutors) are

referred to as “Officers of the Court,” as they are all Bar certified members of the

Department of Justice, and represent the state in Criminal and Civil proceedings.

The Defense is the party of the “Defendant.” The role of the Defense is to prove that the

Defendant is not guilty. It is important to point out however, that the Burden of Proof is on

the Prosecution. The Defendant is presumed innocent until proven guilty. Therefore the

Prosecution has to prove that the Defendant is guilty, The Defense doesn’t need that it is not

guilty; however it should still make every attempt to. The Defendant is the individual that

the charges are being presented against. He may be represented by a “Defense Attorney” (a

type of Lawyer who specializes in defending clients in criminal cases). This Defense Attorney

can be a privately hired Lawyer or a state-appointed “Public Defender” (hired by the

Department of Justice). In cases where representation is not available, a Defendant has no

choice but to self-represent.

The Court is a third party in cases, although it isn’t usually referred to as a party, as it is

impartial and it’s only priority is to make sure that Justice is ultimately served. The Judge represents the Court, and acts as a facilitator to guide the other parties through the legal

process. They also act as a neutral and passive overseer during the process, making decisions

on issues that the parties raise, as well as making sure that all parties act within legal order.

However, in San Andreas, sometimes a lawyer or a prosecutor is not available. In these cases, a

Judge may adopt more of an Inquisitorial role, in which case they can ask both parties

questions, and reach a decision as an independent party. As a result, Judges in San Andreas may

take a slightly more hands-on approach than in other jurisdictions. In San Andreas, the presiding Prosecution – party of the Prosecutor; attempts to prove that the Defendant is guilty. Defense – party of the Defendant; attempts to prove that the Defendant is not guilty. Burden of Proof – is on the Prosecution, as the Defendant is presumed innocent until proven guilty. Judge – Represents the Court; impartial referee that guides the other parties through the legal process.

Judge decides if the Defendant is guilty or not. Individuals in trial do not have a right to trial

by jury; however a Judge may grant one if he so chooses.

Pre-Trial Legal Procedure

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Reasonable Suspicion & Detainment

There are many things that occur before a trial even begins. First, a crime must have

happened. Once a crime has happened, an Officer may come across some information that

may make him/her suspicious of an individual(s). An Officer has what is referred Reasonable

Suspicion when he/she knows that a crime has happened, and based upon their training and

experience as an Officer, reasonably suspects an individual of having been involved in that

criminal activity. Reasonable Suspicion is seen as more than a “guess” or a “hunch”, but the

evidence required is less than what would justify an arrest or a full search on an individual. It

does however, permit the Officer to Detain the individual. Detainment is when an Officer

temporarily, and justifiably limits a person’s ability to walk freely. This would normally be a

violation of an individual’s right to walk freely, but it is legally justified due to the Officer’s

Reasonable Suspicion. The Officer does this to question the individual and gather information

on the crime, which may lead to an arrest. An individual has no obligation to answer the

questions however, and the Officer may not detain the individual for longer than what is

legally allowed (20 minutes). Reasonable Suspicion only justifies a limit search (in the form of

a pat-down/frisk), but may not commit a full search (will discuss later).

Probable Cause

When Police gather enough information on a crime, to deduce that one or more individuals

probably committed a crime, they may have what is called Probable Cause. Probable Cause

is when there is information sufficient to warrant a prudent person’s belief that the wanted

individual had committed a crime or that evidence of a crime would be found in a search.

This is a reasonable belief based on facts that can be articulated, and the standard of

evidence is higher than that of Reasonable Suspicion, but less than what would be required

for a Conviction (will discuss later). For Probable Cause to exist, there must be sufficient 

evidence to deduce that an individual probably more so than not (think 51%) committed a

crime, or that evidence of a crime would probably (not possibly) be found in a search. Similar

to how Reasonable Suspicion justifies Detainment, Probable Cause justifies an Officer making

an arrest or conducting a search without a warrant. Civil action may be taken against Officers

that make arrests or searches without Probable Cause, as they are violating an individual’s

rights. Therefore, Probable Cause must be established before an Arrest or Search is done.

Searches

A Search is when an Officer looks inside a place where a person is expected to have a

reasonable amount of privacy (i.e. their household, vehicle, inside pockets, bags, etc). A

Limited Search (pat-down/frisk) is not included in this definition. Items that are illegally

found through searches done without Probable Cause or a Warrant (written document signed

by a judge for the searching of an individual, thing or place), may not be used against an

individual in the court of law and are referred to as “inadmissible”. This protection does not

extend to items that are in plain view or to other items found during legal searches (when

probable cause exists for other items); even if they aren’t particularly being looked for. Once

an arrest has been made, Officers may search an individual at will.

Arrests

An Arrest is when an Officer restrains an individual and takes them into custody and

“booked.” There are 3 circumstances that permit them to make an Arrest. They must either

have a Warrant (written document signed by a judge) for the arrest of the individual; they

must have Probable Cause; or they must visibly see the person commit the crime.

Miranda Warning

Soon after being arrested, the arresting Officer will provide the suspect the Miranda

Warning. Relative to the Jurisdiction, there are many various ways to give the Miranda

Warning, but they generally inform an individual of their rights to remain silent and to legal

representation; also referred to as the Miranda Rights. There is no requirement as to when

an arrested individual must be read their Miranda rights, but anything the individual says

before being given the Miranda Warning is not admissible in the court of law (even if they

admit to committing the crime). Furthermore, although the right to remain silent is still

granted to arrested individuals; it is only allowed when exercised without exception. In other

words, once an individual answers any questions after being read their Miranda Rights, they

are then required to answer any questions after. Failure to do so can be taken as an implied admission of guilt. However, there is an exception to this rule as San Andreas has an implied right against self-incrimination, in which case if an individual is asked if they committed a crime,

they still have the right to remain silent. If Officers fail to read a suspect their Miranda

Rights, that does not mean that they are to simply let the suspect go10. It merely protects

them from potentially self-incriminating statements, not other forms of evidence. As an

Attorney, attempting to convince an Officer to let a suspect go for a failure to read them

their rights is unethical. Aside from the right to remain silent, an individual also has a right to

an Attorney. Although an individual is informed of their right to an attorney after arrest, they

legally have the right to an attorney at ANY time (including detainment). Officers should not

in any way suggest that an individual does not need representation. Neither can an Officer

hold it against a Suspect for asking for representation (e.g. an Officer cannot offer a plea

bargain in return for them not requesting a lawyer; or revoke a plea bargain already offered

Warrant – Written document for the arrest or search of someone or something. 9 Miranda Rights – Right to remain silent; Right to an Attorney. Read to individuals after Arrest. 10 If Officers fail to read a Suspect their Miranda rights, that does not mean they are to let the suspect go.

The Miranda Warning protects individuals from self-incriminating statements; not other forms of evidence. because the person asked for a lawyer). Both are a failure to respect the rights of the

Suspect. After being arrested, the suspect will eventually be presented with the charges. The

Charges are the crimes that the Defendant is to be tried for.

Evidence Gathering – Discovery

After an arrest is made, both parties will meet. In San Andreas, this is usually done at the

Sheriff’s Office. Around this time, charges are prepared and both parties gather their

evidence. This is when the Prosecution and the Defense begin preparing for trial. The

Prosecution/Officers will gather its witnesses and have an opportunity to question the

defendant (assuming he doesn’t invoke his right to remain silent); and the Defense will gather

it’s witnesses (if it has any) and the Defendant will have an opportunity to speak with his/her

lawyer in private to tell him his side of the story. Witnesses do not have to share their side of

the story (unless forced to take the stand in trial via subpoena) as they too have a right to

remain silent; however, anyone in possession of material evidence has an obligation to submit

it to the Police/DA’s office, and the Prosecution and the Defense both have an obligation to

share any material evidence that can help the other side’s case. Failure to do so may not only

be a violation of one’s ethical obligations, but a criminal act (Obstruction of Justice).

Plea Bargaining

At this stage, it is typical for either the Prosecution or the Defense to offer a Plea Bargain (or

a “Plea Deal” for slang). A Plea Bargain is a compromise in which a defendant pleads guilty

to a charge or charges, for either a lesser charge (such as dropping a charge from second

degree murder to voluntary manslaughter); for a promise from the prosecution not to pursue

other charges (having some charges dropped); or for a decreased sentence to the charge. The

Prosecution gets a plea of guilty, and the Defendant gets to do less time. Outside of San Andreas

Plea Bargains are always done in front of a Judge; however, in San Andreas that is not necessary,

as it is not always an option. Plea Bargains are an alternative to going to trial and can be

advantageous to all parties as they can eliminate the time and cost of a lengthy trial as well

as the uncertainty of going to trial. It is therefore strongly encouraged that both parties

pursue plea bargains and only consider court as a last option. If no plea bargain is accepted by

both parties and a Judge is available, then both parties can take the case to trial.

Preparing for Trial

After it has been established that a case is in fact going to trial, both parties are required to

meet once more without a Judge being present, to discuss what evidence each side will

introduce during the trial. Each side will name the witnesses that they will call as well as the

physical evidence that they will present, to give the other party a chance to prepare itself.

Both parties will make Formal Admissions, or a list of things that they will not dispute in

11 Charges – the list of crimes that the Defendant is to be tried for. 12 Plea Bargain – Negotiation between the Prosecution and Defense in which the Defendant pleads guilty to a charge or charges for a lesser sentence trial. A Formal Admission can be anything that both parties agree on, such as a version of events, or that it was in fact the Defendant in a video to be tendered. Formal Admissions are to save time during trial.

Trial Legal Procedure

Arraignment

• Both Parties gather in court. Looking into the Courtroom, standing from the entrance, the Defense will be on the left, the Prosecution will be on the right.
• The Bailiff will say, “All rise for the Honorable Judge Potato,” and the Judge will enter the Courtroom. The Defendant will then be read the charges by either the Judge or the Prosecutor where directed.
• The Defendant will plead either guilty or not guilty.
  • If the Defendant pleads Guilty, the trial will skip to sentencing
  • If the Defendant pleads Not guilty, the trial will begin

Opening Statements

• The Prosecution will have an opportunity to make an opening statement. Simply put, the Prosecution’s opening statement will state how each charge will be proven.16 In the opening statement the Prosecution will state the charges and briefly explain how it intends to prove each. It will provide an outline of the case that it expects to prove. 
• The Prosecution should keep their opening statement short and concise. It is important that it is well organized and structured, but it is unnecessary to get too caught up on the details. The prosecution should briefly focus on what they need to satisfy each offense, as arguing their case comes later. In other words, it is preparing the Courtroom for the main points that it intends to make during the case. However, in the opening statement, it will not argue those points, but simply state them.
• The Defense will then be given an opportunity to make an opening statement. Simply put, the Defense’s opening statement will explain how the charges will not be proven. Similar to the Prosecution’s opening statement, the Defense’s opening statement should also be short and concise. It should focus only on the elements of each charge that it intends to dispute, any defenses or Before trial, both parties meet to name the witnesses that they will call and the material evidence that they will present; as well as make Formal Admissions (a list of things that they will not dispute in trial). 14 The Defense will be on the left, the Prosecution on the right. 15 At the beginning of court, after the charges are read, the Defendant pleads Guilty or Not Guilty. If the

defendant pleads not guilty, trial begins. If they plead guilty, the trial skips to sentencing. 16 The Prosecution makes its Opening Statement first. It will explain how the charges will be proven. 17 The Defense makes its Opening Statement second. It will explain how the charges will not be proven. excuses it intends to raise, or any flaws in the Prosecution’s case. Again, the Defense will have an opportunity to argue the details of the case later.

Prosecution case-in-chief

• First the Prosecution will then have an opportunity to call its witnesses and present its evidence (murder weapon, video footage, etc), which shall be referred to as Prosecution Exhibit (A, B, C/ etc). When a witness is called to take the stand and give evidence, this is called Testifying.There are rules as to who can be called as a witness, what type of questions can be asked, what type of responses can be given and what type of material evidence can be submitted (this will all be discussed later).
  • Once the witness has been called, sworn in and taken the stand, the  Prosecution will be able to question them. This first line of questioning is referred to as Direct-Examination
  • Once the Prosecution is done questioning the witness, the Defense will have an opportunity to question the witness. This is referred to as Cross-Examination.
  • Once the Defense is done with Cross Examination, if the Prosecution

chooses, he may begin Re-Examination. If he chooses to Reexamine

the witness, it is referred to as Redirect. However, he will only be able

to address matters raised in Cross Examination. This is not an

opportunity to raise new matters. If the Prosecution chooses to

Reexamine the witness, the Defense will also be given the choice to

Reexamine the witness, in what is referred to as Recross.

The Prosecution Rests when it is done presenting its case.

Defense case-in-chief

• It is then the Defense’s turn to call its witnesses and present its evidence, and any evidence it presents is referred to as Defense Exhibit (A, B, C, etc).
  • The Defense performs Direct Examination
  • The Prosecution performs Cross Examination
  • The Defense may Reexamine
  • The Defense Rests when it is done presenting its case

Closing Arguments

• The Prosecution will then make its closing argument.
• The Prosecution’s closing argument will be summarize the evidence as they see it, and explain why the jury should render a verdict of guilty. They should be sure to include a strong (slightly dramatic) closing statement.

       –    The Defense will then make its closing argument.

                  –    The Defense attorney will explain how the charges have not been met, and why the jury should render a “not-guilty” verdict.26 

Verdict

• The Judge will then deliberate on the evidence and come to a decision of guilty or not guilty on each of the charges. This is referred to as the Verdict.

      –     If the Defendant is found not guilty, the charge will be dropped. This is referred   to as Acquittal.

      –      If the Defendant is found guilty, the trial will then proceed to Sentencing.

      –     The Judge will then decide on a sentence that they have determined to be most     appropriate. They may ask the Prosecution or the Defense for submissions  as to what they would recommend for the sentence. Several things can be considered when deciding a sentence; such as the Defendant’s criminal record  (or lack of), behavior, etc. It is important to note, that in Criminal Proceedings, for a verdict of guilty, the Prosecution has to prove that the Defendant is guilty of the crimes beyond Reasonable Doubt. This means that doubt can still exist (as it always does, relatively, to some degree), but that that doubt must be “reasonable.” This means that the Defense’s objective is to instill a reasonable doubt in the Judge’s mind. In Civil Cases however, the standard of evidence required is merely “on the balance of probabilities.”

Procedural Law

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Why rules exist

Procedural Law comprises the rules by which a court hears and determines what happens in

Civil Lawsuit or Criminal Proceedings. There are different kinds of rules as to what is allowed

in the Courtroom, and these rules are often referred to as “Technicalities.” These

“Technicalities” exist for the express purpose of protecting the rights of the alleged and

25 The Prosecution’s Closing Argument will explain how the charges were met. 26 The Defense’s Closing Argument will explain how the charges were not met. 27 Verdict – a decision of Guilty or Not Guilty. If not guilty- Acquittal; if guilty- Sentencing. 28 Acquittal – when the Defendant is found not guilty of a charge. 29 If Reasonable Doubt exists, the Defendant is to be found not guilty.ensuring that Justice is administered as fairly as possible. For example, if a Prosecutor was allowed to paint a negative image of the Defendant, based on acts that they performed not relevant to the case itself, then the Jury/Judge may obtain an unfair bias against the Defendant. As such, any questions based on this material, would be objected to on the 

grounds that it is inflammatory as well as irrelevant/immaterial. There are many different 

kinds of rules regarding what type of physical evidence can be presented, what witnesses can  take the stand, what they can and can’t say, and what type of questions can be asked to them. The rules are designed to ensure the application of Due Process; which in turn, is  designed to make sure that the Defendant receives a fair trial. It’s important to note that this fairness is not limited to the Defense, that it is extended to the Prosecution as well; as the state also has a right to a fair trial.

How the Rules work

A trial is very much like a sports competition. You have two sides competing against each

other (Prosecution and Defense) under a set of rules, with an impartial referee (the Judge)

that enforces the rules. The difference in court however, is that the Judge usually doesn’t

“drop the flag” on rule violations, unless you (the attorney) ask them to do so. This is partly

what makes being an Attorney so exciting as well as challenging. If you don’t make an

Objection, it’s as if the rule violation never happened; so it’s important for you to know the

rules so that your opponent doesn’t have free reign. Although, there are exceptions to this,

such as when a Judge feels that a severe violation of someone’s rights may be at hand if they

don’t interfere (e.g. calling for a witness to violate their Attorney-Client confidentiality privilege). An Objection is when an Attorney declares their disapproval concerning a specific

point of law or procedure during the course of a trial. In layman’s terms, it’s when they try to

block something from happening during a trial (that is in violation of law or procedure). An

Objection is made by standing and stating, “Objection your honor,” followed by the reason 

for objecting. An example of this would be if a Prosecutor asked a witness to tell the court

the store clerks description of an armed robber; to which the Defense Attorney stands up and

says, “Objection your honor, the Prosecution is asking the witness for hearsay testimony. If

the Prosecution would like to hear the testimony of the store clerk him/herself, then let him

call the store clerk to the stand.” The last sentence in that hypothetical scenario isn’t

entirely necessary, but you are allowed to explain the reasoning behind the objection, which

might increase your chance of it being accepted by the judge. However, objections still have

to be timely, and you can’t take all day to make the objection (figuratively speaking). If an

Objection takes too long, it may be overruled on that fact alone. However, judges should

allow lawyers a few seconds to make them, and use discretion when sustaining or overruling

these objections. When an Objection is accepted by the judge, it is referred to as Sustained , and the witness is not allowed to answer the question, or the piece of evidence being

Objectionable Questions

Here is a list of some common types of questions that can be objected to during Examination:

● Argumentative – the question makes an argument rather than asking a question

● Asked and Answered – asking the same question after having already received an answer

● Assuming facts not in evidence – the question is assuming something to be true for which no evidence has been shown

● Calls for a conclusion – the question asks for an opinion rather than facts

● Calls for speculation – the question asks the witness to guess the answer rather than rely on known facts

● Compound question – asking multiple questions at once

● Hearsay – the witness does not know the answer personally, but heard it from another person.

● Incompetent – the witness is not qualified to answer the question (e.g. not an expert witness on a question that requires expert knowledge).

● Inflammatory – the question is intended to cause prejudice.

● Irrelevant or immaterial – the question is irrelevant to the matter being tried.

● Leading – a question that suggests an answer. These type of questions are not allowed on Direct Examination (or redirect) unless the Attorney receives permission to treat the witness as a Hostile Witness (will discuss later).

● Misleading – the question implies something not necessarily true.

● Violates a legal Privilege – when the witness is protected by law from answering the

question.

\

[note]: You do not need to memorize ALL of these for the exam, but it is important that you memorize at least a few of them. I would memorize at least four if I were you [hint hint].

Objectionable Responses

Here is a list of some common types of questions that can be objected to during Examination:

● Narrative – the witness is telling a story in response to a question that does not call for one.

● Non-Responsive – The answer has not answered the question, or has given an answer to a question not being asked.

● Nothing Pending – The witness is continuously speaking on matters irrelevant to the question.

[note]: You do not need to memorize these for the exam.

Objectionable Physical Evidence

Here is a list of some types of Physical evidence that can be objected to:

● Lack of Proper Foundation – the evidence lacks testimony as to its authenticity or source.

● Fruit of the poisonous tree – the evidence was obtained illegally, or the investigative methods that lead to its discovery were illegal.

● Incomplete – introducing only part of a piece of Material evidence that is taken out of context.

● Best evidence rule (includes hearsay) – requires that the original source of evidence is required, if available. Some documents are exempt from this as they are considered “Self-Authenticating”; such as a domestic public document under seal, or a domestic public document that is not sealed, but bears the signature of an Officer or a Government Official.

[NOTE]: You do not need to memorize these for the exam.

Competence

The term Incompetency has several meanings in law. Incompetency is the lack of ability,

knowledge, legal qualification, or fitness to discharge a required duty or professional

obligation. It can refer to a witness’ mental capacity. For example, an individual is

Incompetent if they are currently suffering a mental illness that impedes their ability to

testify effectively. An individual may only take the stand if they are deemed Competent. If a

witness is called to testify as to whether or not a painting is an original or a copy, they must

have enough expertise on the subject to be considered Competent to give that information.

It is also Incompetence when someone attempts to do something that they lack the legal

qualification to do. One major rule regarding the calling of witnesses is that the Prosecution

cannot call the Defendant to take the stand. Although, the Defense Attorney may still call

the Defendant to take the stand, if the Defense chooses to testify. However, this would open

up the Defendant to the Prosecution’s questions as well, as the Prosecution would then be permitted to question the Defendant during Cross Examination.

Hostile Witness

A Hostile Witness (also known as an Adverse Witness) is a witness that has been found by the

judge to be hostile (adverse) to the position of the party whose attorney is questioning the

witness, even though the Attorney called the witness to testify on behalf of his/her Client. The two main indications that a witness is unwilling to answer questions are a change in their

story, referred to as “prior inconsistent statements”, and their demeanor (their conduct when

they answer questions and their physical actions). Witnesses called by the opposing Party are

presumed Hostile. A Hostile Witness may be asked Leading questions. This is why Leading

Questions are allowed during Cross Examination. To have a witness declared hostile during

Direct Examination (and Reexamination), an Attorney can request permission from the Judge

to treat the Witness as a Hostile Witness. If the motion is Sustained, then the Attorney may

ask the Witness Leading questions during Direct Examination.

A Hostile Witness is not necessarily prevented from continuing to give evidence, unless one

party requests a motion to have the witness Stood Down. If the Judge Sustains this Motion,

then the evidential value of their testimony is deemed to be worth zero. In other words, they

are deemed too bias and unreliable for their testimony to have any credibility, and they are

dismissed from the stand.

Legal Privileges

Certain individuals are protected from giving testimony in regards to legally privileged

conversations. A Legal Privilege is an individual’s right to not disclose evidence in court of

information that they obtained through their confidential relationship with the person on

trial. There are very few confidential relationships that actually have Legal Privilege. One of

the most important ones is the Client-Attorney Privilege. The Attorney-Client Privilege is

the right to confidentiality between an Attorney and their Client when discussing legal affairs.

This right extends to other members of the Attorney’s Office/Firm, such as Paralegals and

Confidential Secretaries. Another Legal Privilege recognized by San Andreas is the Physician-

Patient Privilege. This protects communications between a Patient and his/her Doctor, while

in the course of providing/receiving medical services, from being used against the Patient in

court. This right is granted to any health care personnel providing medical services (EMS,

Psychiatrists, etc.). It is necessary to emphasize that this right is limited to communications

between the Health Care Professional and the Patient. A HCP may still testify as to anything

else they’ve heard or witnessed (e.g. an EMS who arrives on the scene of a firefight can still

testify as to what they saw). The third and last Legal Privilege granted in San Andreas is the

confidential relationship with the person on trial. The Attorney-Client Privilege is the right to

confidentiality between an Attorney and their Client when discussing legal affairs. Priest-Penitent Privilege. As you can guess from the last two, the Priest-Penitent Privilege protects the communications made by a member of the Clergy and a Penitent, who shares information in confidence. Subpoenas When an individual has information vital to a case, either in the form of documents of eyewitness experience, they can be required to appear in court, even if they don’t want to. Either party can issue a Subpoena, which is a document requiring an individual to either present information that may be important to a case or to appear in court as a witness. A Subpoena is a Court ordered command and an individual who does not comply may be subject to criminal penalties (fine and/or contempt of court criminal charge).

The Importance of Honesty

In Court, all witnesses are legally required to answer wholefully and truthfully. Lying in court

is a serious criminal offense known as Perjury. This is to keep the testimonies given in

Courtroom proceedings as honest as possible, and to promote Justice. This is why when one

takes the stand in a Courtroom, they are required to make a declaration to tell the truth in

the form of an Oath or an Affirmation. An Oath can be long and drawn out, swearing under

God and all that, whereas an Affirmation is brief like, “Do you swear the whole truth and

Nothing but the truth?” In San Andreas, there is no one way that this is handled, as it’s really at

the discretion of whoever gives the Oath. As long as the witness promises not to lie, it really

doesn’t matter what they’re asked. Lawyers also have an obligation not to intentionally make

a false statement of fact or produce evidence that it knows to be false, as it can be a violation of their ethical duties.

Civil Suits

In Civil Court, one individual (the Plaintiff) makes a claim that another person (the

Defendant) is legally responsible for damages that occurred to them (the Plaintiff). The Legal

Procedure for this type of case is the same as in Criminal Court, except it requires a

Statement of Claim AND a Notice of Intention to Defend; and the evidentiary standard required

for the Defendant to be legally responsible for the damages alleged by the Plaintiff’s is “upon

the preponderance of evidence.” Subpoena – a document requiring an individual to either present information that may be important to a case or to appear in court as a witness. 38 Perjury – a serious criminal offense lying in court.

• For a civil Case to Begin, a Lawyer representing the Plaintiff must present the court with a Statement of Claim within 14 days of the alleged Offense; which includes:
  • The naming of all parties involved, including their Lawyers.
  • The Alleged damages done to the Plaintiff.
  • A brief explanation of why the Plaintiff believes the Defendant to be legally responsible.
  • All eyewitnesses and other evidence that the Plaintiff wishes to present.

The compensation requested.

• The standard form that a Statement of Claim should be in is located in the Department of Justice County Clerk’s Office.
• The Plaintiff or their Lawyer must send a message to all Defendants named in the Statement of Claim. This message must include a link to the Statement of Claim and a statement notifying them that a Notice of Intention to Defend must be submitted within 7 days if they intend to contest the claim.
• If the Defense wishes to contest the claim, they must file a Notice of Intention to

Defend, under the Statement of Claim; which includes 

• Who will represent the Defendant
• The points within the Plaintiff’s Statement of Claim that the Defendant wishes to refute and a brief overview of the points the Defendant wishes to make in it’s defense (without actually arguing those points).
• All eyewitnesses and other evidence that the Defendant wishes to present. Failure to produce a Notice of Intention to Defend within the given time limit may result in a judgment 

      –     Once a Statement of Claim has been submitted, a judge will be selected to preside

over the case, and then a trial may begin.

A Settlement is similar to a Plea Bargain, in that it is a negotiation that can be done by both parties to eliminate the time, effort and uncertainty of going to trial.

Ethical Duties

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Aside from being zealous advocates of their clients, Lawyers also have responsibilities to the

court and as public citizens. It is thus necessary that Lawyers are held to a high ethical

standard. These ethical standards can be expressed as the Rules of Professional Conduct.

Lawyers are expected to follow these rules, as well as pursue the principles of the profession;

the first and foremost principle being the pursuit of justice. As such a lawyer’s conduct should

conform to the requirements of the law, both in professional service to clients and in the

lawyer’s business and personal affairs. Lawyers that are convicted of serious criminal offenses

or perform unconscionable business practices (e.g. fraud, blackmail, etc) are subject to

 Statement of Claim – statement made by a Plaintiff in a Civil Case requesting compensation for

damages done by the Defendant. 40 Notice of Intention to Defend – response made by the Defendant to a Statement of Claim Acknowledging their intention to defend in Civil Court.

disciplinary action by the San Andreas  Bar Association (suspension or disbarment), or even

criminal proceedings. Lawyers (or any DOJ member) caught exploiting the “lawyer sign-in

sheet” to receive multiple salaries will be disbarred and lawyer banned. Here we will not

get too much into detail on Ethics, but will focus on some of the basics as well as some of the

more common violations.

Scope of Representation

Lawyers are required to abide by their client’s decisions concerning the objectives of

representation, and cannot make decisions that contradict the will of the client; unless the

client is requesting for the lawyer to do something that is against law, legal ruling, or against

their ethical codes. Lawyers may however, make decisions on behalf of the client, but only

where authorized to do so. Lawyers also cannot counsel clients to commit, engage in, or

assist any activity that the lawyer knows to be criminal. A lawyer must always ask if a

potential client wants representation, as they cannot force themselves upon a client who

does not wish to be represented, and also must terminate representation if a client

discharges them.

Client Confidentiality 

Attorneys are required to protect the Confidentiality of their clients. According to the rule of Confidentiality, Lawyers shall not reveal information relating to the representation of a client, unless the client gives informed consent or the disclosure is to prevent severe bodily harm or death; defend themselves in court (the lawyer as the defendant); or to comply with a

law or court order. Furthermore, lawyers should make reasonable efforts to prevent the

discovery of information relating to the representation of their clients. This confidentiality is

protected in various ways as it is integral to the judicial system. Communications made

between clients and attorneys falls under the Attorney-Client Privilege and a client is

protected from having his information disclosed even when they admit to committing a

crime. This communication can only be disclosed if the client waived the privilege; if the

communication was made for the purpose of committing a crime, tort, or fraud; or the

communication was disclosed to or made in the presence of individuals who were neither

client nor attorney. When a client confers with their attorney, it should always be assumed

that the conversation is confidential, and individuals should always knock or ask before

entering; and should always respect an individual’s right to privacy if they ask for it.

Duty to Disclose

As Officers of the Court, lawyers have an obligation to the court and the overall

administration of Justice. Sometimes this obligation takes priority even over their obligations

to their clients. As such it is necessary that lawyers disclose all material facts and evidence

necessary for the court to make an informed decision, whether or not the facts are adverse to the interests of their clients; as long as that disclosure is in compliance with the rule of

confidentiality. Lawyers are still prohibited from disclosing communications made between

them and their clients, while giving legal advice; unless one of the exceptions to the rule

applies. If a lawyer has material evidence/information that he knows to support to the

opposing the party’s case, they are legally required to provide the other party with that information. Furthermore, they are required to disclose the material evidence and witnesses that they intend to present in trial, before trial, to the other party. Knowingly obstructing another party’s access to evidence, or unlawfully altering or destroying evidence or items with potential evidentiary value, is not only highly unethical, but may result in criminal charges.

Professionalism

To maintain the integrity of the profession, lawyers are required to act with dignity and

professionalism. Lawyers are expected to act respectfully to their fellow colleagues and their

clients, to not discriminate unlawfully, and to diligently follow courtroom procedure.

Lawyers are required to dress professionally (i.e. suit or dress attire) in court or when

representing clients. Masks and Bandoliers are specifically not allowed. 

Conflicts of Interest

An Attorney may find him/herself in a Conflict of Interests when they have two competing

interests, in which case one may be advanced only at the expense of another. Lawyers have

several obligations, one being to their clients, one being to the court, and the final one being

towards being a good citizen. Sometimes, these interests may be at odds with each other,

and there are many situations in which a Lawyer may find him/herself in a Conflict of

Interests in which no good decision can be made. That is why it is very important that lawyers

do what they can to avoid these situations, although they are not always entirely avoidable.

There are several rules to help lawyers avoid these situations. For example, a lawyer cannot

represent a client that’s interests are adverse to another client’s, or represent a client in

which case their ability to represent another client would be materially limited. This is to

prevent situations in which a lawyer fails to represent one client adequately due to an

obligation to another client. Also, a lawyer should not represent a client in a matter in which

the lawyer was substantially involved as an officer, judge, or other government employee;

and vice versa (aside from what is required by law). Failure to follow these rules is viewed as

negligence on behalf of the lawyer, and they may face disciplinary action for it. However,

ethical dilemmas may sometimes be difficult to foresee, or avoid; even in following the Rules

of Professional Conduct. It is therefore extra necessary that lawyers use sensitive professional

and moral judgment in conducting their affairs, while pursuing the principles of the

profession. Ultimately, lawyers should always try to act in the best interest of justice.

[note]: You will only be required to memorize the ethical rules listed here for the exam.

You will not be required to memorize ALL of San Andreas’s ethical codes.

(Disclaimer: The information on this document is for role-play purposes only. The information presented on this document should not be considered for legal advice outside of the role-play community for which its use was intended. This is a live document, and may be changed at any time. No part of this document may be reproduced in any manner whatsoever without the express written permission of the publisher. All Rights Reserved.)