Mock Trial Basics

By: Margaret Flynt, Esq.

Mock Trial Basics

The Purpose of Law

Georgia Court System Magistrate

County courts that issue warrants, hear minor criminal offenses, and civil claims of $15K or less

Probate Wills and administration of decedents’ estates

Juvenile State

Jurisdiction within one county. Misdemeanors, preliminary hearings, and civil matters not reserved for superior courts.

Superior Civil and criminal jurisdiction. Felony trials.

Henry County Superior Court

Georgia Court of Appeals Court of “first review” for many civil

and criminal cases. Corrects errors of law at trial level. Does not alter jury verdicts or bench

trials.

Georgia Supreme Court State’s highest court Reviews criminal and civil cases

decided by a trial court or by the Court of Appeals

All constitutional questions and all death penalty cases.

United States Supreme Court

Solutions Provided by Law Clarification of rights of the parties Determination of Right and Wrong Determination of Guilt or Innocence Direct one party to compensate

another Fine and/or sentence as punishment

Settling Disputes Without a Trial

1) Negotiation

2) Mediation

3) Arbitration

What is a Trial? “Adversary process” “Impartial” third party—Judge or Jury Bench trial: Judge is “trier of fact”

and “trier of law” Jury Trial: Judge is “trier of law” and

jury is “trier of fact”

The Parties

The Facts of the Case A disagreement over the facts of an

incident forms the basis for a trial. “Trier of fact” determines which

version of facts is correct.

Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Rep. 373 (Ex. 1864).

Evidence Testimony

Documents

Physical Evidence

Burden of Proof (Criminal) The State (prosecutor) has the

burden. “Beyond a Reasonable Doubt”

Burden of Proof (Civil) Plaintiff has the burden. “By a preponderance of the

evidence.” “More likely than not.” 51%

Defense Present evidence that prevents the

plaintiff or prosecutor from meeting the burden of proof. Alternative explanation Alibi Self-defense Insanity

Discovery

Affidavits Written statements of

the facts, made and voluntarily sworn to, usually before a notary or other person who can administer oaths

Deposition Testimony given out of

court. Attorneys for both

sides are usually present

Recorded by a court reporter for later use in court.

Trial Order

Overall Structure1. Plaintiff Opening

Statement2. Defense Opening

Statement3. Testimony of

Witnesses4. Closing Arguments5. Deliberation

Testimony of Witnesses Direct of P witnesses Cross by D of P

witnesses Redirect of P

witnesses P rests case. Direct of D witnesses Cross by P of D

witnesses Redirect of D

witnesses D rests case

Courtroom Layout

Storytelling Theory of the Case

Facts beyond dispute

Law Common sense Emotionally Leads a jury/judge To your conclusion.

Theme of the Case Word, phrase, or

sentence Controlling or

dominant emotion of the case

Brief and easily remembered

Theory of the Case When called into the Quik Trip, John

was shocked to discover his friend, Paul, had shot the Quik Trip clerk and was now pointing a gun at him. Terrified and confused, John, fearing for his life, obeyed Paul’s commands to take the money and give it to Paul. Under these circumstances, John is not guilty of any crime because he was coerced into participating in the robbery.

Theme of the Case Frightened, forced, and falsely

accused Frightened, forced, and framed Coerced to crime Two Victims Unwilling Accomplice Puppet of Fear