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The Iowa State Bar Association

Junior High Mock Trial JudgeOrientation

Thank You!!!• The Iowa State Bar Association

• The Iowa State Bar Foundation• Young Lawyers Division of The

Iowa State Bar Association• Center for Law & Civic Education

Volunteers Make the Difference

• Volunteer Service is oneof the best traditions of the Iowa Bar

• Without your service, the competition could not proceed

• Your service will impact the lives of the student competitors and their parents

• Iowa Lawyers Can Do!

What to Expect• Student competitors are between the ages of

12 and 15• The competitors are from grades six, seven

and eight• There are wide variances in maturity • There are even wider variances in physical

and emotional development

What to Expect• Some teams and individual members will be

well prepared, on target and attentive• Others, despite the best efforts of attorney-

coaches and teacher-mentors will wander off

• The nature of a young person this age• Attention spans are limited and will vary

What to Expect• You should demand that each competitor

know his or her assignment• You should require that proper respect be

demonstrated to the Court• You should insist upon proper decorum• You should expect that each team will

follow the rules and treat each other with common courtesy

The Judging Experience

• Expect the unexpected• In some cases, quarters will be tight –

accommodations will have to be made• Every effort will be made to have two

scoring judges and a presiding judge, but be prepared to preside and to score at the same time

Iowa Mock Trial Judge Handbook

• Available from the ISBA web site at www.iowabar.org

• A valuable resource• The Judge’s EZ Reference Guide

is also on the ISBA web site– A handy reference about objections and

procedure– Copies will be available at the tournament site

What to Look For• Observe and judge the competitors from the

time you enter the court room• Ask?

– Is each student prepared?– Does each student know his or her role?– Does each student understand the concept of a

trial?

As Competition Begins•Expect that the audience will rise•Check room arrangements to make certain competition can proceed in an orderly manner•Introduce yourself to the audience and competitors.

•Let them know you are an Iowa lawyer!

The Pretrial Conference• A chance for the presiding judge to talk with the

competitors; an opportunity for the scoring judges to observe and determine how each team performs

• Presiding Judge – use the Iowa Mock Trial Pretrial Checklist – available at the ISBA web site: www.iowabar.org and can be obtained at the tournament site

• Assure that each side understands the rules, how they will be applied, and what the presiding judge expects in terms of conduct during the competition

The Ballot• The teams fill out the ballots prior to the Pretrial

Conference• Review the ballots, assure that they are correct• Make necessary changes to assure accuracy• An accurate ballot helps the scoring judges do

their jobs efficiently and effectively • Sample ballot in the Iowa Mock Trial

Judge Handbook or on the ISBA web site at www.iowabar.org

The Pretrial Conference

• Let the students know who is The Presiding Judge

• This lets them know where to direct objections and questions during the trial

• The Presiding Judge needs to set the tone by emphasizing civility and decorum

• Use the Mock Trial Pretrial Check List

The Pretrial Conference• Establish where you want attorneys to stand when

delivering opening statement, conducting examination and presenting closing argument– In front of the bench for opening statement and closing

argument – allows for easy observation of the attorney– At counsel table or at a podium during questioning of

witnesses – provides a place for the attorney to keep his or her papers, notes, and exhibits

• How well do the attorneys comply with the instructions provided regarding where they may operate within the courtroom?

• Witnesses– To be considered sworn– Assure witnesses know where the witness chair

is located– Assure that you can see the witness – this is

important to assess witness performance

The Pretrial Conference

The Pretrial Conference

• Demonstrative Evidence– Has the evidence been reviewed by the other side– Is the evidence the right size – Rule of Procedure 7:

maximum size of enlargements is 24” by 36”• Where will the evidence by displayed?

– Assure that attorneys and witnesses can see the evidence

– Assure that all judges can see the evidence

• Timekeepers– Do they understand when time starts and stops?– Do they have the equipment needed and

necessary to perform their role?– Can they be seen by the attorneys, witnesses,

and judges?

The Pretrial Conference

The Admonition• Mock Trial Rules prohibit contact with attorney

coaches, teachers, and any other persons during the course of the trial

• No Contact allowed while the round is underway!!

• Any contact can be a rules violation and could result in significant reduction of points or disqualification of a team

• Urge parents and others to avoid contacting students until the round is completed!

The Trial• Opening Statements by Plaintiff/Prosecution and

Defendant • Direct and Cross Examination of witnesses for

plaintiff/prosecution• Direct and Cross Examination of witnesses for

defendant• Closing Argument by each side• Rebuttal by plaintiff/prosecution, provided time is

reserved

Time Limits• Time limits for each segment of the trial

– Opening Statement – each side – 4 minutes– Direct and re-direct examination by each side– 25

minutes– Cross and re-cross examination by each side – 20

minutes– Closing Argument – each side – 8 minutes

• Plaintiff/Prosecution may have rebuttal argument if requested and if there is remaining time

• Presiding judge may allow an extension of 45 seconds

Time Limits• Timekeepers provide periodic updates

about remaining time in a segment• The clock stops during objections and

bench conferences• Timekeepers advise when time has expired• Note compliance with time in evaluating

performance by attorneys and witnesses

Mock Trial ObjectionsQuestion calls for a narrative

answer (Rule 104)Relevance (Rules 402 – 403)Character of the Witness

(Rules 404/608 – 609)Lack of Personal/Professional

Knowledge (Rules 602/701 – 704)

Beyond the scope (Rule 611)Leading question (Rule 611)

Argumentative/Badgering the Witness (Rule 1101)

Asked and Answered (Rule 1102)

Assumes Facts not in Evidence (Rule 1103)

Lack of Foundation (Rule 1104)

Speculation (Rule 1105)Non-Responsive (Rule 1106)

Hearsay• Hearsay exceptions

recognized in Mock Trial Rules 801 - 804– Admission by a party

opponent– Prior statement under

oath– Present sense

impression– Excited utterance– State of Mind

– Statements made for purposes of medical diagnosis

– Recorded recollection– Records of regularly

conducted activity– Dying Declaration– Declaration against

interest

Unfair Extrapolation -- A Special Mock Trial Rule

• Rule of Procedure 38. Unfair extrapolations. A witness may not invent facts on direct examination. If a witness invents a fact on direct examination which affects the outcome of the trial, the opposing attorney may object that the witness has gone beyond the scope of the affidavit and may move to strike that portion of the testimony; the presiding judge may rule on the extrapolation, or may reserve judgment. The witness may answer cross examination questions as s/he chooses. However, extrapolations on cross which are not in character for the witness, will usually result in judges’ scoring lower.

• Rule of Evidence 1107 A witness may not invent facts on direct examination. If a witness invents a fact on direct examination which affects the outcome of the trial, the opposing attorney may object that the witness has gone beyond the scope of the affidavit.

Addressing UnfairExtrapolation

• The Presiding Judge’s role when the Unfair Extrapolation objection is made– Determine if the witness has offered testimony

outside the affidavit– Determine if the extrapolation is of significance– Is the extrapolation significant, and does it

affect the outcome of the case?

The Unfair Extrapolation Objection

• Note the ability of the attorneys on each side to advance the objection and to defend against it

• Watch for reaction to the decision of the Presiding Judge

• Is there a Motion to Strike if the objection is successful?

• How does each side deal with the ruling and its impact upon the witness’s testimony?

Objections – An Important Part

of Mock Trial• Expect and appreciate objections • They are a part of Mock Trial!• Does the student lawyer offer a reasoned

explanation for the objection?• Is the opponent thrown “off script” by the

objection?

Objections

• Do the team members think on their feet and adapt to the situation?

• How do the student lawyer and witness respond to an unfavorable ruling?

• What is the reaction of opposing counsel and the team to a favorable or unfavorable ruling?

Should student lawyers have material memorized?

• Opening statement – Probably best memorized and presented

without notes– Issue: should a student who uses notes or a

chart outlining points made during opening statement receive a lesser score?

Should student lawyershave material memorized?

• Direct examination– Expect that students will have questions

prepared as well as check lists of points to be made

– Do the questions asked move the case forward and present evidence that is needed to prove or disprove a proposition?

Should student lawyers have material memorized?

• Closing Argument– Can an effective closing argument be

memorized?– A solid closing argument be based upon

information developed during trial – Expect an attorney to use notes when delivering

closing argument to assure that all points are addressed

Witnesses•No notes• Does the witness know his or her part?• Does the witness stay in character?• How does the witness handle cross

examination? Readily agree or pleasantly disagree?

• Focus on content• Does the team’s presentation have a theme?• Does the team follow through with what

was promised?• Are you told that things will happen, and

then, the evidence fails to support the opening statement and closing argument?

Student Preparationand Presentations

Student Preparationand Presentations

• Watch eye contact• Observe the demeanor of each student

lawyer and witness• Does each student help other members of

the legal team, or does an individual “check out” once his or her task is complete?

• Remember: each team is scored both individually and as a unit

Ballot Comments• When scoring performances, give not only a

number score, but also provide written comments

• Written comments are very valuable to the students, attorney-coaches, and teachers

• The written comments you make help the teams and individual members improve

What scores should you give?

• The most difficult part of Mock Trial from a scoring judge’s standpoint– Subjective– You have to decide based upon the quality of

performance by each student lawyer, each witness, and the team as a whole

– Review the criteria contained in the Mock Trial Judge Handbook

What scores should you give?

• Give a fair evaluation– Consider age of each participant– Consider content of each presentation– Consider ability to think and to respond to

objections, as well as to the unexpected– Consider the effort of each participant to help

move the case forward and to present the case in the best way possible for the client

What scores should you give?

• The scores awarded by you to each participant and each team should be based upon your best judgment and your evaluation of perform during the round

• The guidelines on the ballot are there to assist you

• You must decide the numerical scores to award – Judges should not compare scores

• It is your decision!

After the Trial• Once the case is submitted, each scoring judge

should complete his or her ballot• Get the ballots to the scoring room as quickly as

possible• Give a decision on the case merits• Then, offer a short critique

•Be positive!

Need Help?• Go to The Iowa State Bar Association Web

Site at www.iowabar.org• Contact John Wheeler at the Center for Law

& Civic Education– Phone: (515) 243-3179– Fax: (515) 243-2511– Email: jwheeler@iowabar.org

• Talk with other Iowa lawyers who have been Junior High Mock Trial Judges

The Iowa State Bar Association Junior High Mock Trial Program