Preparing for a Mock Trial

Direct & Cross Examination

Previously…

Opening Statements How the Grinch Stole

Christmas

Review: Parts of a Trial

Opening Statements Presentation of Prosecution Presentation of Defense Closing Arguments Jury Instructions

Review:Opening Statements vs. Closing Arguments

Have you heard about Goldilocks?

Direct Examination

Friendly with witness Give witness a chance to tell their

story Use open-ended questions Cover who, what, when, where, why,

and how If all else fails, ask:

› What happened next?› Then what did you do?› Can you explain…?

Things to Remember… Preparation is key! Advance your “theme” from

your opening statement. Use signposts as you go…

› Example: “I’d like to talk to you now about when you went to the beach.”

› Allows jury to see where you’re going, keeps the witness on track

Example of Direct Examination

Question Order Questions should build / flow as a

conversation (direct) or an explanation (cross)

Want your questions to be organized into sections› Morning, afternoon, evening ...

Needs to be logical

One question leads into the next until you reach your big point

Cross Examination Purpose: highlight weaknesses in the other

side’s case, show bias or prejudice in the other party’s witness

Instead of asking the witness a question, you are telling them what to say by using leading questions.

The “ideal” cross examination is a long statement from the attorney where the witness says “yes” after each new question/fact.

Focus on inconsistencies or weaknesses (holes in story) that came out during the direct examination

Things to Remember… You need to control the witness and

to counter the direct examination. Use leading questions & keep it

simple. Do not ask a question that you do

not already know the answer to. Wait for an answer from the witness

or ask the question again until you get a direct answer (don’t let them wiggle their way out).

Example of Cross Examination

Legally Blonde 5:16 - 7:31

Closing Argument

The Closing Argument Work only with the facts established during

the trial Go beyond the facts to get to the conclusion

you want› Think in terms of, “so..,” “therefore..,”

“however…” Solidify your theme/theory. Use the Rule of 3!

› Organize your argument into 3 overarching points.

› Helps others follow along & remember the story

› Put your strongest points first or last.

Mock TrialIn your groups…