Mock Trial

2012

Bellwork-

Please review for your quiz.

Case #1• Prosecution Lawyers

– Kendra (Criss’ lawyer)– Hunter (Terry’s lawyer)– Blake (Britt’s lawyer)

• Prosecution Witnesses– Raven (Britt)– Chelsea (Criss)– Mystica (Terry)

• Defense Lawyers– Shy ( Social worker’s

lawyer)– Denaris (Robin’s lawyer)– Gustavo (Kim’s lawyer)

• Defense Witnesses– Sam (Robin Kim Dixon’s

friend)– Diego (Kim Dixon)– Antionette (Social worker)

Case #2• Plaintiff Lawyers

– Trevor (Colby’s lawyer)– Homero (Jamie’s Lawyer)– Eden (Michael’s lawyer)

• Plaintiff Witnesses– Colby- (Phoenix Hopp)– Lillian- (Jamie Anderson)– Joe- Michael Robertson)

• Defense Lawyers– Will (Sydney Freed’s

Lawyer)– Jeff (Taylor Williams’

Lawyer)– Leah (Pat Clifford’s lawyer)

• Defense Witnesses– Leighann (Taylor Willams)– Kyle (Pat Cilfford)– Judy- (Sydney Freed)

First Steps in a Mock Trial

• Familiarize yourself with the statement of facts and witness statements.

• Develop a list of facts that support your case.

• Develop a case strategy.

Develop a Strategy

• The entire team should work together.

• The lawyers role are to serve as a consultant, not as director or decision-maker for the team.

Develop a Strategy

• Consider the following when developing your strategy:– What are the strengths of your case?

• These are the points you will want to emphasize.

– What are the weaknesses of your case?• There are the points and issues for which you

must prepare a counter-argument

Develop a Strategy

• Are your strategies integrated?– Are the witnesses and lawyers promoting

the same “theme” and “theory”? – You must work as a team and pull your

wagon in the same direction.

• Where are the possible holes in your strategy?– You don’t want t be surprised; be

prepared to deal with the unexpected.

Develop a Strategy

• Is there a particular key witness whom you will want to exploit during cross-examination?

Today’s To-Do List• Familiarize yourself with the statement of facts and witness

statements.• Develop a list of facts that support your case.• Develop a case strategy.

– What are the strengths of your case? • These are the points you will want to emphasize.

– What are the weaknesses of your case?• There are the points and issues for which you must prepare a

counter-argument.

– Are your strategies integrated?• Are the witnesses and lawyers promoting the same “theme” and

“theory”? • You must work as a team and pull your wagon in the same

direction.

– Where are the possible holes in your strategy?• You don’t want t be surprised; be prepared to deal with the

unexpected.

– Is there a particular key witness whom you will want to exploit during cross-examination?

• Which order to call your witnesses• What questions do you ask on direct and cross-

examination of each of the six witnesses

Other Considerations in Preparation

• Which order to call your witnesses

• Information contained in your opening statement and closing argument

• What questions do you ask on direct and cross-examination of each of the six witnesses

Other Considerations in Preparation

• How to avoid asking objectionable questions and what to do if one of your questions is objected to

• How and when to object to opposition’s questions

• How to introduce exhibits and offer them into evidence

• How to exhibit proper courtroom decorum and good sportsmanship

Sequence of a Trial

• Opening statements

• Witness Testimony

• Closing Arguments

• Deliberation

Sequence of a Trial

• Opening statements– Plaintiff/ Prosecution (P/P)

introduction and opening statement– Defense (D) attorney introductions

and opening statement

Sequence of a Trial• Witness Testimony

– Direct examination of P/P witnesses– Cross-examination by D of P/P witnesses– Redirect examination of P/P witnesses– P/P rests– Direct examination of D witnesses– Cross-examination by P/P of D witnesses– Redirect examination of D witnesses– D rests

Sequence of a Trial

• Closing Arguments– P/P closing arguments– D closing arguments

• Deliberation– The presiding judge will call a

recess and the panel will leave the room to make a decision

Rules of Evidence

• No leading questions on direct examination

• Evidence about a the character of a party may not be given unless that person’s character is at issue.

• Attorney’s may help their witnesses remember

Rules of Evidence

• Cross-examination may cover the subject matter of the direct examination, credibility issues, etc.

• Impeaching the witness– Making the other side’s witness look like

they should not be believed• Prior bad acts• Past criminal convictions• A prior statement which is different• Bias or prejudice of the witness• Ability to see, hear, smell, or remember

accurately

Rules of Evidence

• No hearsay– Exceptions

• Person directly told a witness something

• Pre-existing state of mind• Regularly kept record

• Witness may not express opinions– Exception

• Expert witnesses

Rules of Evidence

• Witnesses may not testify about something of which they have no personal knowledge

• Only relevant evidence may be presented– Evidence which is unfairly

prejudicial, confusing to the jury, wastes time may be excluded

Rules of Evidence

• Physical evidence may be introduce– Ask judge to mark it for identification– Show it to opposing counsel– Show it to witness and ask him/her to

explain what it is– Offer it into evidence (ask the judge to

admit it)– Get a ruling from the judge on whether it

may be admitted into evidence

Objections

• Objections are made when the opposing side has violated some of the rules of evidence.

• Make the objection as soon as possible.

• If an answer is given before you object, ask to have the answer stricken from the record.

Objections

• Sustained= you were correct to object• Overruled= your were wrong to object• Common objections

– Relevance– Leading question– Improper character testimony– Hearsay– Opinion– Lack of personal knowledge