Mock Trial• This is your FINAL EXAM! Take it

seriously!

• There will be two cases– Battered Woman Syndrome– Crack Baby

• I need 12 total Attorneys– 3 defense and 3 prosecution (for each case)

• I need 12 total Witnesses– 3 witnesses for defense, 3 for prosecution (for

each case)

Mock Trial• Each of you must turn in your individual

packet (attorney preparation OR witness preparation)

• IF YOU ARE ABSENT THE DAY OF YOUR TRIAL, you will be deducted 15 percent!!!! DO not miss the day of your trial!!

• IF, for any reason, we can’t get our trials in, you must submit your work in your packets for a final grade!!!

Day One

• Who wants to be an attorney?

• Who wants to be a witness?

• READ OVER YOUR CASE!!! THIS IS YOUR FINAL EXAM!!!!

Day 2 Draft Witnesses

• Each side (prosecution or the state, defense) will draft three witnesses

• We will conduct a draft.

• First pick will pick last for the second round

QUESTIONING

• Direct Examination• Conducted by friendly

attorney.• Lawyer asks

rehearsed questions.• Questions let witness

tell story-witness should do 90% of talking.

• Questions consist of: who, what where, when, why, how.

• NO leading questions.

CROSS EXAMINATION

• Conducted by opposing lawyer.

• Lawyer attacks credibility of witness.

• Lawyer does 95% of talking.

• Lawyer’s questions lead to yes or no answers by the witness.

OBJECTIONS

• 1. Badgering: deals with “treatment” of the witness by opposing lawyer.

• 2. Irrelevant: the question is not pertinent to the witness who is testifying.

• 3. Opinion: the witness is not qualified to give an opinion on the matter.

• 4. Not an expert: the question calls for expert testimony that the witness can’t give.

OBJECTIONS-CONT.

• 5. Beyond the scope of the affidavit: unreasonable question not based on the information provided in the witness statements.

• 6. Asked and answered: the question has been asked and sufficiently answered.

• 7. Narration: the lawyer is not asking questions to the witness.

OBJECTIONS-CONT.

• 8. Leading questions on direct examination.