Transcript Woodrow Wilson Trial Team Mock Trial Basics

MBA
Mock Trial
Program
What is a Mock Trial?
 Trial before a real judge (or lawyer)
 Held in real courtroom (State Court)
 Examination of witnesses
 Introduce evidence and argue objections
 “Facts” are fiction; case law is real
Mock Trial
Parts
 Opening statements
 Direct examinations
 Cross examinations
 Closing arguments
 Witness roles
The Mock Trial Team
 Prepare both sides:
 Plaintiff v. Defense
 Prosecution v.
Defendant
 Each side has:
•
Lawyers: 3 - 6
•
Witnesses: 3
Team Preparation


Develop the “Theme of the Case”
Write parts:
•
•



Q&A
Re-write parts
Practice in groups of 2 or 3
Rehearse, review, revise, refine.
Audition for Roles
Mock Trial Techniques
 Introducing a document
 Making and arguing objections
 Understanding “hearsay”
 Use of affidavit to impeach
 Expert witness testimony
 Confidence in the courtroom
Opening Statements
 Brief preview: what the case is about
 Introduce yourself and your team
 Establish trial theme
 Summarize key facts
•
do not argue the law
 Identify witnesses
•
brief summary of what they will tell the court
 Conclusion: the theme revisited
Direct Examinations
 Witness tells Story
• What happened ?
• What happened next?
 Focus on witness, not lawyer
 Usually chronological
 Tie in with other witnesses, the theme
Cross Examination
 Focus is on the lawyer, not witness
• Leading questions preferred
• Keep the witness from talking
 Establish 3 to 4 key points
 Do not merely repeat direct exam
 Create reason for court to discount direct
testimony
 Hit it and quit it! Keep it short.
Closing Argument
 Review facts presented at trial
•
Use actual quotes of witnesses
 Persuade the judge that you are right
•
Your facts are the “truth”
•
You view of the law is “justice”
 Strong and sincere
•
No notes
•
Remember the theme!
The Role of the Witness
 Talk to the judge, not the lawyer
 Know everything in your affidavit
 Do not invent facts
 Stay in role at all times
 Understand case theory and how your
testimony helps your side
Rules of Evidence: Objections
Common Objections
When and why to Object
 Objections are based on the Rules of
Evidence
 Only object if testimony will hurt your case
 Question and answer will be “in evidence”
unless you object
 Object in order to keep it out of the record
 If testimony is already in, move to strike
How to Object
 Timely objections
•
Object to the question before the answer
•
Object to the answer before the next question
•
Object to the document when used or offered
 Rise and say, “Objection”
•
State grounds briefly
•
Be prepared to argue
 Accept court’s ruling gracefully
Introducing Documents
 Show to opposing counsel
 Mark for identification
 Show to witness
 “Do you recognize?”
 “What is it”
 “Your honor, I offer into evidence
as Exhibit #1 the [document]
 Defend over objection
Introducing Documents
II
 ARB-PHU
•
Authentic: It is what it appears to be
•
Relevant: Makes some fact needed to prove our case more
likely to be true
•
Best evidence: [not a Mock Trial rule]
BUT NOT:
•
Privilege [Not a Mock trial rule]
•
Hearsay: Important rule to learn and master
•
Unduly prejudicial: e.g., Gory pictures
Confidence in the
courtroom
 Stand tall
 Loud clear voice
 Walk smooth and slow
 Dress for success
 Clean, neat, conservative
 Clean table: no clutter
Mechanics of Competition
 Performances are scored
1 to 10
•
Discretionary points
 Team with the higher
score wins
•
Outcome of the “merits”
irrelevant
 3 Trials Guaranteed
 After that, win or go
home.
Our Filosophy
 Play Fair
 Obey letter and spirit of
rules
 Lose and Win
gracefully
 Have Fun