Transcript Woodrow Wilson Trial Team Mock Trial Basics

MBA Mock Trial Program
Mock Trial Basics
Presentation by
Jim and Josh McGuire
Permission granted for any education use in
connection with MBA Mock Trial Program
November 18, 2002
What is a Mock Trial?
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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
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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
 Students can be on
both sides
Team Preparation
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Develop the “Theme of the Case”
Write parts:
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Q&A
Re-write parts
Practice in groups of 2 or 3
Rehearse, review, revise, refine.
Audition for Roles
Mock Trial Techniques
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Introducing a document
Making and arguing objections
Understanding “hearsay”
Use of affidavit to impeach
Expert witness testimony
Confidence in the courtroom
Opening Statements
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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 2 or 3 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
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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
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
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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
 ARBPHU
• 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
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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 (F)ilosophy
 Play Fair
– Obey letter and spirit of
rules
– Lose and Win gracefully
 Have Fun
 And Finally…
– If you think you can, or
you think you can’t,
either way– you’re right.