+ Trial Basics Information you need for the trial!

+ What is a Mock Trial? Trial before a real judge (or lawyer) Students play all the parts (lawyers, witnesses, etc.) Examination of witnesses “ 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. Defense) Each side has: Lawyers: Witnesses: TBD

+ Prosecution’s Side Main purpose: make sure the defendant is found guilty! How do you do it?: Make sure EVERY element of the crime is present and tie it to the defendant! Let it be known to the jury!

+ Defense’s Side Main purpose: Keep your client from being found guilty How do you do it?: Find a whole or problem in the prosecution’s evidence and let that be known to the jury!

+ Team Preparation  Develop the “Theme of the Case”  Write parts: Q & A Q & A Re-write parts Re-write parts  Practice in groups of 2 or 3  Rehearse, review, revise, refine.

+ 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 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 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

+ 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

Confidence in the courtroom Stand tall Loud clear voice Walk smooth and slow Dress for success Clean, neat, conservative Clean table: no clutter