PREPARATION AND PRESENTATION OF A MOCK TRIAL PHASE II WITNESS PROFILE  OPENING STATEMENT DIRECT EXAM QUESTIONS  CROSS EXAM QUESTIONS  CLOSING ARGUMENT

PHASE I 1. WITNESS PROFILE Your team must create a Witness Profile for all witnesses in the case. This profile should identify facts from the witness’ statement that BOTH help (pros) & hurt (cons) your case. This will help your team prepare Direct and Cross Examination questions for each witness.

PREPARATION AND PRESENTATION OF A MOCK TRIAL PRESENTATION OF THE CASE All trials, real or mock, have a four part oral presentation during which the facts of the case and persuasive arguments are conveyed to the judge and the jury. Opening Statement Direct Examination Cross Examination Closing Argument

PHASE II 2. OPENING STATEMENT The Opening Statement is your team’s first opportunity to speak to the judge/jury. Your team should introduce your Case Theory to the judge and jury. The Opening Statement must be a cohesive and persuasive discussion with the jury. The Opening Statement provides a preview for the judge and the jurors letting them know what to expect during the trial…A review of the evidence that will be presented…witness testimony & physical evidence.

PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Opening Statement Judge Witness State X Jury Box Defense

PHASE II 2. OPENING STATEMENT The Opening Statement should contain three parts; Formal Introduction Be sure to tell them who you are and who you represent Case Overview Persuasive discussion with jury Establish your Case Theory Conclusion Make sure to tell the jury what you want them to do

PHASE II 3. DIRECT EXAMINATION You begin presenting your case by calling your witnesses to the witness stand and conducting Direct Examination. The purpose of direct examination is to give your witnesses a chance to tell the jury and judge their story by asking open ended/non leading questions. Leading v. Non-Leading Questions “Is your name John Smith?” (Leading, the answer is in the question) “What is your name?” (Not leading, witness must provide the information)

PHASE II 3. DIRECT EXAMINATION Elements of Effective Direct Exam Keep it simple. Organize your questions logically. Pace the flow of information. Open ended/Not leading questions. LISTEN TO THE ANSWERS.

PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Direct Examination Judge Witness State Jury Box Defense X

PHASE II 4. CROSS EXAMINATION Your chance to challenge the other sides witness’ and their direct exam answers. USE LEADING QUESTIONS “Yes” or “No” answers to Cross Exam questions. Establish 2-3 key points, Keep it short, Don’t let witness ramble.

PHASE II 4. CROSS EXAMINATION Elements of Effective Cross Exam Know the answer BEFORE you ask the question. Do not argue with the witness. Do not let the witness explain. Do not ask too many questions. LISTEN TO THE ANSWERS.

PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Cross Examination Judge Witness State Jury Box Defense X

PHASE II 5. CLOSING ARGUMENT Prepare an outline in advance of closing argument that highlights things you want the jury to remember about your case. Supplement the outline with facts/evidence presented at trial. Remind jury of your team’s Case Theory and tell them what you want them to do.

PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Closing Argument Judge Witness State X Jury Box Defense