The “DOs” and Exaggerated “DON’Ts” of Mock Trial

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Presentation transcript:

The “DOs” and Exaggerated “DON’Ts” of Mock Trial

In General Appearance Casualness before trial begins Body Language Organization Attentiveness Witnesses in and out of character Teamwork

Flashback to the state of “Felonia” The DON’T team will be demonstrated by the Plaintiff and the witnesses for the Plaintiff The DO team will be demonstrated by the Defense and the witnesses for the Defense

A “DON’T” Opening by the Plaintiff Mistaken names (gender included) A stumbling and distracting delivery An argument from top to bottom Incorrect language A focus on the opponent case and not the case of the Plaintiff

A “DO” Opening by the Defense Calmness of body language Movement with purpose An engaging story Gestures with purpose A focus on the Defense case

A “DON’T” Direct of Jo Staid Distracting witness appearance Long narrative answers without relevance Answering objections without asking judge to respond Lawyer using notes in an inappropriate and distracting way Lawyer looking down for next question, failing to listen to testimony of his witness Witness leaving the stand at the wrong time

A “DO” Cross-Examination Calm and polite respect for the Court Closed questions An appropriate objection

A “DON’T” Direct of Officer Just Poorly worded questions causing confusion Return to counsel table for inappropriate discussion Witness with an inconsistent accent Witness with body language completely out of character with witness role Poor eye contact by witness A clear violation of the costume rule

A “DO” cross-exam with a “DON’T” objection battle Closed questions A poorly thought out objection An ineffective redirect which is outside the scope of the cross examination

A “DON’T” Direct of Darby Flook Distracting use of notes Leading questions in Direct Ending the Direct without trying to reword/rephrase the question Witness who is unprepared to answer A distinct personality change of the witness between direct and cross-examination

A “DO” cross-exam with a “DON’T” objection A correct impeachment of the witness A panic on the part of the Plaintiff lawyer A witness becoming involved in the objection argument

A “DO” Direct with a Poor Cross Exam of Kim Rodriquez A ringing phone Cross-Exam questions that help the Defense Open Ended cross-exam questions

A “DO” direct of Pat Little and a “DON’T” Cross-Exam A witness that is cut off during an answer A poor hearsay objection An ending on an objection

The Closings DO DON’T Focus on what happened in the trial Adapt each closing to make it unique to the trial DON’T Ramble Use content that was not admitted or used during the trial

Thank-you Have a great season!