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? 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 Students can be on both sides

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 Authentic Relevant BUT NOT Privileged Hearsay or Unduly Prejudical

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 Focus on witness, not lawyer 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

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 Rise and say, “Objection” 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 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 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 Have Fun And Finally… 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.