Please review for your quiz. Bellwork- Please review for your quiz. Mock Trial 2012

Prosecution Witnesses Case #1 Prosecution Lawyers Kendra (Criss’ lawyer) Hunter (Terry’s lawyer) Blake (Britt’s lawyer) Prosecution Witnesses Raven (Britt) Chelsea (Criss) Mystica (Terry) Defense Lawyers Shy ( Social worker’s lawyer) Denaris (Robin’s lawyer) Gustavo (Kim’s lawyer) Defense Witnesses Sam (Robin Kim Dixon’s friend) Diego (Kim Dixon) Antionette (Social worker) Case #2 Plaintiff Lawyers Trevor (Colby’s lawyer) Homero (Jamie’s Lawyer) Eden (Michael’s lawyer) Plaintiff Witnesses Colby- (Phoenix Hopp) Lillian- (Jamie Anderson) Joe- Michael Robertson) Defense Lawyers Will (Sydney Freed’s Lawyer) Jeff (Taylor Williams’ Lawyer) Leah (Pat Clifford’s lawyer) Defense Witnesses Leighann (Taylor Willams) Kyle (Pat Cilfford) Judy- (Sydney Freed)

First Steps in a Mock Trial Familiarize yourself with the statement of facts and witness statements. Develop a list of facts that support your case. Develop a case strategy.

Develop a Strategy The entire team should work together. The lawyers role are to serve as a consultant, not as director or decision-maker for the team.

Develop a Strategy Consider the following when developing your strategy: What are the strengths of your case? These are the points you will want to emphasize. What are the weaknesses of your case? There are the points and issues for which you must prepare a counter-argument

Develop a Strategy Are your strategies integrated? Are the witnesses and lawyers promoting the same “theme” and “theory”? You must work as a team and pull your wagon in the same direction. Where are the possible holes in your strategy? You don’t want t be surprised; be prepared to deal with the unexpected.

Develop a Strategy Is there a particular key witness whom you will want to exploit during cross-examination?

Today’s To-Do List Familiarize yourself with the statement of facts and witness statements. Develop a list of facts that support your case. Develop a case strategy. What are the strengths of your case? These are the points you will want to emphasize. What are the weaknesses of your case? There are the points and issues for which you must prepare a counter-argument. Are your strategies integrated? Are the witnesses and lawyers promoting the same “theme” and “theory”? You must work as a team and pull your wagon in the same direction. Where are the possible holes in your strategy? You don’t want t be surprised; be prepared to deal with the unexpected. Is there a particular key witness whom you will want to exploit during cross-examination? Which order to call your witnesses What questions do you ask on direct and cross-examination of each of the six witnesses

Other Considerations in Preparation Which order to call your witnesses Information contained in your opening statement and closing argument What questions do you ask on direct and cross-examination of each of the six witnesses

Other Considerations in Preparation How to avoid asking objectionable questions and what to do if one of your questions is objected to How and when to object to opposition’s questions How to introduce exhibits and offer them into evidence How to exhibit proper courtroom decorum and good sportsmanship

Sequence of a Trial Opening statements Witness Testimony Closing Arguments Deliberation

Sequence of a Trial Opening statements Plaintiff/ Prosecution (P/P) introduction and opening statement Defense (D) attorney introductions and opening statement

Sequence of a Trial Witness Testimony Direct examination of P/P witnesses Cross-examination by D of P/P witnesses Redirect examination of P/P witnesses P/P rests Direct examination of D witnesses Cross-examination by P/P of D witnesses Redirect examination of D witnesses D rests

Sequence of a Trial Closing Arguments Deliberation P/P closing arguments D closing arguments Deliberation The presiding judge will call a recess and the panel will leave the room to make a decision

Rules of Evidence No leading questions on direct examination Evidence about a the character of a party may not be given unless that person’s character is at issue. Attorney’s may help their witnesses remember

Rules of Evidence Cross-examination may cover the subject matter of the direct examination, credibility issues, etc. Impeaching the witness Making the other side’s witness look like they should not be believed Prior bad acts Past criminal convictions A prior statement which is different Bias or prejudice of the witness Ability to see, hear, smell, or remember accurately

Rules of Evidence No hearsay Witness may not express opinions Exceptions Person directly told a witness something Pre-existing state of mind Regularly kept record Witness may not express opinions Exception Expert witnesses

Rules of Evidence Witnesses may not testify about something of which they have no personal knowledge Only relevant evidence may be presented Evidence which is unfairly prejudicial, confusing to the jury, wastes time may be excluded

Rules of Evidence Physical evidence may be introduce Ask judge to mark it for identification Show it to opposing counsel Show it to witness and ask him/her to explain what it is Offer it into evidence (ask the judge to admit it) Get a ruling from the judge on whether it may be admitted into evidence

Objections Objections are made when the opposing side has violated some of the rules of evidence. Make the objection as soon as possible. If an answer is given before you object, ask to have the answer stricken from the record.

Objections Sustained= you were correct to object Overruled= your were wrong to object Common objections Relevance Leading question Improper character testimony Hearsay Opinion Lack of personal knowledge