By: Margaret Flynt, Esq. Mock Trial Basics

The Purpose of Law

Georgia Court System Magistrate Magistrate County courts that issue warrants, hear minor criminal offenses, and civil claims of $15K or less County courts that issue warrants, hear minor criminal offenses, and civil claims of $15K or less Probate Probate Wills and administration of decedents’ estates Wills and administration of decedents’ estates Juvenile Juvenile State State Jurisdiction within one county. Misdemeanors, preliminary hearings, and civil matters not reserved for superior courts. Jurisdiction within one county. Misdemeanors, preliminary hearings, and civil matters not reserved for superior courts. Superior Superior Civil and criminal jurisdiction. Felony trials. Civil and criminal jurisdiction. Felony trials.

Henry County Superior Court

Georgia Court of Appeals Court of “first review” for many civil and criminal cases. Court of “first review” for many civil and criminal cases. Corrects errors of law at trial level. Corrects errors of law at trial level. Does not alter jury verdicts or bench trials. Does not alter jury verdicts or bench trials.

Georgia Supreme Court State’s highest court State’s highest court Reviews criminal and civil cases decided by a trial court or by the Court of Appeals Reviews criminal and civil cases decided by a trial court or by the Court of Appeals All constitutional questions and all death penalty cases. All constitutional questions and all death penalty cases.

United States Supreme Court

Solutions Provided by Law Clarification of rights of the parties Clarification of rights of the parties Determination of Right and Wrong Determination of Right and Wrong Determination of Guilt or Innocence Determination of Guilt or Innocence Direct one party to compensate another Direct one party to compensate another Fine and/or sentence as punishment Fine and/or sentence as punishment

Settling Disputes Without a Trial 1) Negotiation 2) Mediation 3) Arbitration

What is a Trial? “Adversary process” “Adversary process” “Impartial” third party—Judge or Jury “Impartial” third party—Judge or Jury Bench trial: Judge is “trier of fact” and “trier of law” Bench trial: Judge is “trier of fact” and “trier of law” Jury Trial: Judge is “trier of law” and jury is “trier of fact” Jury Trial: Judge is “trier of law” and jury is “trier of fact”

The Parties

The Facts of the Case A disagreement over the facts of an incident forms the basis for a trial. A disagreement over the facts of an incident forms the basis for a trial. “Trier of fact” determines which version of facts is correct. “Trier of fact” determines which version of facts is correct. Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Rep. 373 (Ex. 1864).

Evidence Testimony Testimony Documents Documents Physical Evidence Physical Evidence

Burden of Proof (Criminal) The State (prosecutor) has the burden. The State (prosecutor) has the burden. “Beyond a Reasonable Doubt” “Beyond a Reasonable Doubt”

Burden of Proof (Civil) Plaintiff has the burden. Plaintiff has the burden. “By a preponderance of the evidence.” “By a preponderance of the evidence.” “More likely than not.” “More likely than not.” 51% 51%

Defense Present evidence that prevents the plaintiff or prosecutor from meeting the burden of proof. Present evidence that prevents the plaintiff or prosecutor from meeting the burden of proof. Alternative explanation Alternative explanation Alibi Alibi Self-defense Self-defense Insanity Insanity

Discovery Affidavits Written statements of the facts, made and voluntarily sworn to, usually before a notary or other person who can administer oaths Deposition Testimony given out of court. Attorneys for both sides are usually present Recorded by a court reporter for later use in court.

Trial Order Overall Structure 1. Plaintiff Opening Statement 2. Defense Opening Statement 3. Testimony of Witnesses 4. Closing Arguments 5. Deliberation Testimony of Witnesses Direct of P witnesses Cross by D of P witnesses Redirect of P witnesses P rests case. Direct of D witnesses Cross by P of D witnesses Redirect of D witnesses D rests case

Courtroom Layout

Storytelling Theory of the Case Theory of the Case Facts beyond dispute Facts beyond dispute Law Law Common sense Common sense Emotionally Emotionally Leads a jury/judge Leads a jury/judge To your conclusion. To your conclusion. Theme of the Case Word, phrase, or sentence Controlling or dominant emotion of the case Brief and easily remembered

Theory of the Case When called into the Quik Trip, John was shocked to discover his friend, Paul, had shot the Quik Trip clerk and was now pointing a gun at him. Terrified and confused, John, fearing for his life, obeyed Paul’s commands to take the money and give it to Paul. Under these circumstances, John is not guilty of any crime because he was coerced into participating in the robbery. When called into the Quik Trip, John was shocked to discover his friend, Paul, had shot the Quik Trip clerk and was now pointing a gun at him. Terrified and confused, John, fearing for his life, obeyed Paul’s commands to take the money and give it to Paul. Under these circumstances, John is not guilty of any crime because he was coerced into participating in the robbery.

Theme of the Case Frightened, forced, and falsely accused Frightened, forced, and falsely accused Frightened, forced, and framed Frightened, forced, and framed Coerced to crime Coerced to crime Two Victims Two Victims Unwilling Accomplice Unwilling Accomplice Puppet of Fear Puppet of Fear