Anatomy of a Trial Composition of Team (for Competition) Prosecution/Plaintiff 3 Attorneys 3 Witnesses Defense/Defendant 3 Attorneys 3 Witnesses.

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Presentation transcript:

Anatomy of a Trial

Composition of Team (for Competition) Prosecution/Plaintiff 3 Attorneys 3 Witnesses Defense/Defendant 3 Attorneys 3 Witnesses

Order of Events in Trial 1.Prosecution/Plaintiff Opening Statement 2.Defense/Defendant Opening Statement 3.Examination of Prosecution/Plaintiff Witness No. 1 Cross Examination by Defense/Defendant Possible Re-direct by Prosecution/Plaintiff  Possible Re-cross by Defense/Defendant 4.Examination of Prosecution/Plaintiff Witness No. 2 Cross Examination by Defense/Defendant Possible Re-direct by Prosecution/Plaintiff  Possible Re-cross by Defense/Defendant 5.Examination of Prosecution/Plaintiff Witness No. 3 Cross Examination by Defense/Defendant Possible Re-direct by Prosecution/Plaintiff  Possible Re-cross by Defense/Defendant

Order of Events in Trial (Continued) 6. Examination of Defense/Defendant Witness No. 1 Cross Examination by Prosecution/Plaintiff Possible Re-direct by Defense/Defendant  Possible Re-cross by Prosecution/Plaintiff 7. Examination of Defense/Defendant Witness No. 2 Cross Examination by Prosecution/Plaintiff Possible Re-direct by Defense/Defendant  Possible Re-cross by Prosecution/Plaintiff 8. Examination of Defense/Defendant Witness No. 3 Cross Examination by Prosecution/Plaintiff Possible Re-direct by Defense/Defendant  Possible Re-cross by Prosecution/Plaintiff

Order of Events in Trial (Continued) 9.Defense/Defendant Closing Argument 10. Prosecution/Plaintiff Closing Argument

Opening Statement Gives explanation of trial to jury before examinations begin Should include: Theme of your counsel’s case (which will also be used in the closing argument) Introduction of counsel members Duty of jury Explanation of pleadings Explanation of what counsel must prove to win the case Introduction to witnesses and broad explanation of what they will testify to (NO specific details)

Examination- Questioning of a witness Direct Examination Attorney questions his/her own witness (who will testify to help the attorney’s side of the case) Open ended questions o Allow for thorough explanation in answers Cross Examination Attorney questions the opposing counsel’s witness (who will testify to help the opposing side of the case) Leading questions- questions which have an expected answer o “Yes or No” questions

Closing Argument Reiterates points brought up in trial Brings together all arguments in a cohesive case theory Should include: Theme of your counsel’s case (which will also be used in the opening statement) Explanation of pleadings Explanation of what counsel has proven to win the case Facts brought up in witness examinations Holes in opposing counsel’s case Persuasive conclusion (asking jury to fulfill their duty and make the correct ruling)

Time Limits Opening Statements: 5 minutes maximum (per side) Examinations (including re-direct and re-cross): 30 minutes maximum (per side) Closing Arguments: 5 minutes maximum (per side)