Criminal and Civil Cases

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Presentation transcript:

Criminal and Civil Cases Getting Ready For Your Mock Trial

Settling Disputes Court is last resort Litigation Arbitration Mediation Negotiation Litigation

Example of Courtroom Layout

Roles in Trial Plaintiff Court Reporter Defendant Jury Prosecuting Attorney Defense Attorney Court Clerk Bailiff Court Reporter Jury Witness

Aspects of a Trial Trial Brief Opening Statement Closing Statement Questioning of Witnesses Direct Testimony Re-Direct Cross-Examination

Testimony vs. Asking Questions Only statements answered under oath are considered evidence. http://www.youtube.com/watch?v=c3RETtAkMKk

Evidence Testimony Documents Physical Evidence Expert Testimony Rules of Evidence

Offer of Proof Subpoena Exhibit Objections

Burden of Proof Civil Case – Preponderance of Evidence Criminal Case – Beyond Reasonable Doubt

Standard Objections Irrelevant Evidence Leading Questions Hearsay Lack of Personal Knowledge Opinion Argumentative Question Speculation

Tasks for the prosecution team are • opening statement • direct examination (prosecution witnesses) • cross-examination (defense witnesses) • closing argument Tasks for the defense team are • cross-examination (prosecution witnesses) • direct examination (defense witnesses)