3/4/14 BR – Who is/are the plaintiffs? Who is/are the defendants -be sure to hand in your paper from yesterday Today’s Goal : Trial Roles - Begin Writing.

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Presentation transcript:

3/4/14 BR – Who is/are the plaintiffs? Who is/are the defendants -be sure to hand in your paper from yesterday Today’s Goal : Trial Roles - Begin Writing Your Direct Exam Questions

This Week – Be here. Be on time -  Monday – Roles and Duties, Distribute Materials  Tuesday – Develop Trial Strategies  Wednesday – Direct Examination and Laying Foundation  Thursday – Writing Direct Examination Questions  Friday – Calling Witnesses – Hand in Trial Journal

Important Dates  Thursday, March 13 – Courthouse field trip 8:00-2:00 (get permission slips in!)  Wednesday, March 19 – all day with me, then Mock Trial Competition 5:00-8:00 (Pizza After!)

Trial Diary: (starting today!) Similar to bellringers.. At the end of each week I will collect your trial diary. You can just hand in the paper or papers for that week. Each day of the week is worth 5 points (5 days of school = 25 points.) You should keep this diary and HAND IT IN at the end of the trial. (or I can collect it each week. It will serve as your final grade 1.Date 2.One thing you learned about that day 3.What did you do (specific). 2-3 Sentences. More than just “We worked on our cross examination.” 4.Questions

Trial Strategy  Each side (plaintiff or defense) has a mission. 1.Prove their elements 2.Attack the credibility of the elements the other side is trying to prove. Every question or statement in your case MUST be working to accomplishing your side’s goal.

Attorney Trial Roles Plaintiff (Peacock) Opening Statement ________  Alex Marquez-– Direct___. Cross___.  Cameron White - Direct___. Cross___.  Pat Plum– Direct___. Cross___.  Bobby Scarlet– Direct___. Cross___.  Jordan Peacock- Direct___. Cross___. Closing Statement _________ Defense (Mustard) Opening Statement ________  Dylan Mustard- Direct___. Cross___.  Emory Green- Direct___. Cross___.  Jamie Mustard - Direct___. Cross___.  Sidney Landry- Direct___. Cross___.  Paker Teagan– Direct___. Cross___. Closing Statement ________

Trial Roles Plaintiff  Alex Marquez- Karina  *Cameron White – Yasmine  Pat Plum – Maite  Bobby Scarlet– Yesenia  Jordan Peacock- Monica  Attorneys: Leticia, Mihael, Rich, Jackie  Bailif/Deputy Sheriff – Shana Defense  Dylan Mustard- Brenda  Emory Green- Rihana  Jamie Mustard– Angelica  Sidney Landry- Brian  Parker Teagan– Jalyssa  Attorneys: Alex, Wes, Monique, Christian

Assignment (15pts):  Attorneys/Witnesses - prepare your 1st 5 questions for direct examination. You will perform these tomorrow and witnesses will NOT be allowed to use their packet. ALSO.. Be sure to read the Section “Direct Examination” in the litigation process.

Process for Examining Witnesses:  Refer to the sheet  Tips:  Always face and address the judge.  When in doubt ask for permission  may I proceed?  may I approach?  Address the judge as “Your Honor”  Be respectful and courteous (even if you don’t want to) to all witnesses, and opposing counsel  Build your ethos. Its ok to say, “please” and “thank you.”

Laying a Foundation -Testimony (the witnesses’ story) has to have an uninterrupted story line -With some exceptions. An attorney may NOT skip parts of the story (movie example) -One question must lead to the next (building on each other)

Laying a Foundation Tips: If you think the person has jumped ahead you should object, “Foundation!” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Some times it’s a long foundational road to get the 1 or 2 important facts you need.

Goals for Today:  Assign a role for everyone  Break in to pairs and write your first 5 questions

Areas to Cover:  Introduction  Qualifications or relationship to the case  Important information relevant to the element you are addressing.

Direct Exam Stems.. These are designed to get the person talking  Could you describe  Can you tell us about  What did you see (hear/smell/taste)  Anything else?  What happened next?  What is the nature of..  Describe for the court

On paper/Google Drive (thanks Judith!)  Write out (both atty’s and witnesses) what you want to accomplish with this witness and what information is important.  Be sure to do today’s trial journal