Introduction to Law Mr. Calella

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Presentation transcript:

Introduction to Law Mr. Calella Mock Trial Guidelines Introduction to Law Mr. Calella

Remember what we learned! Opening Statements Introduce facts to jury (slant them!) Introduce your witnesses and what they will present Discredit the other side and their witnesses Ask jury to find in your favor See examples on PDF (see wiki) Closing Statements Review facts that were presented; highlight strong points on your side and low points on other side Refute the other side Ask the jury to find your favor

Continued… Direct Examinations Cross Examinations Open-ended questions and NO LEADING questions! How, where, when, why, explain Purpose is to have witness narrate a story, but you must ask for specific information Build credibility See examples on PDF (see wiki) Cross Examinations Leading questions (yes/no answer) Narrative questions should be avoided Know answer before asking any question Destroy credibility

Know the Facts First and foremost, all group members must read the entire packet so don’t be lazy! The Mock Trial Packet is on the wiki READ THE PACKET BECAUSE NEXT CLASS YOU WILL HAVE A QUIZ ON FACTS OF THE CASE! Open notes (NO iPad notes; must be hand written, not typed)

Stick to the Facts Everyone must stick to the facts of the case A witness can improvise as long as it does not materially change the case If a witness tries to change the facts, the other side should then try to impeach their credibility by using the testimony in the packet.

Use the Evidence This case is well-balanced Focus on the evidence that best helps your case The team that performs the best as a team will win

Introducing Evidence There is a number of items that may be entered into evidence during the mock trial of this case To do so, please follow these steps… Call a witness who has knowledge of the item Ask the witness questions about the item Show the witness the item and ask them to identify it for the court Ask the judge to admit it into evidence The judge will ask the other side for consent If no consent is given, the two sides will argue about it and the judge will make a final decision

Objections Hearsay Opinion Relevance Leading Question Any statement made by someone not present in the court that is offered as proof of a fact Make the objection after the other side’s witness uses hearsay in his/her testimony Opinion Lay or eye witnesses are not permitted to offer their opinion about a case Only expert witnesses may provide their opinions Relevance Only relevant testimony or evidence can be offered Leading Question Other side cannot use leading questions during the direct examination of their witnesses

I Want a Smooth Trial Know your testimony as a witness; you should not read your lines (you need to be credible, not a robot) NO notes while on the stand You will have plenty of time to prepare and memorize your role Prep your questions if you are an attorney You may use notes Cross uses leading questions (Yes/No) No leading questions on direct

Be a Team You will receive a class participation grade for your time prepping in class No surfing or games; stay focused Stay committed and be a team contributor throughout Don’t check out when your role is complete; continue helping others & assist with objections If you are done early, see me and we will check things over!

Use Your Class Time! Work as a team! Use your time in class to work with teammates Bounce ideas off one another See me if done early!!! You probably can do a lot more to do a better job. Zero for the day if you do not make effective use of time (e.g., iPad games, internet surfing, etc.)

Grading 20 point class participation grade for time prepping in class for each block No iPad games or internet surfing 100 point test/project grade 25 points for Presentation (demeanor, clarity, volume) 25 points for Knowledge of Facts 50 points for Overall Effectiveness (credibility as a witness or attorney; what you contribute towards winning)

Let’s pick teams Captains? I can make teams? 11th vs. 12th graders? Males vs. Females? After we pick teams, meet with your teams and assign roles Captains should then share the roles with me so I can record them Spend the rest of the class reading the packet!