1. MBA Mock Trial Program Mock Trial Basics
Presentation by
Jim and Josh McGuire
Permission granted for any education use in connection with MBA Mock Trial Program
November 18, 2002

2. What is a Mock Trial? Trial before a real judge (or lawyer)
Held in real courtroom (State Court)
Examination of witnesses
Introduce evidence and argue objections
“Facts” are fiction; case law is real

3. Mock Trial Parts Opening statements Direct examinations
Cross examinations
Closing arguments
Witness roles

4. The Mock Trial Team
Prepare both sides: Plaintiff v. Defense (Prosecution v. Defendant)
Each side has:
Lawyers: 3 - 6
Witnesses: 3
Students can be on both sides

5. Team Preparation Develop the “Theme of the Case” Write parts:
Q & A
Re-write parts
Practice in groups of 2 or 3
Rehearse, review, revise, refine.
Audition for Roles

6. Mock Trial Techniques Introducing a document
Making and arguing objections
Understanding “hearsay”
Use of affidavit to impeach
Expert witness testimony
Confidence in the courtroom
Authentic
Relevant
BUT NOT
Privileged
Hearsay or
Unduly Prejudical

7. Opening Statements Brief preview: what the case is about
Introduce yourself and your team
Establish trial theme
Summarize key facts
do not argue the law
Identify witnesses
brief summary of what they will tell the court
Conclusion: the theme revisited

8. Direct Examinations Witness tells Story Focus on witness, not lawyer
What happened ?
What happened next?
Focus on witness, not lawyer
Usually chronological
Tie in with other witnesses, the theme

9. Cross Examination Focus is on the lawyer, not witness
Leading questions preferred
Keep the witness from talking
Establish 2 or 3 key points
Do not merely repeat direct exam
Create reason for court to discount direct testimony
Hit it and quit it! Keep it short.

10. Closing Argument Review facts presented at trial
Use actual quotes of witnesses
Persuade the judge that you are right
Your facts are the “truth”
You view of the law is “justice”
Strong and sincere
No notes
Remember the theme!

11. The Role of the Witness Talk to the judge, not the lawyer
Know everything in your affidavit
Do not invent facts
Stay in role at all times
Understand case theory and how your testimony helps your side

12. When and why to Object Objections are based on the Rules of Evidence
Only object if testimony will hurt your case
Question and answer will be “in evidence” unless you object
Object in order to keep it out of the record
If testimony is already in, move to strike

13. How to Object Timely objections Rise and say, “Objection”
Object to the question before the answer
Object to the answer before the next question
Object to the document when used or offered
Rise and say, “Objection”
State grounds briefly
Be prepared to argue
Accept court’s ruling gracefully

14. Introducing Documents
Show to opposing counsel
Mark for identification
Show to witness
“Do you recognize?”
“What is it”
“Your honor, I offer into evidence
as Exhibit #1 the [document]
Defend over objection

15. Introducing Documents II
ARBPHU
Authentic: It is what it appears to be
Relevant: Makes some fact needed to prove our case more likely to be true
Best evidence: [not a Mock Trial rule]
BUT NOT:
Privilege [Not a Mock trial rule]
Hearsay: Important rule to learn and master
Unduly prejudicial: e.g., Gory pictures

16. Confidence in the courtroom
Stand tall
Loud clear voice
Walk smooth and slow
Dress for success
Clean, neat, conservative
Clean table: no clutter

17. Mechanics of Competition
Performances are scored 1 to 10
Discretionary points
Team with the higher score wins
Outcome of the “merits” irrelevant
3 Trials Guaranteed
After that, win or go home.

18. Our (F)ilosophy Play Fair Have Fun And Finally…
Obey letter and spirit of rules
Lose and Win gracefully
Have Fun
And Finally…
If you think you can, or you think you can’t, either way– you’re right.