1. Preparing for a Mock Trial
Direct & Cross Examination

2. Previously…
Opening Statements
How the Grinch Stole Christmas

3. Review: Parts of a Trial
Opening Statements
Presentation of Prosecution
Presentation of Defense
Closing Arguments
Jury Instructions

4. Review: Opening Statements vs. Closing Arguments
Have you heard about Goldilocks?
Ask a student volunteer to stand & tell the story of Goldilocks and the Three Bears. This is a good opening statement that just tells a story based on the facts.
If it were a closing argument, you would push it further. For example – instead of saying, “Goldilocks entered the house, sat in and broke their chairs, ate their food, and slept in their beds,” you might argue that, “Goldilocks has shown herself to be a spoiled young girl with disregard for both the law and the security and privacy of others.”

5. Direct Examination Friendly with witness
Give witness a chance to tell their story
Use open-ended questions
Cover who, what, when, where, why, and how
If all else fails, ask:
What happened next?
Then what did you do?
Can you explain…?
Ask a student volunteer to pretend that they are a friend who hasn’t seen you in a month. Have them ask what you have been up to, how you’ve been … generally have a conversation trying to elicit information.

6. Things to Remember… Preparation is key!
Advance your “theme” from your opening statement.
Use signposts as you go…
Example: “I’d like to talk to you now about when you went to the beach.”
Allows jury to see where you’re going, keeps the witness on track

7. Example of Direct Examination

8. Question Order
Questions should build / flow as a conversation (direct) or an explanation (cross)
Want your questions to be organized into sections
Morning, afternoon, evening ... Needs to be logical
One question leads into the next until you reach your big point

9. Cross Examination
Purpose: highlight weaknesses in the other side’s case, show bias or prejudice in the other party’s witness
Instead of asking the witness a question, you are telling them what to say by using leading questions.
The “ideal” cross examination is a long statement from the attorney where the witness says “yes” after each new question/fact.
Focus on inconsistencies or weaknesses (holes in story) that came out during the direct examination
Ask a student volunteer to pretend to be a child sneaking in after curfew. Interrogate them as the angry parent.
You know your curfew is 10:00 p.m., correct?
Did you know that it is now 1 a.m.?
You were out with those friends of yours weren’t you?
Have you been drinking?

10. Things to Remember…
You need to control the witness and to counter the direct examination.
Use leading questions & keep it simple.
Do not ask a question that you do not already know the answer to.
Wait for an answer from the witness or ask the question again until you get a direct answer (don’t let them wiggle their way out).

11. Example of Cross Examination
Legally Blonde 5:16 - 7:31

12. Closing Argument

13. The Closing Argument
Work only with the facts established during the trial
Go beyond the facts to get to the conclusion you want
Think in terms of, “so..,” “therefore..,” “however…”
Solidify your theme/theory.
Use the Rule of 3!
Organize your argument into 3 overarching points.
Helps others follow along & remember the story
Put your strongest points first or last.

14. Mock Trial
In your groups…