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 - 6Lawyers: 3 - 6 Witnesses: 3Witnesses: 3  Students can be on both sides

5. Team Preparation  Develop the “Theme of the Case”  Write parts: Q & A Q & A Re-write parts 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

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 lawdo not argue the law  Identify witnesses brief summary of what they will tell the courtbrief summary of what they will tell the court  Conclusion: the theme revisited

8. Direct Examinations  Witness tells Story What happened ?What happened ? What happened next?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 preferredLeading questions preferred Keep the witness from talkingKeep 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 witnessesUse actual quotes of witnesses  Persuade the judge that you are right Your facts are the “truth”Your facts are the “truth” You view of the law is “justice”You view of the law is “justice”  Strong and sincere No notesNo notes Remember the theme!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 Object to the question before the answerObject to the question before the answer Object to the answer before the next questionObject to the answer before the next question Object to the document when used or offeredObject to the document when used or offered  Rise and say, “Objection” State grounds brieflyState grounds briefly Be prepared to argueBe 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] as Exhibit #1 the [document]  Defend over objection

15. Introducing Documents II  ARBPHU Authentic: It is what it appears to beAuthentic: It is what it appears to be Relevant: Makes some fact needed to prove our case more likely to be trueRelevant: Makes some fact needed to prove our case more likely to be true Best evidence: [not a Mock Trial rule]Best evidence: [not a Mock Trial rule] BUT NOT: Privilege [Not a Mock trial rule]Privilege [Not a Mock trial rule] Hearsay: Important rule to learn and masterHearsay: Important rule to learn and master Unduly prejudicial: e.g., Gory picturesUnduly 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 pointsDiscretionary points  Team with the higher score wins Outcome of the “merits” irrelevantOutcome of the “merits” irrelevant  3 Trials Guaranteed  After that, win or go home.

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