Mock Trial Instructions & Information

Important Skills for Trial:

1.  Deciding which points are the most important to prove your side of the case and making sure such proof takes place.

2.  Stating clearly what you intend to prove in an opening statement and then arguing effectively in your closing that the facts and evidence presented have proven your case.

3.  Following the formality of the court, e.g., standing up when the judge enters or when addressing the judge, calling the judge "Your Honor," etc.

4.  Phrasing direct examination questions that are not leading or asking so many questions on cross- examination that well-made points are lost. When a witness has been contradicted or otherwise discredited, learn to  limit additional questions, as they often lessen the impact of previously made points.

5.  Present relevant items as evidence to prove or disprove the case.

6.  Thinking  quickly  on your  feet  when  a  witness  gives  an unexpected  answer,  an attorney  asks unexpected questions, or a judge throws questions at you.

7.  Recognizing which questions  and answers are objectionable, offering  those objections  quickly, and providing the appropriate basis for the objection.

8.  Paying attention to all facets of the trial, not just the parts that directly affect your presentation. All information heard is influential! Learn to listen and incorporate information so that your presentation, whether as a witness or as an attorney, is the most effective it can be.

9.  The mock trial should be as enjoyable as it is educational. If the judge falls asleep in the middle of the trial….

Steps in a Trial:

Step 1 – Swear in Jury

Step 2:  Opening Statements (Prosecution/Defense)

Step 3:  Prosecution presents their case

•      Call witnesses (all witnesses need to be sworn in)

•      Present evidence

Step 4:  Defense presents their case

•      Call witnesses (all witnesses need to be sworn in)

•      Present evidence

Step 5:  Closing arguments

Step 6:  Judge give jury instructions and goes over rules & laws

Step 7:  Jury is dismissed to deliberate

People involved in the Trial

•      Plaintiff. The plaintiff is the person who begins the suit. In the complaint, the plaintiff states, or alleges, that he or she was injured by the conduct of another. The plaintiff usually is represented by a lawyer.

•      Prosecuting Attorney: In this case, the P.A. and the plaintiff will probably be the same person. The P.A. may represent the state (as in the case of murder) because the actual victim (or plaintiff) may not be available.

•      Defendant. The defendant is the individual sued by the plaintiff. In this trial, you will be presenting a criminal case. The defendant usually is also represented by an attorney.

•      DefenseAttorney: This person disputes the statements or allegations or may admit the allegations, but argue that he/she has a valid defense to the claims (such as self-defense).

•      The Judge. The judge decides which disputed facts (evidence), may be presented to the jury. The judge also tells the jury in "jury instructions" what the applicable law is. The judge decides the issues of law in the case. In this trial, your teacher will act as the judge.

•      Court Reporter. The clerk writes down all  questions  asked and the answers  to them as well  as any objections made.

•      The Jury. The jury is usually a group of ordinary citizens selected to decide the case. A jury usually is made up of a group of six or twelve individuals, depending on state law. In most states, a jury must reach a unanimous verdict. That is, all members of the jury must agree with the decision. Some states allow for less than a unanimous verdict in some civil cases. If less than the required number of jurors agree, then the jury is a "hung jury." That means that the jury was unable to reach a decision. In that case, the case can be tried again.

•      Witnesses.  Witnesses must have specific knowledge of what happened. Witnesses are generally not allowed to present hearsay testimony (such as gossip). Witnesses may detail objects the attorney puts into evidence. Expert witnesses may not know the specific facts in the case but may use their specialized knowledge to help the jury understand complex evidence.

•      The Bailiff. The bailiff is a court officer charged with keeping order in the court and helping the jury. A bailiff also may oversee custody of prisoners while in court during criminal cases and swears in the witnesses.

Bailiff’s Primary responsibility:

Calling court to order & swearing in witnesses. Additionally, the bailiff must bring a copy of the “Team Rulebook and Case packet,” should the judge need to clarify an issue or question.

· When calling court to order or swearing in witnesses, use language in case packet.

· remind audience to turn off all cell phones. There is ABSOLUTELY NO FOOD allowed in the courtroom. Water is OK. If guests must step outside they should do so quietly in order to avoid disrupting the participants.

                                             

Swearing in a Witness:

“Please raise your right hand.  Do you swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you god?”

“I do.”

Objections Attorneys can use:

Each attorney can plan to purposely make mistake to keep the opponent on his toes.

1.  Ambiguous- question is vague, uncertain in meaning, or capable of being understood in more than one way.

2.  Asked and Answered- should be used to stop repetitive questioning.

3.  Argumentative- permits opposing counsel to badger the witness into changing his story even though he may not mean to do so.

4.  Assumes facts not in evidence-  the question  may trap the witness  into  affirming  the truth  of the assumed fact, without meaning to do so.

5.  Badgering- the attorney is asking questions in such a way that is intimidating or upsetting the witness.

6.  Calls for speculation- witness is asked to just guess at the answer.

7.  Irrelevant- unconnected with the case.

8.  Leading- should be made as soon as it becomes apparent that opposing counsel is testifying for the witness.

9.  Multiple questions- question is really a series of questions and the jury may be confused as to which question is being answered.

10. Repetitive questions- question needlessly repeats prior questions without adding to the evidence. The question has previously been asked and answered.  NOTE: An attorney, on cross-examination, may repeat a question asked on direct and may at times repeat his own question for emphasis.

What you need to turn in:

 A.   Information from both the prosecuting and defense attorney (each side in a separate folder)

1.  Opening statements

2.  Closing statements

3.  All witness questions

B.   Witness information (with the defense or prosecuting attorney folder)

1.  A 200-250 word affidavit (description using "I" and involvement in the case) from each witness

C.  Jury verdict

A 200-250 word explanation of the verdict and why  it was chosen. Include any information that made this clear to you without a reasonable doubt. (Due for each member of the Jury)

D.   Bailiff information

A 200-250 word paragraph of information you think should have been shown or questions you think should have been asked of the witnesses and comments on how the trial went.

PROCEDURE TO INTRODUCE AN EXHIBIT

1)   Request permission to approach opposing counsel (try to get his /her name) with the exhibit.

2)   Show exhibit (clean and unmarked!) to the opposing counsel.

3)   State:  “Let  the  record  reflect  that  I   am showing  Mr./Ms  A  (if  don’t  get  name –  then  say “prosecution/plaintiff/defense counsel”) the  X (state  what  the  exhibit is – e.g. “Dr. Monarch’s autopsy report”), which has previously been marked as prosecution/plaintiff/defense exhibit #.”

4)   Request permission to approach the witness. (Wait to get permission!)

5)   Hand exhibit to the witness.

6)   Ask the witness, “Do you recognize this document?”

7)   Ask the witness, “What is it?”

8)   Ask the witness, “Is this a fair and accurate copy of the original?” (If a report written by the witness, ask, “And is this your signature at the bottom?”

10) Say to the judge: “At this time I would like to offer prosecution/defense exhibit #     into evidence.”

11) Proceed to question witness about exhibit.

12)  At END of examination, state, “Your honor,  I have no further questions at this time.  Permission to approach the bench and publish plaintiff/prosecution/defense exhibit x.”

If Already in Evidence

State: “I am now referring to what has previously been admitted as prosecution/defense exhibit #.”

If a Demonstrative, You do NOT need to enter these into evidence – they are merely for DEMONSTRATIVE purposes, i.e. to help someone explain something, and make their testimony more clear.  Their testimony stands as evidence, not the demonstrative.

 Try to have  the  witness  mention  that they brought a chart/map/etc  with  them  to court to help

explain what they are saying.

·            Ask the judge, “Permission for the witness to use this chart/map/etc to aid in his/her testimony?”

·             IF   given   permission,   ask,  “Permission   for   the  witness   to  stand   and  make   use  of   the

demonstrative?”

·            Try to set up demonstrative PRIOR to the examination, so this doesn’t eat up your time.  Just set up the easel and place the demonstrative faced backwards on the easel, so it isn’t showing.

·            If opposing counsel used a demonstrative that you will not  be using, take it down  after they are done with their examination.

Reminders about Entering Evidence

·            When  requesting  permission  to  do anything,  you are  asking  the  judge  for  permission,  and

remember to wait for it!

·            Remember  which side you are on: plaintiff/prosecution or defense.

·             Try to find out what your opposing counsel’s name is.

·            Use numbers, not letters to identify exhibits.

·            Keep  track  of  ALL exhibits  and demonstratives  entered  or used on BOTH  sides  – write  them

down!!!

·            Remember to ENTER the exhibit INTO EVIDENCE before you begin asking questions about it!

 

OPENING/CLOSING STATEMENTS

Opening Statement

1.      Greeting:  "Your Honor"

2.      Tell the judge your name and whom you represent.

3.      State why you are here and what you're proving.

4.      Explain how  you  will prove your point.

Your witnesses:  "Today you'll hear from..." "His/her testimony will show that..."

5.      What you want the judge to do:

Prosecution: "Members of the Jury, I am confident that you'll find (defendant’s name) to be guilty of the charges.”

OR

Defense: "Members of the Jury, I am confident that you'll find (defendant’s name) to be not guilty of the charges.”

* Don't  promise anything that you can't keep!

* Tell the story, but don't argue.  "The evidence will show that..."

Closing Statement

* Here is your last shot at telling the judge your story!

* Now  it's time to argue!!

1. Address the judge: "Your honor, you've heard  all of the testimony..."

2. Attack the other side (one at a time):

-What did the other side want to do but didn't?

-Think of the things that the opposition said it would do in the opening statement.

-Say exactly what the opposition’s witnesses failed to show, either in direct or cross- examination.

-Maybe the witnesses did not make a strong case.

-Maybe the witnesses didn't have a good answer during cross-examination.

-So what?

-Some points SOUND good, but they are really NOT that important.

**All together, it looks something like this:

Prosecution: "Members of the Jury, you've heard defense's lawyer try to tell you that….

OR

Defense: "Members of the Jury, you've heard the prosecution try to tell you that…. In the opening statement, they said they'd…

Instead, you heard their own witnesses say…

On cross-examination, it came out that….”

3. What made your side the best?

-What did you promise in the opening statement?

-What did you witnesses have to say?

-How did your case make your civilization the best?

4. Tell the Jury what you want from them:

Prosecution: "Members of the Jury, I ask that you find (defendant’s name) to be guilty."

OR

Defense: "Members of the Jury, I ask that you find (defendant’s name) to be not guilty."