Mock Trial Presentation

1. Mock Trial Presentation By: Gina Kwak

2. Themes • What is a theme in a case? • “Every one of us themes running through our lives” (Bailey 58). So basically, everyone has a theme to tie their case with. It’s just a matter of thinking of a good theme that connects to the client’s situation. • A theme is like a “conceptual string that runs through and holds a work together; loosen it or break it, and the work tends to fall apart”. • A theme helps guide the jury to go along with that theme, without it the jury will make it up for themselves. • What is a theme in the wolf case?

3. Themes (cont.) • https://www.youtube.com/watch?v=QQzN9mtvLvM • What theme did Clarence Darrow use to tie the case together?

4. Opening Statements • What’s an opening statement? • “Your job is not to make an argument, but to tell the winning story” (McElhaney 51). • You have to be a credible source, the jury learns about the case from YOU. • Use descriptive words, make the jury eyewitnesses to your facts. Make them actually “see” what happened. • HUMANIZE YOUR CLIENT! Don’t give people legal names like defendant, so that your facts in your case come alive. Also, if you say client, it says that you are just a lawyer getting paid for standing there and talking about your case.

5. Opening Statement (cont.) • https://www.youtube.com/watch?v=05uaOrBdtbE • What are some things the video said you should do while delivering an opening statement?

6. Objections • Don’t let the opposing counsel ask questions one after another. • The lights are on-The jury is always watching! • When you’re saying objection, say it loud and clear, but also don’t say shout it like it’s the end of the world if its unheard. Say it calmly but loud enough the judge, jury, and the opposing counsel can hear it. • When you are asking questions create an invisible wall between you and the opposing counsel. Ask-Objection-Look at judge. • When responding to the objection, actually RESPOND. Don’t just say what you were trying to ask, it looks like you don’t have a explanation.

7. Evidence • The first thing to do is to have the exhibit marked. It’s USUALLY marked by the court reporter, but make sure before you get to court. • “And it is needless pretension to use a formal litany such as, ‘Your honor, the United States requests that the court reporter mark this as a prosecution exhibit for identification, numbered next in order.’ Just ask the reporter to mark the exhibit for identification” (McElhaney 86). • All you need to say is, “Your honor, I request the reporter mark this defense exhibit six for identification”. • When giving evidence to your opponent, don’t try to start an argument, so try and avoid talking to them. • Show it to the jury, it’s worth showing evidence to the jury because it allows them to feel like a part of the case.

8. Direct/Cross Examination • What is a Direct/Cross Examination? • Make sure that when your witness is answering the question that it is not a social conversation. Prepare your witness not to narrate what happened. • Make sure not to lead the witness while asking questions! • Also, during cross examination, make sure to tell your witness to answer only the question asked, and respond in as few words as possible. • Questions shouldn’t be confusing and elaborate, but they also shouldn’t be random and irrelevant.

9. Closing Argument • Make sure that the closing argument incorporates the theme! • Familiarize yourself with the opposing counsel, so you know what kind of closing statement they are going to give. • Indirectly, tell the jury what kind of verdict they should give. • https://www.youtube.com/watch?v=dLMbKJh15Ak • Watch the first 2 minutes and pay attention to his words, body language, and hand motions.