Mock Trial

1. Bellwork- Please review for your quiz. Mock Trial 2012

2. Case #1 Prosecution Lawyers Kendra (Criss’ lawyer) Hunter (Terry’s lawyer) Blake (Britt’s lawyer) Prosecution Witnesses Raven (Britt) Chelsea (Criss) Mystica(Terry) Defense Lawyers Shy ( Social worker’s lawyer) Denaris(Robin’s lawyer) Gustavo (Kim’s lawyer) Defense Witnesses Sam (Robin Kim Dixon’s friend) Diego (Kim Dixon) Antionette(Social worker) Case #2 Plaintiff Lawyers Trevor (Colby’s lawyer) Homero(Jamie’s Lawyer) Eden (Michael’s lawyer) Plaintiff Witnesses Colby- (Phoenix Hopp) Lillian- (Jamie Anderson) Joe- Michael Robertson) Defense Lawyers Will (Sydney Freed’s Lawyer) Jeff (Taylor Williams’ Lawyer) Leah (Pat Clifford’s lawyer) Defense Witnesses Leighann(Taylor Willams) Kyle (Pat Cilfford) Judy- (Sydney Freed)

3. First Steps in a Mock Trial • Familiarize yourself with the statement of facts and witness statements. • Develop a list of facts that support your case. • Develop a case strategy.

4. Develop a Strategy • The entire team should work together. • The lawyers role are to serve as a consultant, not as director or decision-maker for the team.

5. Develop a Strategy • Consider the following when developing your strategy: • What are the strengths of your case? • These are the points you will want to emphasize. • What are the weaknesses of your case? • There are the points and issues for which you must prepare a counter-argument

6. Develop a Strategy • Are your strategies integrated? • Are the witnesses and lawyers promoting the same “theme” and “theory”? • You must work as a team and pull your wagon in the same direction. • Where are the possible holes in your strategy? • You don’t want t be surprised; be prepared to deal with the unexpected.

7. Develop a Strategy • Is there a particular key witness whom you will want to exploit during cross-examination?

8. Today’s To-Do List • Familiarize yourself with the statement of facts and witness statements. • Develop a list of facts that support your case. • Develop a case strategy. • What are the strengths of your case? • These are the points you will want to emphasize. • What are the weaknesses of your case? • There are the points and issues for which you must prepare a counter-argument. • Are your strategies integrated? • Are the witnesses and lawyers promoting the same “theme” and “theory”? • You must work as a team and pull your wagon in the same direction. • Where are the possible holes in your strategy? • You don’t want t be surprised; be prepared to deal with the unexpected. • Is there a particular key witness whom you will want to exploit during cross-examination? • Which order to call your witnesses • What questions do you ask on direct and cross-examination of each of the six witnesses

9. Other Considerations in Preparation • Which order to call your witnesses • Information contained in your opening statement and closing argument • What questions do you ask on direct and cross-examination of each of the six witnesses

10. Other Considerations in Preparation • How to avoid asking objectionable questions and what to do if one of your questions is objected to • How and when to object to opposition’s questions • How to introduce exhibits and offer them into evidence • How to exhibit proper courtroom decorum and good sportsmanship

11. Sequence of a Trial • Opening statements • Witness Testimony • Closing Arguments • Deliberation

12. Sequence of a Trial • Opening statements • Plaintiff/ Prosecution (P/P) introduction and opening statement • Defense (D) attorney introductions and opening statement

13. Sequence of a Trial • Witness Testimony • Direct examination of P/P witnesses • Cross-examination by D of P/P witnesses • Redirect examination of P/P witnesses • P/P rests • Direct examination of D witnesses • Cross-examination by P/P of D witnesses • Redirect examination of D witnesses • D rests

14. Sequence of a Trial • Closing Arguments • P/P closing arguments • D closing arguments • Deliberation • The presiding judge will call a recess and the panel will leave the room to make a decision

15. Rules of Evidence • No leading questions on direct examination • Evidence about a the character of a party may not be given unless that person’s character is at issue. • Attorney’s may help their witnesses remember

16. Rules of Evidence • Cross-examination may cover the subject matter of the direct examination, credibility issues, etc. • Impeaching the witness • Making the other side’s witness look like they should not be believed • Prior bad acts • Past criminal convictions • A prior statement which is different • Bias or prejudice of the witness • Ability to see, hear, smell, or remember accurately

17. Rules of Evidence • No hearsay • Exceptions • Person directly told a witness something • Pre-existing state of mind • Regularly kept record • Witness may not express opinions • Exception • Expert witnesses

18. Rules of Evidence • Witnesses may not testify about something of which they have no personal knowledge • Only relevant evidence may be presented • Evidence which is unfairly prejudicial, confusing to the jury, wastes time may be excluded

19. Rules of Evidence • Physical evidence may be introduce • Ask judge to mark it for identification • Show it to opposing counsel • Show it to witness and ask him/her to explain what it is • Offer it into evidence (ask the judge to admit it) • Get a ruling from the judge on whether it may be admitted into evidence

20. Objections • Objections are made when the opposing side has violated some of the rules of evidence. • Make the objection as soon as possible. • If an answer is given before you object, ask to have the answer stricken from the record.

21. Objections • Sustained= you were correct to object • Overruled= your were wrong to object • Common objections • Relevance • Leading question • Improper character testimony • Hearsay • Opinion • Lack of personal knowledge