Mock Trial Process Explained: From Preparation to Presentation

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What is Mock Trial?
Steps in what we do…..
AGENDA ITEMS
 
1.
Vote for Vice President 
(Sam, Kyra,
Maddie Z or Kilcoyne)
2.
Hoodies
3.
Groups (
Group Leaders
:  Amber,
Sam, Aneeqa, Kyra, Maddie and
Evan K)
PREPARATION
Once we get the case, we create 2
teams (Plaintiff/Prosecution and
Defense)
Decide roles (Attorneys and
Witnesses)
2 months to prepare the case
HOW
Witnesses need to know their statements
100%
 (No questions)
Attorneys need to know the ENTIRE case
Relevant questions and focus on the law that
the case is about
“Anything” in a witnesses statement can be
asked at any time
#1 Step 1
1 Attorney must stand, introduce the entire
legal team (Lawyers) and all the witness, as
well as what roles they will play, as well as
tell the judge which side they represent
(Plaintiff or defense)
Housekeeping issues (Team decides), things
like evidence, where to stand and more
#2 First
Opening Statement
:  Plaintiff/Prosecution
Opening Statement
:  Defense
Plaintiff/Prosecution creates 
theory
 of case, what
they will prove and how they will meet the
burden of proof
Defense gets to “answer” the opening statement
of the prosecution/plaintiff and tells the judge
how the plaintiff/prosecution will fail to meet
their burden, possibly give another explanation
and show how their client is not liable (Plaintiff)
or not guilty (Prosecution)
Example
“Jogger Story” (See side
board)
#3 Plaintiff/Prosecution case
The Plaintiff/Prosecution has the burden
to prove their case so they call their “3”
witnesses first
Order determined by you
Link statements if you can
Use evidence as much as possible
Connect the proof with the burden
How to Direct Examine
NO leading questions (Telling the witness the
answer)
Who, what, where, when, why, how and describe
DO NOT assume the court knows anything about
the subject
NO (Or very limited) pronouns
Relevant questions (About the case)
Opinions can only be given by experts (Some
exceptions)
#4 Defense Cross Examination
Cross examination is when the opposing
lawyer asks questions to attack the
credibility of the witness
Credibility:  Truthfulness, bias, memory
Leading questions where the attorney
testifies for the witness
Yes/No answers only
How to cross examine
LEAD on EVERY question (Isnt it true that….)
Tell the witness the answer and get them to
agree with a yes
If they fight, follow up with a “So, that’s a yes
then right” or re-ask to make the point
Re focus the witness if needed
NEVER ASK A QUESTION YOU DON’T KNOW THE
ANSWER TO (Biggest rule!)
#7 Resting
After all witnesses for the
plaintiff/Prosecution have been called,
one attorney for the plaintiff/prosecution
must stand and say “The
Plaintiff/Prosecution rests”
#8-10 Defense Case
Same as Plaintiff/Prosecution by calling
your witnesses in order
Cross examination by the plaintiff/
prosecution
Use of exhibits (If needed)
Defense does not need to prove anything,
as they are innocent
Defense rests when done
#
11 Defense Closing Arguments
Defense gets to make their closing
argument first
Tie together evidence and testimony
Explain what everything means
Only place a true argument is made
Explain how burden of proof was NOT met
by the plaintiff/prosecution
#
12 Plaintiff Closing Arguments
Plaintiff/Prosecution gets the last word
which is an advantage
Can respond to what claims the defense
makes
Tie together evidence and testimony
Explain what everything means
Clearly explain what the burden of proof is
and how it was met
Times….
Opening Statements:  No more than 5
minutes for each side
Direct examinations:  10 minutes total
including objections
Cross examinations:  10 minutes total
including objections
Closing arguments:  10 minutes total
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In a mock trial, participants prepare and present cases as legal teams, acting as attorneys and witnesses. The process involves selecting roles, preparing statements, and presenting arguments before a judge. Teams must prove their case with evidence and cross-examination. The article details the steps, from forming teams to presenting opening statements and witness testimonies.

  • Mock Trial
  • Legal Process
  • Roleplay
  • Courtroom Simulation
  • Case Presentation

Uploaded on Sep 21, 2024 | 0 Views


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  1. What is Mock Trial? Steps in what we do ..

  2. AGENDA ITEMS 1.Vote for Vice President (Sam, Kyra, Maddie Z or Kilcoyne) 2.Hoodies 3.Groups (Group Leaders: Amber, Sam, Aneeqa, Kyra, Maddie and Evan K)

  3. PREPARATION Once we get the case, we create 2 teams (Plaintiff/Prosecution and Defense) Decide roles (Attorneys and Witnesses) 2 months to prepare the case

  4. HOW Witnesses need to know their statements 100% (No questions) Attorneys need to know the ENTIRE case Relevant questions and focus on the law that the case is about Anything in a witnesses statement can be asked at any time

  5. #1 Step 1 1 Attorney must stand, introduce the entire legal team (Lawyers) and all the witness, as well as what roles they will play, as well as tell the judge which side they represent (Plaintiff or defense) Housekeeping issues (Team decides), things like evidence, where to stand and more

  6. #2 First Opening Statement: Plaintiff/Prosecution Opening Statement: Defense Plaintiff/Prosecution creates theory of case, what they will prove and how they will meet the burden of proof Defense gets to answer the opening statement of the prosecution/plaintiff and tells the judge how the plaintiff/prosecution will fail to meet their burden, possibly give another explanation and show how their client is not liable (Plaintiff) or not guilty (Prosecution)

  7. Example Jogger Story (See side board)

  8. #3 Plaintiff/Prosecution case The Plaintiff/Prosecution has the burden to prove their case so they call their 3 witnesses first Order determined by you Link statements if you can Use evidence as much as possible Connect the proof with the burden

  9. How to Direct Examine NO leading questions (Telling the witness the answer) Who, what, where, when, why, how and describe DO NOT assume the court knows anything about the subject NO (Or very limited) pronouns Relevant questions (About the case) Opinions can only be given by experts (Some exceptions)

  10. #4 Defense Cross Examination Cross examination is when the opposing lawyer asks questions to attack the credibility of the witness Credibility: Truthfulness, bias, memory Leading questions where the attorney testifies for the witness Yes/No answers only

  11. How to cross examine LEAD on EVERY question (Isnt it true that .) Tell the witness the answer and get them to agree with a yes If they fight, follow up with a So, that s a yes then right or re-ask to make the point Re focus the witness if needed NEVER ASK A QUESTION YOU DON T KNOW THE ANSWER TO (Biggest rule!)

  12. #7 Resting After all witnesses for the plaintiff/Prosecution have been called, one attorney for the plaintiff/prosecution must stand and say The Plaintiff/Prosecution rests

  13. #8-10 Defense Case Same as Plaintiff/Prosecution by calling your witnesses in order Cross examination by the plaintiff/ prosecution Use of exhibits (If needed) Defense does not need to prove anything, as they are innocent Defense rests when done

  14. #11 Defense Closing Arguments Defense gets to make their closing argument first Tie together evidence and testimony Explain what everything means Only place a true argument is made Explain how burden of proof was NOT met by the plaintiff/prosecution

  15. #12 Plaintiff Closing Arguments Plaintiff/Prosecution gets the last word which is an advantage Can respond to what claims the defense makes Tie together evidence and testimony Explain what everything means Clearly explain what the burden of proof is and how it was met

  16. Times. Opening Statements: No more than 5 minutes for each side Direct examinations: 10 minutes total including objections Cross examinations: 10 minutes total including objections Closing arguments: 10 minutes total

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