UMass Lowell Mock Trial Sponsored by: The Pre-Law Society

Introductions Name, Major, Year, Mock Trial Experience, What you’re interested in (Lawyer or Witness) Thomas Wood (President) Rob Callahan (Co-Vice President) James Christopher (Co-Vice President) Lindy Reed (Secretary) Paul Murphy (Treasurer)

UMass Lowell Pre-Law Society vs. Mock Trial Organizes events for students Ex: LSAT prep, current legal issues speaker series, British Debate event, trips to law schools & law school admission conventions, trips to Lowell Court, public speaking event, legal job preparation & networking, etc. Meets every other Monday from 7:00-7:30 PM part of the Pre-Law Society (a subsidiary) Team competes each year in American Mock Trial Association tournaments Members receive case materials and participate in a civil or criminal trial Travels to other schools in New England to compete Meets every Monday from 6:00-7:00 PM

What is Mock Trial? Mock Trial is a simulated criminal or civil trial in lower court Colleges participate nationwide and use case materials hosted by American Mock Trial Association (www.collegemocktrial.org) We compete against other colleges and universities in the U.S. Helps students develop critical thinking skills, public speaking skills, and practical knowledge of legal practices and procedures

Structure of a Trial Pre-Trial Matters Opening Statement (Plaintiff statement, then Defense’s) Plaintiff Case-in Chief Direct Examination (performed by plaintiff attorneys) of 3 Plaintiff Witnesses Cross Examination (performed by defense attorneys) of 3 Plaintiff Witnesses Defense Case-in-Chief Direct Examination (performed by defense attorneys) of 3 defense witnesses Cross Examination (performed by plaintiff attorneys) of 3 defense witnesses Closing Arguments (Plaintiff, then Defense, then Rebuttal) Entire trial usually lasts about 2 ½ to 3 hours long and has two breaks about 5-10 mins. long each

Witnesses When answering questions, speak to the judge, not the attorney Keep your testimony consistent with what is on your affidavit Do not allow other side to impeach, or discredit, you Stay in your role (ex: if you use a Boston accent, keep up the accent throughout the entire trial) Understand the theory and theme of the case, and tie them into your testimony Know what role of importance your witness plays in the case (what your witness contributes, how they help or hurt your team’s argument) KNOW YOUR AFFIDAVIT Don’t invent facts (Unless you’re Sawyer Shaw or Riley Winter)

Attorneys Understand the theory and theme of the case, and tie them into your direct and cross examinations KNOW the case law and Rules of Evidence Understand the role of, and what’s important about, your witnesses Write out and perform direct examinations Perform cross examinations Have objection battles with the other team’s attorney Be comfortable with speaking “off the cuff” (aka think on your feet, without having time to write out what to say) Be confident and comfortable with public speaking Enter pieces of evidence into court Perform opening and closing statements

Opening Statements Witness Role/Responsibilities Attorney Role/responsibilities None Just sit there, stay in character, and listen Introduce yourself and co-council to the court Present your theory (and “theme”) of the case Tell the judge and jury what you expect the evidence will show, and which witnesses you will call This is not an argument – You are not supposed to be argumentative or combative Time Limit: 5 minutes each side

Direct Examination Witness Role/Responsibility Attorney Role/Responsibility Witness is called to the stand to give testimony under oath Answer pre-scripted, pre- rehearsed questions their attorney asks them Both attorney and witness should know the questions and answers to their own direct Writes the direct examination, or questions to ask the witness, before the trial Asks their witness open- ended questions Has objection battles with the opposing team’s attorney

Some Common Objections Relevance Hearsay Lack of foundation More Prejudicial than Probative Speculation Argumentative Badgering the witness Council is Testifying Leading the witness Compound Question Improper Character Evidence If you object to the question, object before the witness gets to answer Of you object to an answer given by a witness, object before attorney moves on

Cross Examination Witness Role/Responsibility Attorney Role/Responsibility Don’t get impeached Try to prevent the attorney from making you seem unreliable or biased Know the facts in your affidavit Ask witness questions to extract 2 or 3 main flaws in this witness In a cross, every question is a leading question Cross attorney prevents the witness from controlling the conversation Impeach the witness if they say something inconsistent with their sworn affidavit Keep it short, get out fast

Closing Arguments None Just sit there, stay in character, and listen Witness Role/Responsibility Attorney Role/Responsibility None Just sit there, stay in character, and listen Review the facts presented in trial Quote what the witnesses said No notes Persuade the judge and jury why you’re right, and other side is wrong Use testimony, facts, and evidence to state your argument If you are the Plaintiff, reserve time for a rebuttal. Time Limit: 9 minutes each side

This Year’s Case (Winter v. TBD Inc.) Riley Winter was a Senior Writer for TBD Inc., an online Popular Culture Magazine. On December 23, 2015, Winter was fired from Winter’s job at TBD. Winter contends the termination violated the Midlands Age Discrimination Act. Midlands Age Discrimination Act It shall be unlawful for any employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual’s age…

Case Law O’Keefe v. Tunceli (1990) To establish liability under MADA, the plaintiff must prove 3 elements: Plaintiff was a member of a protected class Defendant took adverse employment action against the plaintiff. Defendant took adverse employment action because of the plaintiff’s age. Liaolo v. Ahmed (1985) Plaintiff is a member of protected class as long as the plaintiff was 40+ years old at time of employment decision. Mourrain v. Thompson (1992) Termination of employment is an adverse employment action

What’s Next Important Case Law Strategy Plaintiff: Liability Trial or Liability & Damages Defense: Do we call Sawyer Shaw (CEO of TBD?) Witnesses Riley Winter & Sawyer Shaw Expert Witnesses: Kramer, Sam Owens, Vic Fogel Lay Witnesses: Plaintiff & Defense Important Evidence (What evidence is inadmissible?) Auditions will be on Monday September 19th at 6 PM in UXC 492 Volunteers?