Ms. Panasyan’s Social Studies class vs. Hernan Cortes Mock trial

Witnesses against Cortes (Prosecution witnesses) Governor of Cuba, Velasquez Citizen of Tenochtitlan Aztec Warrior Montezuma II

Witnesses for Cortes (Defense witnesses) King Charles V Tlaxalteca Pedro de Alvarado La Malinche

Hernan Cortes (the defendant) You must research Cortés's biography and know it well as your own You will be called to testimony You must answer the questions of Prosecution and Defense You should be able to explain the conquest of Mexico to justify your actions You should plead “Not guilty” Be ready to be either thrown in jail or walk free depending on the verdict

All witnesses You need to know your biography: where were you born, how old are you, family status, etc What type of job do you do How are you related to this case Where were you in the time of the event Why do you support or oppose the defendant YOU NEED TO USE EVIDENCE (QUOTE HISTORICAL SOURCES) TO MAKE YOUR TESTIMONY STRONGER

Attorneys (Lawyers) for Prosecution You need to develop questions to ask your own witnesses Your job is to train your own witnesses and to rehearse their direct examination to make sure they say what you need them to say during the trial You also need to develop questions to cross examine the defense witnesses to prove that Cortes is guilty You need to know what roles did all witnesses play to either help you to prove your case or they might testify against your case

Attorneys( lawyers) for Defense You need to develop questions to ask your own witnesses Your job is to train your own witnesses and to rehearse their direct examination to make sure they say what you need them to say during the trial You also need to develop questions to cross examine the prosecution witnesses to prove that Cortes is NOT guilty You need to know what roles did all witnesses play to either help you to prove your case or they might testify against your case YOU NEED TO USE TEXTUAL EVIDENCE TO CROSS EXAMINE THE WITNESESS AND TO PROVE YOUR CASE

All attorneys questioning techniques Ask the basics: who, what, where, when? Only ask questions that help the case. Do not waste judge’s and jurors' time If a witness refuses to cooperate or becomes hostile ask bailiff to treat him as a hostile witness ( bailiff will escort him/her to the caged bench and the witness will loose their opportunity to testify)

Court terminology for attorneys You must refer to the judge “Your honor” You must refer to Cortes as “defendant” When you introduce yourself to the judge you must say your name and that you are representing the plaintiff (Ms. Panasyan’s social studies class) or the defendant ( Mr. Hernan Cortes)

Objections During the examination and cross examination of witnesses, attorneys can object under the following conditions.  Remember, when you object, one MUST give the reason for the objection, or the judge will not hear your objection.

When can I object?  Leading the witness / testifying Lawyer gives evidence or testifies  instead of asking open questions (lawyer putting words in witness’s mouth) Lawyer attempts to give hints or answers to a witness on the stand  (ie. nodding or shaking head to hint at a yes or no response; mouthing words or answers to witness on the stand etc.)   Badgering the witness Lawyer harasses, abuses or insults witness Irrelevant Question or statement does not relate to any of charges   Historical Inaccuracy Witness or lawyer states inaccurate historical facts Wasting the Court’s time Lawyer or witness takes too much time thinking of questions/ answers Witness is not an expert Witness does not have background knowledge / understanding to give a credible answer Hostile Witness Witness refuses to answer questions; witness insults or harasses lawyer

Bailiff You are responsible for opening the courtroom, welcoming the judge and beginning the case You are responsible for providing a Bible for all witnesses and having them swear on a Bible that they will tell the truth You are responsible for taking any evidence from attorneys, putting them in the plastic bags and showing it to the judge You are responsible for standing at the door when the court is in session and preventing anyone from coming/leaving the (court room) classroom You must wear a tie and a white shirt, if possible a badge You are responsible for placing witnesses on a caged bench and calling security if they refuse to cooperate

Jurors You are the most important people in deciding the case You must listen carefully all of the statements of the prosecution and defense You must take notes on each witness and use the rubric to evaluate each side You will pick a foreperson( a leader for jurors who will present the verdict to the judge and to public) Vote on the outcome of the trial according to the established criteria, NOT based on knowledge of the characters from reading and personal opinion. Suggest to the prosecution and defense teams evidence or methods that would have made their arguments more effective.

Judge You are in charge of the case I will provide a gown for you to wear on that day You must keep order in the courtroom You may give instructions to jury to stay neutral; to listen to every statement ; to use their best judgment not their preferences to make decisions on the case After hearing the closing statements of both sides you will send jurors to discuss and decide a verdict RULINGS ON OBJECTIONS : OVER-RULED = judge disagrees with objection SUSTAINED = judge agrees with objection

Opening of Trial   Bailiff:  Please Rise.  The Court of  Panorama City  is now in session, the Honorable Judge ______________ presiding. Judge:  (to bailiff) What is today’s case? Bailiff:  Today’s case is Ms. Panasyan’s Social Studies class vs. Hernan Cortes Judge:  Is the prosecution ready?  Is the defense ready? Attorneys:  Yes, your Honor  (always say “your Honor” when speaking to Judge) Judge: May give instructions to the jury.

Opening statements Attorneys can create any opening statement he /she would like.  The following is a sample. Sample Opening Statement   “Your Honor, members of the jury, my name is ________________________________ and I am representing _____________________ ( Ms. Panasyan’s Social Studies Class or defendant) in this case.  I intend to prove (charge or defense) ____________________________________________________________________________. These are the facts of the case: -provide background information / overview of the topic / issue  (dates, key people, impact on society) -give perspective to the side that you are arguing that may appeal to the audience (“Imagine…”) -state effects of the issue on history (social, political, economic, military) -state the main arguments that you will be presenting  (to charge or defend the Prime Minister) -offer some challenges  / questions to the opposition Today you will be presented with evidence and will hear testimony from my witnesses, __________________ which will leave no doubt in your mind of the _________________(guilt / innocence) of the defendant. Please find the defendant, _________________________________ (guilty / not guilty).”

Oath All witnesses are sworn in before they begin answering questions.  This is to remind them that they must tell the truth. Bailiff:  “Put your left hand on the Bible. Please raise your right hand.  Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?” Witness: “I swear”

Evaluation Your evaluation will be based on how well you can play your role