MBA Mock Trial Program

What is a Mock Trial?  Trial before a real judge (or lawyer)  Held in real courtroom (State Court)  Examination of witnesses  Introduce evidence and argue objections  “Facts” are fiction; case law is real

Mock Trial Parts  Opening statements  Direct examinations  Cross examinations  Closing arguments  Witness roles

The Mock Trial Team  Prepare both sides:  Plaintiff v. Defense  Prosecution v. Defendant  Each side has: Lawyers: Witnesses: 3

Team Preparation  Develop the “Theme of the Case”  Write parts: Q & A Q & A Re-write parts Re-write parts  Practice in groups of 2 or 3  Rehearse, review, revise, refine.  Audition for Roles

Mock Trial Techniques  Introducing a document  Making and arguing objections  Understanding “hearsay”  Use of affidavit to impeach  Expert witness testimony  Confidence in the courtroom

Opening Statements  Brief preview: what the case is about  Introduce yourself and your team  Establish trial theme  Summarize key facts do not argue the law  Identify witnesses brief summary of what they will tell the court  Conclusion: the theme revisited

Direct Examinations  Witness tells Story What happened ? What happened next?  Focus on witness, not lawyer  Usually chronological  Tie in with other witnesses, the theme

Cross Examination  Focus is on the lawyer, not witness Leading questions preferred Keep the witness from talking  Establish 3 to 4 key points  Do not merely repeat direct exam  Create reason for court to discount direct testimony  Hit it and quit it! Keep it short.

Closing Argument  Review facts presented at trial Use actual quotes of witnesses  Persuade the judge that you are right Your facts are the “truth” You view of the law is “justice”  Strong and sincere No notes Remember the theme!

The Role of the Witness  Talk to the judge, not the lawyer  Know everything in your affidavit  Do not invent facts  Stay in role at all times  Understand case theory and how your testimony helps your side

Rules of Evidence: Objections Common Objections

When and why to Object  Objections are based on the Rules of Evidence  Only object if testimony will hurt your case  Question and answer will be “in evidence” unless you object  Object in order to keep it out of the record  If testimony is already in, move to strike

How to Object  Timely objections Object to the question before the answer Object to the answer before the next question Object to the document when used or offered  Rise and say, “Objection” State grounds briefly Be prepared to argue  Accept court’s ruling gracefully

Introducing Documents  Show to opposing counsel  Mark for identification  Show to witness  “Do you recognize?”  “What is it”  “Your honor, I offer into evidence as Exhibit #1 the [document]  Defend over objection

Introducing Documents II  ARB-PHU Authentic: It is what it appears to be Relevant: Makes some fact needed to prove our case more likely to be true Best evidence: [not a Mock Trial rule] BUT NOT: Privilege [Not a Mock trial rule] Hearsay: Important rule to learn and master Unduly prejudicial: e.g., Gory pictures

Confidence in the courtroom  Stand tall  Loud clear voice  Walk smooth and slow  Dress for success  Clean, neat, conservative  Clean table: no clutter

Mechanics of Competition  Performances are scored 1 to 10 Discretionary points  Team with the higher score wins Outcome of the “merits” irrelevant  3 Trials Guaranteed  After that, win or go home.

Our F ilosophy  Play F air  Obey letter and spirit of rules  Lose and Win gracefully  Have F un