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

2. AGENDA ITEMS Vote for Vice President (Sam, Kyra, Maddie Z or Kilcoyne)
Hoodies
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. “Jogger Story” (See side board)
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