1. Please review for your quiz.
Bellwork-
Please review for your quiz.
Mock Trial
2012

2. Prosecution Witnesses
Case #1
Prosecution Lawyers
Kendra (Criss’ lawyer)
Hunter (Terry’s lawyer)
Blake (Britt’s lawyer)
Prosecution Witnesses
Raven (Britt)
Chelsea (Criss)
Mystica (Terry)
Defense Lawyers
Shy ( Social worker’s lawyer)
Denaris (Robin’s lawyer)
Gustavo (Kim’s lawyer)
Defense Witnesses
Sam (Robin Kim Dixon’s friend)
Diego (Kim Dixon)
Antionette (Social worker)
Case #2
Plaintiff Lawyers
Trevor (Colby’s lawyer)
Homero (Jamie’s Lawyer)
Eden (Michael’s lawyer)
Plaintiff Witnesses
Colby- (Phoenix Hopp)
Lillian- (Jamie Anderson)
Joe- Michael Robertson)
Defense Lawyers
Will (Sydney Freed’s Lawyer)
Jeff (Taylor Williams’ Lawyer)
Leah (Pat Clifford’s lawyer)
Defense Witnesses
Leighann (Taylor Willams)
Kyle (Pat Cilfford)
Judy- (Sydney Freed)

3. First Steps in a Mock Trial
Familiarize yourself with the statement of facts and witness statements.
Develop a list of facts that support your case.
Develop a case strategy.

4. Develop a Strategy The entire team should work together.
The lawyers role are to serve as a consultant, not as director or decision-maker for the team.

5. Develop a Strategy
Consider the following when developing your strategy:
What are the strengths of your case?
These are the points you will want to emphasize.
What are the weaknesses of your case?
There are the points and issues for which you must prepare a counter-argument

6. Develop a Strategy Are your strategies integrated?
Are the witnesses and lawyers promoting the same “theme” and “theory”?
You must work as a team and pull your wagon in the same direction.
Where are the possible holes in your strategy?
You don’t want t be surprised; be prepared to deal with the unexpected.

7. Develop a Strategy
Is there a particular key witness whom you will want to exploit during cross-examination?

8. Today’s To-Do List
Familiarize yourself with the statement of facts and witness statements.
Develop a list of facts that support your case.
Develop a case strategy.
What are the strengths of your case?
These are the points you will want to emphasize.
What are the weaknesses of your case?
There are the points and issues for which you must prepare a counter-argument.
Are your strategies integrated?
Are the witnesses and lawyers promoting the same “theme” and “theory”?
You must work as a team and pull your wagon in the same direction.
Where are the possible holes in your strategy?
You don’t want t be surprised; be prepared to deal with the unexpected.
Is there a particular key witness whom you will want to exploit during cross-examination?
Which order to call your witnesses
What questions do you ask on direct and cross-examination of each of the six witnesses

9. Other Considerations in Preparation
Which order to call your witnesses
Information contained in your opening statement and closing argument
What questions do you ask on direct and cross-examination of each of the six witnesses

10. Other Considerations in Preparation
How to avoid asking objectionable questions and what to do if one of your questions is objected to
How and when to object to opposition’s questions
How to introduce exhibits and offer them into evidence
How to exhibit proper courtroom decorum and good sportsmanship

11. Sequence of a Trial Opening statements Witness Testimony
Closing Arguments
Deliberation

12. Sequence of a Trial Opening statements
Plaintiff/ Prosecution (P/P) introduction and opening statement
Defense (D) attorney introductions and opening statement

13. Sequence of a Trial Witness Testimony
Direct examination of P/P witnesses
Cross-examination by D of P/P witnesses
Redirect examination of P/P witnesses
P/P rests
Direct examination of D witnesses
Cross-examination by P/P of D witnesses
Redirect examination of D witnesses
D rests

14. Sequence of a Trial Closing Arguments Deliberation
P/P closing arguments
D closing arguments
Deliberation
The presiding judge will call a recess and the panel will leave the room to make a decision

15. Rules of Evidence No leading questions on direct examination
Evidence about a the character of a party may not be given unless that person’s character is at issue.
Attorney’s may help their witnesses remember

16. Rules of Evidence
Cross-examination may cover the subject matter of the direct examination, credibility issues, etc.
Impeaching the witness
Making the other side’s witness look like they should not be believed
Prior bad acts
Past criminal convictions
A prior statement which is different
Bias or prejudice of the witness
Ability to see, hear, smell, or remember accurately

17. Rules of Evidence No hearsay Witness may not express opinions
Exceptions
Person directly told a witness something
Pre-existing state of mind
Regularly kept record
Witness may not express opinions
Exception
Expert witnesses

18. Rules of Evidence
Witnesses may not testify about something of which they have no personal knowledge
Only relevant evidence may be presented
Evidence which is unfairly prejudicial, confusing to the jury, wastes time may be excluded

19. Rules of Evidence Physical evidence may be introduce
Ask judge to mark it for identification
Show it to opposing counsel
Show it to witness and ask him/her to explain what it is
Offer it into evidence (ask the judge to admit it)
Get a ruling from the judge on whether it may be admitted into evidence

20. Objections
Objections are made when the opposing side has violated some of the rules of evidence.
Make the objection as soon as possible.
If an answer is given before you object, ask to have the answer stricken from the record.

21. Objections Sustained= you were correct to object
Overruled= your were wrong to object
Common objections
Relevance
Leading question
Improper character testimony
Hearsay
Opinion
Lack of personal knowledge