PREPARATION AND PRESENTATION OF A MOCK TRIAL

1. PREPARATION AND PRESENTATION OF A MOCK TRIAL PHASE II • WITNESS PROFILE  • OPENING STATEMENT • DIRECT EXAM QUESTIONS  • CROSS EXAM QUESTIONS  • CLOSING ARGUMENT

2. PHASE I1. WITNESS PROFILE • Your team must create a Witness Profile for all witnesses in the case. • This profile should identify facts from the witness’ statement that BOTH help (pros) & hurt (cons) your case. • This will help your team prepare Direct and Cross Examination questions for each witness.

3. PREPARATION AND PRESENTATION OF A MOCK TRIAL • PRESENTATION OF THE CASE All trials, real or mock, have a four part oral presentation during which the facts of the case and persuasive arguments are conveyed to the judge and the jury. • Opening Statement • Direct Examination • Cross Examination • Closing Argument

4. PHASE II2. OPENING STATEMENT • The Opening Statement is your team’s first opportunity to speak to the judge/jury. • Your team should introduce your Case Theory to the judge and jury. • The Opening Statement must be a cohesive and persuasive discussion with the jury. • The Opening Statement provides a preview for the judge and the jurors letting them know what to expect during the trial…A review of the evidence that will be presented…witness testimony & physical evidence.

5. PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Opening Statement Judge Witness State X Jury Box Defense

6. PHASE II2. OPENING STATEMENT • The Opening Statement should contain three parts; • Formal Introduction • Be sure to tell them who you are and who you represent • Case Overview • Persuasive discussion with jury • Establish your Case Theory • Conclusion • Make sure to tell the jury what you want them to do

7. PHASE II3. DIRECT EXAMINATION • You begin presenting your case by calling your witnesses to the witness stand and conducting Direct Examination. • The purpose of direct examination is to give your witnesses a chance to tell the jury and judge their story by asking open ended/non leading questions. Leading v. Non-Leading Questions “Is your name John Smith?” (Leading, the answer is in the question) “What is your name?” (Not leading, witness must provide the information)

8. PHASE II3. DIRECT EXAMINATION • Elements of Effective Direct Exam • Keep it simple. • Organize your questions logically. • Pace the flow of information. • Open ended/Not leading questions. • LISTEN TO THE ANSWERS.

9. PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Direct Examination Judge Witness State Jury Box Defense X

10. PHASE II4. CROSS EXAMINATION • Your chance to challenge the other sides witness’ and their direct exam answers. • USE LEADING QUESTIONS “Yes” or “No” answers to Cross Exam questions. • Establish 2-3 key points, Keep it short, Don’t let witness ramble.

11. PHASE II4. CROSS EXAMINATION • Elements of Effective Cross Exam • Know the answer BEFORE you ask the question. • Do not argue with the witness. • Do not let the witness explain. • Do not ask too many questions. • LISTEN TO THE ANSWERS.

12. PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Cross Examination Judge Witness State Jury Box Defense X

13. PHASE II5. CLOSING ARGUMENT • Prepare an outline in advance of closing argument that highlights things you want the jury to remember about your case. • Supplement the outline with facts/evidence presented at trial. • Remind jury of your team’s Case Theory and tell them what you want them to do.

14. PREPARATION AND PRESENTATION OF A MOCK TRIAL Lawyer’s Position During Closing Argument Judge Witness State X Jury Box Defense