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Mock Trial Questions . How can I prepare for the cross?. Read, Read, Read your statement. You will not know what questions they will ask. Don’t give into things you don’t have to. Fight a little. If the atty blocks you in, just answer. Your atty can come back on redirect and “fix it”.

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how can i prepare for the cross
How can I prepare for the cross?

Read, Read, Read your statement. You will not know what questions they will ask.

Don’t give into things you don’t have to. Fight a little. If the atty blocks you in, just answer. Your atty can come back on redirect and “fix it”

slide3

After a cross, I will as the direct atty if there will be a redirect. If your witness needs to clarify, or had to admit damaging things without explaining, fix this on redirect.

  • Remember – you can only ask questions that were covered in the cross.
    • i.e.- Mr. _____, in the cross, when opposing counsel asked you…., you said yes. Could you explain to the Court what you meant by that.
how do you end a cross or direct
How do you end a cross or direct/

End on the strongest note possible

“No further questions at this time Your Honor”

how often can i object

How often can I object?

When there is an objection, object. However, don’t become too obnoxious, or the judge might stop ruling in your favor.

If you are objecting and I say “sustained” that means I agree with you. If I say “overruled,” I agree with the other side.

how will the mock trial run
How will the mock trial run?
  • Come dressed and ready to go. No time for changing.
  • I will say, “Are the prosecution and Defense ready to proceed?”
  • Choose one person on your team to do the general responses to the judge.
  • Your attorney from each side will stand and say, “Yes. Your Honor.”
slide7

1. Prosecution gives opening

  • 2. Defense gives opening
  • 3. Prosecution calls first witness
  • 4. Defense crosses first witness
  • 5. Prosecution – witness #2
  • 6. Defense – cross witness #2
  • 7. Prosecution – witness #3
  • 8. Defense – cross witness #3
  • 9. Direct calls first witness

**follow same procedure as prosecution

slide8

After all witnesses have testified, I will say: “Would the prosecution and the defense like a recess to prepare for closing arguments?”

  • 1. Prosecution goes first
  • 2. Defense goes last
  • **There are no objections during openings and closings. NONE!!
when are our hard copies due
When are our hard copies due?
  • I need a hard copy (printed off) by Friday 11/18. Rough Draft
  • I need both questions and responses from direct attorneys and witnesses
  • Openings and closings – need rough drafts, not just an outline
  • Crosses, don’t need to worry about responses
  • If you have any questions, write them at the bottom of your questions
slide11

It would be very appropriate to exchange email addresses/share things on google docs

I will be in town over Thanksgiving and will be available to respond to emails.If you want feedback, you should be sending me emails.

when is the mock trial
When is the Mock Trial?
  • We will start on Tuesday 11/290. Periods 3,5 will finish on Wed. Periods 2,4 will finish on Thursday.
  • We will practice on Monday. Monday is not a work day. Last day to work together is 11/21.
  • Final is Wednesday 11/23!! I will be available Thursday, Friday, Monday, Tuesday to assist you in your studies.
  • Final approx 70 pts. You must finish it during your period. 4th will eat C lunch
how do we pick out most important pieces for directs
How do we pick out most important pieces for directs?

1. What does your witness say that helps your side? Why are they testifying for the defense/prosecution?

2. Pretend the judge has never heard the case – knows nothing about it. You need to paint the picture/tell the story to me.

experts how do i memorize everything
Experts - -how do I memorize everything?
  • Make sure the questions break it down, so you have smaller chunks to remember
how will we be graded criteria
How will we be graded – criteria?
  • Great question! You will get your rubric next week
should there be transitions flow
Should there be transitions/flow?

Absolutely. Particularly in Directs/openings/closings - “let me now direct your attention to…”

Crosses may be a bit more choppy, but you can say, “I’d like to ask you a series of questions regarding the accident.”

c x do i have to just stick to my prepared questions
C-X – Do I have to just stick to my prepared questions?
  • NO!! A great c-x atty will ditch some prepared questions for the “real stuff.”
  • A great c-x atty listens to the direct and uses that information against the witness
    • “You just stated a couple minutes ago….”
    • “Let me get this straight. You just said…”
    • “I’m confused. You stated on direct that….”
hint for c x attorneys on impeachment
Hint for c-x attorneys on impeachment
  • Put the line # next to every question in case you have to impeach
    • Will make you look more prepared
    • Will save a lot of time
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