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

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mock trial

Bellwork-

Please review for your quiz.

Mock Trial

2012

slide2
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)

first steps in a mock trial
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.
develop a strategy
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.
develop a strategy1
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
develop a strategy2
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.
develop a strategy3
Develop a Strategy
  • Is there a particular key witness whom you will want to exploit during cross-examination?
today s to do list
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
other considerations in preparation
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
other considerations in preparation1
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
sequence of a trial
Sequence of a Trial
  • Opening statements
  • Witness Testimony
  • Closing Arguments
  • Deliberation
sequence of a trial1
Sequence of a Trial
  • Opening statements
    • Plaintiff/ Prosecution (P/P) introduction and opening statement
    • Defense (D) attorney introductions and opening statement
sequence of a trial2
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
sequence of a trial3
Sequence of a Trial
  • Closing Arguments
    • 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
rules of evidence
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
rules of evidence1
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
rules of evidence2
Rules of Evidence
  • No hearsay
    • Exceptions
      • Person directly told a witness something
      • Pre-existing state of mind
      • Regularly kept record
  • Witness may not express opinions
    • Exception
      • Expert witnesses
rules of evidence3
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
rules of evidence4
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
objections
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.
objections1
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