Mock Trial GuidelinesIntroduction to LawMr. Calella

Remember what we learned!• Opening Statements• Introduce facts to jury (slant them!)• Introduce your witnesses and what they will

present• Discredit the other side and their witnesses• Ask jury to find in your favor• See examples on PDF (see wiki)

• Closing Statements• Review facts that were presented; highlight strong

points on your side and low points on other side• Refute the other side• Ask the jury to find your favor• See examples on PDF (see wiki)

Continued…• Direct Examinations• Open-ended questions and NO LEADING questions!• How, where, when, why, explain• Purpose is to have witness narrate a story, but you

must ask for specific information• Build credibility• See examples on PDF (see wiki)

• Cross Examinations• Leading questions (yes/no answer)• Narrative questions should be avoided• Know answer before asking any question• Destroy credibility• See examples on PDF (see wiki)

Know the Facts• First and foremost, all group members

must read the entire packet so don’t be lazy!• The Mock Trial Packet is on the wiki•READ THE PACKET BECAUSE NEXT

CLASS YOU WILL HAVE A QUIZ ON FACTS OF THE CASE!•Open notes (NO iPad notes; must be

hand written, not typed)

Stick to the Facts

• Everyone must stick to the facts of the case•A witness can improvise as long as it

does not materially change the case• If a witness tries to change the facts,

the other side should then try to impeach their credibility by using the testimony in the packet.

Use the Evidence

• This case is well-balanced• Focus on the evidence that best helps

your case• The team that performs the best as a

team will win

Introducing Evidence• There is a number of items that may be entered

into evidence during the mock trial of this case• To do so, please follow these steps…• Call a witness who has knowledge of the item• Ask the witness questions about the item• Show the witness the item and ask them to identify it for

the court• Ask the judge to admit it into evidence• The judge will ask the other side for consent• If no consent is given, the two sides will argue about it

and the judge will make a final decision

Objections• Hearsay• Any statement made by someone not present in the

court that is offered as proof of a fact• Make the objection after the other side’s witness uses

hearsay in his/her testimony• Opinion• Lay or eye witnesses are not permitted to offer their

opinion about a case• Only expert witnesses may provide their opinions

• Relevance• Only relevant testimony or evidence can be offered

• Leading Question• Other side cannot use leading questions during the

direct examination of their witnesses

I Want a Smooth Trial• Know your testimony as a witness; you

should not read your lines (you need to be credible, not a robot)• NO notes while on the stand• You will have plenty of time to prepare

and memorize your role• Prep your questions if you are an

attorney• You may use notes• Cross uses leading questions (Yes/No)• No leading questions on direct

Be a Team• You will receive a class participation

grade for your time prepping in class•No surfing or games; stay focused• Stay committed and be a team

contributor throughout•Don’t check out when your role is

complete; continue helping others & assist with objections• If you are done early, see me and we

will check things over!

Use Your Class Time!

•Work as a team!•Use your time in class to work with

teammates• Bounce ideas off one another• See me if done early!!! You probably can

do a lot more to do a better job.• Zero for the day if you do not make

effective use of time (e.g., iPad games, internet surfing, etc.)

Grading•20 point class participation grade for

time prepping in class for each block•No iPad games or internet surfing•100 point test/project grade• 25 points for Presentation (demeanor,

clarity, volume)• 25 points for Knowledge of Facts• 50 points for Overall Effectiveness

(credibility as a witness or attorney; what you contribute towards winning)

Let’s pick teams

• Captains?• I can make teams?• 11th vs. 12th graders?• Males vs. Females?

• After we pick teams, meet with your teams and assign roles• Captains should then share the roles with me so I

can record them• Spend the rest of the class reading the packet!