by: margaret flynt, esq. mock trial basics. the purpose of law
TRANSCRIPT
By: Margaret Flynt, Esq.
Mock Trial Basics
The Purpose of Law
Georgia Court System Magistrate
County courts that issue warrants, hear minor criminal offenses, and civil claims of $15K or less
Probate Wills and administration of decedents’ estates
Juvenile State
Jurisdiction within one county. Misdemeanors, preliminary hearings, and civil matters not reserved for superior courts.
Superior Civil and criminal jurisdiction. Felony trials.
Henry County Superior Court
Georgia Court of Appeals
Court of “first review” for many civil and criminal cases.
Corrects errors of law at trial level. Does not alter jury verdicts or bench
trials.
Georgia Supreme Court
State’s highest court Reviews criminal and civil cases
decided by a trial court or by the Court of Appeals
All constitutional questions and all death penalty cases.
United States Supreme Court
Solutions Provided by Law
Clarification of rights of the parties Determination of Right and Wrong Determination of Guilt or Innocence Direct one party to compensate
another Fine and/or sentence as punishment
Settling Disputes Without a Trial
1) Negotiation
2) Mediation
3) Arbitration
What is a Trial?
“Adversary process” “Impartial” third party—Judge or Jury Bench trial: Judge is “trier of fact”
and “trier of law” Jury Trial: Judge is “trier of law” and
jury is “trier of fact”
The Parties
The Facts of the Case
A disagreement over the facts of an incident forms the basis for a trial.
“Trier of fact” determines which version of facts is correct.
Raffles v. Wichelhaus, 2 H. & C. 906, 159 Eng. Rep. 373 (Ex. 1864).
Evidence
Testimony
Documents
Physical Evidence
Burden of Proof (Criminal)
The State (prosecutor) has the burden.
“Beyond a Reasonable Doubt”
Burden of Proof (Civil)
Plaintiff has the burden. “By a preponderance of the
evidence.” “More likely than not.” 51%
Defense
Present evidence that prevents the plaintiff or prosecutor from meeting the burden of proof. Alternative explanation Alibi Self-defense Insanity
Discovery
Affidavits Written statements of
the facts, made and voluntarily sworn to, usually before a notary or other person who can administer oaths
Deposition Testimony given out of
court. Attorneys for both
sides are usually present
Recorded by a court reporter for later use in court.
Trial Order
Overall Structure
1. Plaintiff Opening Statement
2. Defense Opening Statement
3. Testimony of Witnesses
4. Closing Arguments5. Deliberation
Testimony of Witnesses Direct of P witnesses Cross by D of P
witnesses Redirect of P
witnesses P rests case. Direct of D witnesses Cross by P of D
witnesses Redirect of D
witnesses D rests case
Courtroom Layout
Storytelling
Theory of the Case Facts beyond
dispute Law Common sense Emotionally Leads a jury/judge To your conclusion.
Theme of the Case Word, phrase, or
sentence Controlling or
dominant emotion of the case
Brief and easily remembered
Theory of the Case
When called into the Quik Trip, John was shocked to discover his friend, Paul, had shot the Quik Trip clerk and was now pointing a gun at him. Terrified and confused, John, fearing for his life, obeyed Paul’s commands to take the money and give it to Paul. Under these circumstances, John is not guilty of any crime because he was coerced into participating in the robbery.
Theme of the Case
Frightened, forced, and falsely accused
Frightened, forced, and framed Coerced to crime Two Victims Unwilling Accomplice Puppet of Fear