mba mock trial program. what is a mock trial? trial before a real judge (or lawyer) held in real...
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MBA MBA Mock Trial Mock Trial ProgramProgram
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What is a Mock Trial?
Trial before a real judge (or lawyer)
Held in real courtroom (State Court)
Examination of witnesses
Introduce evidence and argue objections
“Facts” are fiction; case law is real
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Mock Trial Parts
Opening statements
Direct examinations
Cross examinations
Closing arguments
Witness roles
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The Mock Trial Team Prepare both sides:
Plaintiff v. Defense
Prosecution v. Defendant
Each side has:
• Lawyers: 3 - 6
• Witnesses: 3
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Team Preparation Develop the “Theme of the Case”Develop the “Theme of the Case” Write parts:Write parts:
• Q & AQ & A• Re-write partsRe-write parts
Practice in groups of 2 or 3Practice in groups of 2 or 3 Rehearse, review, revise, refine.Rehearse, review, revise, refine. Audition for RolesAudition for Roles
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Mock Trial Techniques
Introducing a document
Making and arguing objections
Understanding “hearsay”
Use of affidavit to impeach
Expert witness testimony
Confidence in the courtroom
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Opening Statements
Brief preview: what the case is about
Introduce yourself and your team
Establish trial theme
Summarize key facts• do not argue the law
Identify witnesses• brief summary of what they will tell the court
Conclusion: the theme revisited
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Direct Examinations Witness tells Story
• What happened ?
• What happened next?
Focus on witness, not lawyer
Usually chronological
Tie in with other witnesses, the theme
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Cross Examination Focus is on the lawyer, not witness
• Leading questions preferred• Keep the witness from talking
Establish 3 to 4 key points
Do not merely repeat direct exam
Create reason for court to discount direct testimony
Hit it and quit it! Keep it short.
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Closing Argument Review facts presented at trial
• Use actual quotes of witnesses
Persuade the judge that you are right
• Your facts are the “truth”
• You view of the law is “justice”
Strong and sincere
• No notes
• Remember the theme!
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The Role of the Witness
Talk to the judge, not the lawyer
Know everything in your affidavit
Do not invent facts
Stay in role at all times
Understand case theory and how your testimony helps your side
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Rules of Evidence: Rules of Evidence: ObjectionsObjections
Common ObjectionsCommon Objections
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When and why to Object
Objections are based on the Rules of Evidence
Only object if testimony will hurt your case
Question and answer will be “in evidence” unless you object
Object in order to keep it out of the record
If testimony is already in, move to strike
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How to Object Timely objections
• Object to the question before the answer
• Object to the answer before the next question
• Object to the document when used or offered
Rise and say, “Objection”
• State grounds briefly
• Be prepared to argue
Accept court’s ruling gracefully
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Introducing Documents
Show to opposing counsel
Mark for identification
Show to witness
“Do you recognize?”
“What is it”
“Your honor, I offer into evidence
as Exhibit #1 the [document]
Defend over objection
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Introducing Documents II
ARB-PHU• Authentic: It is what it appears to be
• Relevant: Makes some fact needed to prove our case more likely to be true
• Best evidence: [not a Mock Trial rule]
BUT NOT:
• Privilege [Not a Mock trial rule]
• Hearsay: Important rule to learn and master
• Unduly prejudicial: e.g., Gory pictures
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Confidence in the courtroom
Stand tall
Loud clear voice
Walk smooth and slow
Dress for success Clean, neat,
conservative
Clean table: no clutter
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Mechanics of Competition
Performances are scored 1 to 10• Discretionary points
Team with the higher score wins• Outcome of the
“merits” irrelevant
3 Trials Guaranteed
After that, win or go home.
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Our Filosophy Play Fair
Obey letter and spirit of rules
Lose and Win gracefully
Have Fun