MBA Mock Trial Program Mock Trial Basics

1
MBA Mock Trial Program Mock Trial Basics

• Presentation by
• Jim and Josh McGuire
• Permission granted for any education use in
  connection with MBA Mock Trial Program
• November 18, 2002

2
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

3
Mock Trial Parts

• Opening statements
• Direct examinations
• Cross examinations
• Closing arguments
• Witness roles

4
The Mock Trial Team

• Prepare both sidesPlaintiff v.
  Defense(Prosecution v. Defendant)
• Each side has
• Lawyers 3 - 6
• Witnesses 3
• Students can be on both sides

5
Team Preparation

• Develop the Theme of the Case
• Write parts
• Q A
• Re-write parts
• Practice in groups of 2 or 3
• Rehearse, review, revise, refine.
• Audition for Roles

6
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

8
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 2 or 3 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

12
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 courts ruling gracefully

14
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

• ARBPHU
• 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 (F)ilosophy

• Play Fair
• Obey letter and spirit of rules
• Lose and Win gracefully
• Have Fun
• And Finally
• If you think you can, or you think you cant,
  either way youre right.