Mock Trial 2013-2014/Yonamine Unit: Fall Semester Final Trial Process

ORDER FOR TRIAL

I. OPENING STATEMENTS Plaintiffs Opening Statement: 5 minutes Defenses Opening Statement: 5 minutes II. PLAINTIFFS WITNESSES Plaintiffs Direct Examination: 5 minutes per witness or 15 minutes total Defenses Cross-Examination: 5 minutes per witness or 15 minutes total III. DEFENSES WITNESSES Defenses Direct Examination: 5 minutes per witness or 15 minutes total Plaintiffs Cross-Examination: 5 minutes per witness or 15 minutes total IV. CLOSING STATEMENTS Plaintiffs Closing Argument: 5 minutes Defenses Closing Argument: 5 minutes

Note: Often, a concise examination will be graded higher than a poorly organized and drawn-out presentation.

Mock Trial 2013-2014/Yonamine Unit: Assault Trial Preparations

ATTORNEY ROLES
1) Opening Statement: (2-3 people) Attorney Name: Attorney Name: Attorney Name: 2) Plaintiffs Direct Examination: (up to 8 people) Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name:

2) Defenses Cross-Examination: (up to 8 people) Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name:

3) Defenses Direct Examination (up to 8 people) Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: 4) Closing Statement: (2-3 people) Attorney Name: Attorney Name: Attorney Name:

3) Plaintiffs Cross-Examination: (up to 8 people) Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name: Attorney Name:

OPENING STATEMENTS FOR TRIAL

How to make a Closing Statement The opening statement is your only change to make a good first impression. During opening statements, lawyers for both sides have their chance to introduce themselves, their clients and their cases to the judge or jury. This part of the trial sets the scene for the rest of the case and is your first chance to get the judge(s) on your side. A good opening statement should: introduce yourself Make sure the judge(s) know your name. Also introduce your client and any other counsel on your side. tell your story Let the judge(s) know why you are there. Give a brief rundown of your argument and what you plan to prove. As you speak, maintain open and positive body language. begin the bonding process Look the judge(s) in the eye. The judge(s) need to feel comfortable with you to believe what you say over the course of the trial. present an overview of any witnesses and evidence you will present during the case. be honest and up front Admit negative facts about your client that are likely to come out during the trial, and tell the judge(s) why they should look past that. Negative facts always sound better when you bring them to light yourself. tell the judge(s) what you want the verdict to be Be sure to sound confident and sincere.

What I want to make sure to include in my opening statement: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________

CLOSING STATEMENT FOR TRIAL

How to make a Closing Argument Closing arguments must be based on the actual evidence and testimony presented during the trial. A good closing argument summarizes the case in the light most favorable to your position. The plaintiff delivers the first closing argument. A good closing should: be spontaneous, synthesize what actually happened in court rather than being re- packaged. be emotionally charged and strongly appealing (unlike the calm opening statement). emphasize the facts that support the claims of your side, but not raise any new facts. outline the strengths of your sides witnesses and the weaknesses of the other sides witnesses. isolate the issues and describe briefly how your presentation addressed these issues. be well-organized, clear and persuasive (start and end with your strongest point).

What I want to make sure to include in my opening statement: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________
Sources: The Classroom Law Project, The Classroom, Benchmark Institute Abstract created by M. Yonamine 2013

Unit: Assault Trial Preparations

My Team: (Plaintiff/Defense): _____________________________________

DIRECT EXAMINATION PREPARATIONS

I will show through the direct examination our position on the issue of: (assault/self-defense/search & seizure) ________________________________________________. Our position on the issue is that: ____

(Example: That the plaintiff/defendant acted in self-defense.) Direct Examination: Person I will be questioning:

What fact I want to reveal through the direct exam:

What open-ended question I will ask my witness to reveal that fact:

Unit: Assault Trial Preparations

My Team: (Plaintiff/Defense): _____________________________________

CROSS-EXAMINATION PREPARATIONS
I will show through the cross-examination our position on the issue of: (assault/self-defense/search & seizure) ________________________________________________. Our position on the issue is that: ____

(Example: That the plaintiff/defendant acted in self-defense.)

Cross-Examination: Person I will be interviewing:

What fact I want to reveal through the cross-exam:

Mock Trial 2013-2014/Yonamine Unit: Assault Common Objections

OBJECTIONS FOR TRIAL

On DIRECT EXAMINATION (when the attorney team questions their own witnesses) Leading: You can object if an attorney asks a question that directly suggests the answer. Not Relevant: You can object if an attorney asks a question that seeks evidence that does not relate to the case Hearsay: You can object if the witness testifies by quoting someone who is not present in court (lack of a firsthand witness) Calls for Speculation: You can object if the witness does not have first-hand knowledge of the fact she is testifying to. Example: during direct examination, the witness talks about what s/he thinks someone else thought or why someone else did something. Asked and Answered: You can object if an attorney asks a question hat has both been asked and answered before by this attorney team and this witness.

On CROSS-EXAMINATION (when the attorney team questions the opposing teams witnesses) Hearsay: You can object if the witness testifies by quoting someone who is not present in court (lack of a firsthand witness) Asked and Answered: You can object if an attorney asks a question hat has both been asked and answered before by this attorney team and this witness. Argumentative: You can object if an attorney asks argumentative questions. Example: during cross-examination of a witness the attorney asks, "you aren't as smart as you think you are, are you? " Non-Responsive: You can object if a witness fails to respond to the question asked. Warning: this objection also applies to the witness who talks on and on unnecessarily in an apparent ploy to run out the clock at the expense of the other team. Improper Characterization: You can object if an attorney describes something with great prejudice. Example: during cross-examination of a witness the attorney describes the defendant or her actions as crazy. This is a charged word and has no real meaning unless the witness is a medical doctor who actually means crazy.

Sources: The Classroom Law Project, The Classroom, Benchmark Institute

Abstract created by M. Yonamine 2013