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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.
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:
What I want to make sure to include in my opening statement: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________
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
(Example: That the plaintiff/defendant acted in self-defense.) Direct Examination: Person I will be questioning:
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: ____
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.