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A Mock Trial is a trial based on a hypothetical case where students play the roles of attorneys,
witnesses, jurors and other courtroom participants. The purpose of a mock trial is to help
students gain a working knowledge of the judicial system, develop analytical skills and explore
various aspects of roles of legal professionals.
The first step in preparing for a mock trial is to read the case scenario. In a mock trial, the case
materials can be lengthy. The case summary, witness statements, case law, exhibits, motions,
rules of evidence and rules of a mock trial are included in the case materials.
The teacher will assign roles to each student based on the student’s personalities and
requirements of each role. The students will spend several weeks in class drafting their scripts
with questions and responses. Attorneys will draft direct-examination and cross-examination
questions for each witness. The witnesses will assist the attorneys in drafting questions. This
will help the witnesses to memorize their witness statements and delve into the character they
will be playing. Further, it will help ensure that the witnesses know their testimony thoroughly
so that their testimony will not be inconsistent with their statements.
Direct examinations should be rehearsed by the attorneys and the witnesses being examined.
Cross-examination questions should be drafted and rehearsed as well. The closing argument
can be challenging to prepare because it must be a flexible presentation. The attorney
responsible for the closing argument must review not only the evidence presented for his/her
own side but also the weaknesses and inconsistencies of the other side’s case as presenting
during the trial proceedings.
Keep a Daily Log
The students will keep a “Mock Trail Daily Log” throughout the process of the Mock Trial
Project. This will allow them and the teacher to keep record of the tasks they have completed
as they worked on this project. Other items students can include in this folder are case
materials, case law, copies of exhibits, opening statements, direct-examination and cross-
examination questions for each witness, and closing statements. Organizing trial materials for
easy access and reference is essential for a successful trial.
1. Teams may refer only to materials included in the case materials supplied.
2. No photographs, charts, graphs or other visual aids of any kind may be used, unless
provided in the case packet.
3. Students should not communicate with teachers or legal advisers during the actual trial.
4. Witnesses may not use their witness statements or any notes while testifying.
5. Time limits are generally imposed on each portion of the trial. For example, the opening
and closing statements may be limited to five minutes per side.
6. Typically, no motions may be made to the judge during the trial.
7. No objections may be made during the opening or closing statements.
Assignment
The trial should reflect a process that indicates a fair treatment by the law in determining the
guilt or innocence of the accused. During the mock trial presentation, students will work
together in their roles/teams to present the trial in proper order.
Arrest
Arraignment
Pre-trial hearings
Jury selection
Opening statement by the prosecution
Opening statement by the defense
Direct examination of prosecution witnesses
Cross examination of prosecution witnesses
Direct examination of defense witnesses
Cross examination of defense witnesses
Closing statement by the prosecution
Closing statement of the defense
Rebuttal (by the prosecution)
Jury deliberation
Verdict/Sentencing
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