MBA MBA Mock Trial Mock Trial ProgramProgram

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

Mock Trial Parts

Opening statements

Direct examinations

Cross examinations

Closing arguments

Witness roles

The Mock Trial Team Prepare both sides:

Plaintiff v. Defense

Prosecution v. Defendant

Each side has:

• Lawyers: 3 - 6

• Witnesses: 3

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

Mock Trial Techniques

Introducing a document

Making and arguing objections

Understanding “hearsay”

Use of affidavit to impeach

Expert witness testimony

Confidence in the courtroom

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

Direct Examinations Witness tells Story

• What happened ?

• What happened next?

Focus on witness, not lawyer

Usually chronological

Tie in with other witnesses, the theme

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.

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!

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

Rules of Evidence: Rules of Evidence: ObjectionsObjections

Common ObjectionsCommon Objections

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

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

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

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

Confidence in the courtroom

Stand tall

Loud clear voice

Walk smooth and slow

Dress for success Clean, neat,

conservative

Clean table: no clutter

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.

Our Filosophy Play Fair

Obey letter and spirit of rules

Lose and Win gracefully

Have Fun