MOCK TRIALSFOR

STUDENTS

Presentation

by

Maj. Gen. Nilendra Kumar

Director

Amity Law School, Noida

What is a mock trial?

Mock Trial

A mock trial is an act or imitation

trial. It is a simulated exercise to

train potential lawyers, judges or

court officials.

Mock trials are a prominent mode

of clinical legal education.

How does it?

Differ from a Moot

Moot Court is appellate advocacy

whereas mock trial is practice of

trial advocacy.

Object of a Mock Trial

Practical training in trial court

advocacy.

It imparts practical training in

advocacy and court craft

Types of mock trial

Basic Forms

1. Criminal

2. Civil

3. Tribunal

4. Arbitration

Mock trial practice can be later

expanded to cover

1. Conciliation

2. Mediation

3. Taxation

How to plan for a mock trial?

It could be held singly by a group

of law students or as a competing

event between two such teams.

Work out a plot or the problem

Keep the problem simple and

capable of being presented

within maximum two hours.

Illustration of Type of Plots

1. Simple theft

2. Altercation and use of force

3. Eve teasing incident

4. Landlord tenant dispute

5. Breach of contract

6. Cheque bouncing case

7. Use of unfair means in exams (inquiry)

Eligibility

Preferably the teams should

consist of members who have

studied the law of evidence.

Frame rules for participation and

Assessment.

Allocate time for

a) Opening address

b) Examination in Chief

c) Cross-examination

d) Re-examination

e) Final address

Limit the total time to not more than

150 minutes to retain the attention

of judges, participants and

spectators.

Each team not to have six to

seven participants.

Breakdown

1. Advocate - 1

2. Witnesses - 3

3. Accused or party - 1

4. Spare - 1

Maximum number of material or

documentary exhibits to be limited.

Judges to be chosen from amongst

those with experience in litigation at

trial stage.

Assessment and

Evaluation Criteria

Opening statement Questions Submissions Clarity of language

Pronounciation Legal sustenance Brevity of question Poise and body language Court decorum and courtesy

Witnesses are not allowed to refer

to any notes while giving their

testimony.

Witness should be excluded from

the court room while other evidence

is being taken.

Arrange the presence of a

commentator to give relevant

comments or explanation as and

when needed.

PROCEDURE

Students be trained how to produce

a document or material exhibit.

How the documents are identified?

Oath/affirmation to be administered

to a witness.

Advocates may give a brief outline

of their case before commencement

of witnesses evidence. This would

be their version of the case.

At the end of the evidence, they

may give a small submission.

Questions should be brief, simple

and direct.

A question be asked with a definite

purpose.

Prepare a check sheet to monitor

If evidence has been led on all

essential ingradients.

Type of Questions

1. Leading

2. Successfully objected

3. Irrelevant

4. Inadmissible

5. Repetition

6. Exceed time limit

Suggestion

1. Not more than three witnesses

2. Keep scope for one witness to turn hostile

3. Keep scope for innovation

Restrict

1. Rival versions not allowed to contradict or oppose the narrative.

2. Number of witnesses not to exceed what is permissible.

3. Time limit allowed to be adhered.

Each team be allowed to innovate

or assume facts as long as these

do not contradict or violate given

narratives.

Scope

Introduce different types of

witnesses

1. Expert witness

2. Child testimony

3. Deaf and dumb witness

5. Hostile witness

6. Expert

7. Formal witness

Objection

State the ground for, based on

Relevance Admissibility

Negative marks be awarded for

irrelevant, leading or inadmissible

questions.

Also if a question is repeated.

Practice law relating to admissibility

of confession.

Procedure for a witness to refresh

his memory.

Do’s

1. Give list of witnesses.

2. Allow time for reply to be recorded by the stenographer.

3. State ground for objection.

1. Object before the reply is given.

2. Ask formal and preliminary questions from a witness to know who he is and what is his occupation.

3. Identify the accused.

While announcing results of the

event, a detailed summing up by

the faculty or the Chief Judge is

desirable to highlight faults and

mistakes noted.

CONCLUSION

Going to trial with a lawyer who

considers yours whole life style a

crime in progress is not a happy

prospect.

Hunter S Thompson