MBA Mock Trial ProgramMBA Mock Trial ProgramMock Trial BasicsMock Trial Basics

Presentation by Presentation by Jim and Josh McGuireJim and Josh McGuire

Permission granted for any education use in Permission granted for any education use in connection with MBA Mock Trial Programconnection with MBA Mock Trial Program

November 18, 2002November 18, 2002

What is a Mock Trial?What is a Mock Trial?

Trial before a real judge (or lawyer)Trial before a real judge (or lawyer) Held in real courtroom (State Court)Held in real courtroom (State Court) Examination of witnessesExamination of witnesses Introduce evidence and argue objectionsIntroduce evidence and argue objections ““Facts” are fiction; case law is realFacts” are fiction; case law is real

Mock Trial PartsMock Trial Parts

Opening statementsOpening statements Direct examinationsDirect examinations Cross examinationsCross examinations Closing argumentsClosing arguments Witness rolesWitness roles

The Mock Trial TeamThe Mock Trial Team

Prepare both sides:Prepare both sides:Plaintiff v. DefensePlaintiff v. Defense(Prosecution v. Defendant)(Prosecution v. Defendant)

Each side has:Each side has:• Lawyers: 3 - 6Lawyers: 3 - 6• Witnesses: 3Witnesses: 3

Students can be on Students can be on both sidesboth sides

Team PreparationTeam 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 TechniquesMock Trial Techniques

Introducing a documentIntroducing a document Making and arguing objectionsMaking and arguing objections Understanding “hearsay”Understanding “hearsay” Use of affidavit to impeachUse of affidavit to impeach Expert witness testimonyExpert witness testimony Confidence in the courtroomConfidence in the courtroom

Opening StatementsOpening Statements

Brief preview: what the case is aboutBrief preview: what the case is about Introduce yourself and your teamIntroduce yourself and your team Establish trial themeEstablish trial theme Summarize key factsSummarize key facts

• do not argue the lawdo not argue the law Identify witnessesIdentify witnesses

• brief summary of what they will tell the courtbrief summary of what they will tell the court Conclusion: the theme revisitedConclusion: the theme revisited

Direct ExaminationsDirect Examinations

Witness tells StoryWitness tells Story• What happened ?What happened ?• What happened next?What happened next?

Focus on witness, not lawyerFocus on witness, not lawyer Usually chronologicalUsually chronological Tie in with other witnesses, the themeTie in with other witnesses, the theme

Cross ExaminationCross Examination

Focus is on the lawyer, not witnessFocus is on the lawyer, not witness• Leading questions preferredLeading questions preferred• Keep the witness from talkingKeep the witness from talking

Establish 2 or 3 key pointsEstablish 2 or 3 key points Do not merely repeat direct examDo not merely repeat direct exam Create reason for court to discount direct Create reason for court to discount direct

testimonytestimony Hit it and quit it! Keep it short.Hit it and quit it! Keep it short.

Closing ArgumentClosing Argument

Review facts presented at trialReview facts presented at trial• Use actual quotes of witnessesUse actual quotes of witnesses

Persuade the judge that you are rightPersuade the judge that you are right• Your facts are the “truth”Your facts are the “truth”• You view of the law is “justice” You view of the law is “justice”

Strong and sincereStrong and sincere• No notesNo notes• Remember the theme!Remember the theme!

The Role of the WitnessThe Role of the Witness

Talk to the judge, not the lawyerTalk to the judge, not the lawyer Know Know everythingeverything in your affidavit in your affidavit Do not invent factsDo not invent facts Stay in role at all timesStay in role at all times Understand case theory and how your Understand case theory and how your

testimony helps your sidetestimony helps your side

When and why to ObjectWhen and why to Object

Objections are based on the Rules of Objections are based on the Rules of EvidenceEvidence

Only object if testimony will hurt your caseOnly object if testimony will hurt your case Question and answer will be “in evidence” Question and answer will be “in evidence”

unless you objectunless you object Object in order to keep it out of the recordObject in order to keep it out of the record If testimony is already in, move to strikeIf testimony is already in, move to strike

How to ObjectHow to Object

Timely objectionsTimely objections• Object to the question before the answerObject to the question before the answer• Object to the answer before the next questionObject to the answer before the next question• Object to the document when used or offeredObject to the document when used or offered

Rise and say, “Objection”Rise and say, “Objection”• State grounds brieflyState grounds briefly• Be prepared to argueBe prepared to argue

Accept court’s ruling gracefully Accept court’s ruling gracefully

Introducing DocumentsIntroducing Documents

Show to opposing counselShow to opposing counsel Mark for identificationMark for identification Show to witnessShow to witness ““Do you recognize?”Do you recognize?” ““What is it”What is it” ““Your honor, I offer into evidence Your honor, I offer into evidence

as Exhibit #1 the [document]as Exhibit #1 the [document] Defend over objectionDefend over objection

Introducing Documents IIIntroducing Documents II

ARBPHUARBPHU• AAuthentic: It is what it appears to beuthentic: It is what it appears to be• RRelevant: Makes some fact needed to prove elevant: Makes some fact needed to prove

our case more likely to be trueour case more likely to be true• BBest evidence: [not a Mock Trial rule]est evidence: [not a Mock Trial rule]BUT NOT:BUT NOT:• PPrivilege [Not a Mock trial rule]rivilege [Not a Mock trial rule]• HHearsay: Important rule to learn and masterearsay: Important rule to learn and master• UUnduly prejudicial: e.g., Gory picturesnduly prejudicial: e.g., Gory pictures

Confidence in the courtroomConfidence in the courtroom

Stand tallStand tall Loud clear voiceLoud clear voice Walk smooth and slowWalk smooth and slow Dress for successDress for success

– Clean, neat, Clean, neat, conservativeconservative

Clean table: no clutterClean table: no clutter

Mechanics of CompetitionMechanics of Competition

Performances are Performances are scored 1 to 10scored 1 to 10• Discretionary pointsDiscretionary points

Team with the higher Team with the higher score winsscore wins• Outcome of the “merits” Outcome of the “merits”

irrelevantirrelevant 3 Trials Guaranteed3 Trials Guaranteed After that, win or go After that, win or go

home.home.

Our (Our (FF))ilosophyilosophy

Play Play FFairair– Obey letter and spirit of Obey letter and spirit of

rulesrules– Lose Lose andand Win gracefully Win gracefully

Have Have FFunun

And And FFinally…inally…– If you think you can, or If you think you can, or

you think you can’t, you think you can’t, either way– you’re right.either way– you’re right.