MBA Mock Trial ProgramMock Trial BasicsPresentation by Jim and Josh McGuirePermission granted for any education use in connection with MBA Mock Trial ProgramNovember 18, 2002

What is a Mock Trial?Trial before a real judge (or lawyer)Held in real courtroom (State Court)Examination of witnessesIntroduce evidence and argue objectionsFacts are fiction; case law is real

Mock Trial PartsOpening statementsDirect examinationsCross examinationsClosing argumentsWitness roles

The Mock Trial TeamPrepare both sides: Plaintiff v. Defense (Prosecution v. Defendant)Each side has:Lawyers: 3 - 6Witnesses: 3Students can be on both sides

Team PreparationDevelop the Theme of the CaseWrite parts:Q & ARe-write partsPractice in groups of 2 or 3Rehearse, review, revise, refine.Audition for Roles

Mock Trial TechniquesIntroducing a documentMaking and arguing objectionsUnderstanding hearsayUse of affidavit to impeachExpert witness testimonyConfidence in the courtroom

Opening StatementsBrief preview: what the case is aboutIntroduce yourself and your teamEstablish trial themeSummarize key factsdo not argue the lawIdentify witnessesbrief summary of what they will tell the courtConclusion: the theme revisited

Direct ExaminationsWitness tells StoryWhat happened ?What happened next?Focus on witness, not lawyerUsually chronologicalTie in with other witnesses, the theme

Cross ExaminationFocus is on the lawyer, not witnessLeading questions preferredKeep the witness from talkingEstablish 2 or 3 key pointsDo not merely repeat direct examCreate reason for court to discount direct testimonyHit it and quit it! Keep it short.

Closing ArgumentReview facts presented at trialUse actual quotes of witnessesPersuade the judge that you are rightYour facts are the truthYou view of the law is justice Strong and sincereNo notesRemember the theme!

The Role of the WitnessTalk to the judge, not the lawyerKnow everything in your affidavitDo not invent factsStay in role at all timesUnderstand case theory and how your testimony helps your side

When and why to ObjectObjections are based on the Rules of EvidenceOnly object if testimony will hurt your caseQuestion and answer will be in evidence unless you objectObject in order to keep it out of the recordIf testimony is already in, move to strike

How to ObjectTimely objectionsObject to the question before the answerObject to the answer before the next questionObject to the document when used or offeredRise and say, ObjectionState grounds brieflyBe prepared to argueAccept courts ruling gracefully

Introducing DocumentsShow to opposing counselMark for identificationShow to witnessDo you recognize?What is itYour honor, I offer into evidence as Exhibit #1 the [document]Defend over objection

Introducing Documents IIARBPHUAuthentic: It is what it appears to beRelevant: Makes some fact needed to prove our case more likely to be trueBest evidence: [not a Mock Trial rule]BUT NOT:Privilege [Not a Mock trial rule]Hearsay: Important rule to learn and masterUnduly prejudicial: e.g., Gory pictures

Confidence in the courtroomStand tallLoud clear voiceWalk smooth and slowDress for successClean, neat, conservativeClean table: no clutter

Mechanics of CompetitionPerformances are scored 1 to 10Discretionary pointsTeam with the higher score winsOutcome of the merits irrelevant3 Trials GuaranteedAfter that, win or go home.

Our (F)ilosophyPlay FairObey letter and spirit of rulesLose and Win gracefullyHave FunAnd FinallyIf you think you can, or you think you cant, either way youre right.

***AuthenticRelevantBUT NOTPrivilegedHearsay orUnduly Prejudical******