mock trials
DESCRIPTION
Law students would profit from mock trials to understand the mechanics of trial advocacy.TRANSCRIPT
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