Mock TrialParts with Explanations

The opening statement of a mock trial is your only chance to make a good first impression. During opening statements, lawyers for both sides have their chance to introduce themselves, their clients and their cases to the judge and jury. This part of the trial sets the scene for the rest of the case and is your first chance to get the judge or jury on your side.

What is the opening?

1. Introduce yourself. Make sure the judge and jury know your name. Also introduce your client and any other counsel on your side.

2. Tell your story. Let the judge and jury know why you are there. Give a brief rundown of your argument and what you plan to prove. As you speak, maintain open, positive body language, and smile where appropriate.

3. Begin the bonding process. Make ties with the jury. Look each member in the eye and try to identify with him. The judge and jury need to feel comfortable with you to believe what you say over the course of the trial.

4. Present an overview of any witnesses and evidence you will present during the case.

5. Be honest and up front. Admit negative facts about your client that are likely to come out during the trial, and tell the jury why they should look past that. Negative facts always sound better when you bring them to light yourself.

6. Tell the jury what you want its verdict to be. Be sure to sound confident and sincere.

Steps to an Opening

3 minutes in length Summarize what the court will be hearing today. You are the thesis. You have to tell your audience

what the trial is about, why we are here today, and what your group will prove by the end.

You should be powerful and persuasive in your speaking!

You can use a notecard during the mock trial.

Requirements for the Opening

Sample Closing Statement “Your Honour, members of the jury, today I am representing _____________________ in this case and have intended to prove (charge or defense) _________________________________________.

Let me remind you of the key facts of this case presented in court today: -restate the major issue, impact, effects and perspective of the topic-restate main arguments

Today you have also heard from my witness, __________________ which I believe has left no doubt in your mind of the _________________(guilt / innocence) of the defendant. --highlight all the major evidence used to prove arguments as well as witness testimony-restate the major challenges to oppositions arguments / evidence

Please find the defendant, _________________________________ (guilty / not guilty). -end with a quote / statistic or powerful statement

What is the closing?

3 minutes in length Summarize what your group has proven during

the trial today. You are the conclusion. You have to wrap up all

the pieces of the trial. The opening, the directs, and the cross-examinations are all important parts to reiterate during your closing.

You have to be persuasive and knowledgeable in your presentation.

You can use a notecard during the trial.

Requirements for the Closing

What is the direct?

Direct examination means that you are calling a witness that you believe has important evidence to help your side. Because you are calling the witness, the witness is considered "friendly" to your side (whether or not your client actually has a friendly relationship with the witness).

When you examine a witness during direct examination, your questions must be open-ended in nature. No leading of the witness is allowed! In other words, your questions should not suggest a specific response. Failure to observe this rule will permit opposing counsel to object to your line of questioning.

Some examples of acceptable direct examination questions are:

"So, what did you do next?" “Did you hear anything?" "What did you see as you were walking down the

street?"

Tips for creating a great Direct Examinations

1. Make Sure Your Witness is Prepared

A witness needs to know his or her mock trial witness character inside and out. When you rehearse, quiz them on all the facts about the character. Understand how and why the characters did and said what they did.

2. Don’t Attempt to Memorize the Direct

Examination

While it is proper to prepare a list of questions or make an outline, you don’t want to entirely script the direct examination. A cross examination that is totally scripted will sound artificial, and will lead your witness to be thrown off.

3. Coordinate with the Attorney that is Doing the

Closing and Opening

It is important that you discuss your direct examination with your classmate that is doing the closing argument. You need to establish certain facts that he or she wants to use during their closing or opening argument.

4. Tell the story

Pretend like your audience has never read the book.

Introduce the characters. Please introduce yourself to the court Why are you here today? What happened on this particular day/time? How did you feel? Why did you feel that way? Tell your character’s story from beginning to

end

Requirements for Direct

Maximum of 5 minutes You must ask questions that show the jury

who your witness is. What is your name? Where are you from? Why are you here today? What happened to you on…?

The jury doesn’t know the story, unless you share the story through your questions.

Who are the witnesses?

The witnesses can be anyone from Parallel Journeys.

The responses from the witnesses must be based on what we know of the individual that is supported by the book.

Who might we consider as a witness in our trial?

What is the Cross-examination? Cross-examination is when the opposing counsel has just

completed a direct examination of one of their own friendly witnesses, and you wish to obtain more details, or possibly discredit what has been said. Because it is understood that the witness is "unfriendly" (not trying to help your side), you are allowed to lead the witness by asking questions that suggest a specific answer. (Often, it is helpful to try to phrase your questions so that the witness only needs to answer "yes" or "no.") However, the questions should deal only with the issues brought up during the direct examination. The goal here is to be able to point out some flaws in the opposing team's construction of arguments and to weaken the credibility of the witness (without intimidation).

Leading Questions (attorney is telling the story)

Yes/ No answers Witnesses should try to say more if the

question is open ended. Have a list of topics that you would like to

ask about, but don’t draft out the order or the exact questions. Let their responses lead you to what reasonably comes next.

Tips for a Great Cross Examination

Requirements for Cross-examination

2 minutes Your goal is to ask questions that stump the witness

and in turn make your opposition look bad. At the end of the cross-examination, you should have

made your side look better because of your questions.

Keep in mind that you cannot attack the opposition or the witness. You have to ask valid questions that show what your opposition is trying to hide.