MBA Mock Trial Program

Mock Trial Basics

Presentation by
Jim and Josh McGuire
Permission granted for any education use in
connection with MBA Mock Trial Program
November 18, 2002

What is a Mock Trial?

Trial before a real judge (or lawyer)

Held in real courtroom (State Court)
Examination of witnesses
Introduce evidence and argue objections
Facts are fiction; case law is real

Mock Trial Parts

Opening statements
Direct examinations
Cross examinations
Closing arguments
Witness roles

The Mock Trial Team

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

Each side has:

Lawyers: 3 - 6
Witnesses: 3

Students can be on
both sides

Team Preparation

Develop the Theme of the Case

Write parts:

Q&A
Re-write parts

Practice in groups of 2 or 3
Rehearse, review, revise, refine.
Audition for Roles

Mock Trial Techniques

Introducing a document
Making and arguing objections
Understanding hearsay
Use of affidavit to impeach
Expert witness testimony
Confidence in the courtroom

Opening Statements

Brief preview: what the case is about

Introduce yourself and your team
Establish trial theme
Summarize key facts
do not argue the law

Identify witnesses
brief summary of what they will tell the court

Conclusion: the theme revisited

Direct Examinations
Witness tells Story
What happened ?
What happened next?

Focus on witness, not lawyer

Usually chronological
Tie in with other witnesses, the theme

Cross Examination
Focus is on the lawyer, not witness
Leading questions preferred
Keep the witness from talking

Establish 2 or 3 key points

Do not merely repeat direct exam
Create reason for court to discount direct
testimony
Hit it and quit it! Keep it short.

Closing Argument
Review facts presented at trial
Use actual quotes of witnesses

Persuade the judge that you are right

Your facts are the truth
You view of the law is justice

Strong and sincere

No notes
Remember the theme!

The Role of the Witness

Talk to the judge, not the lawyer

Know everything in your affidavit
Do not invent facts
Stay in role at all times
Understand case theory and how your
testimony helps your side

When and why to Object

Objections are based on the Rules of
Evidence
Only object if testimony will hurt your case
Question and answer will be in evidence
unless you object
Object in order to keep it out of the record
If testimony is already in, move to strike

How to Object
Timely objections
Object to the question before the answer
Object to the answer before the next question
Object to the document when used or offered

Rise and say, Objection

State grounds briefly
Be prepared to argue

Accept courts ruling gracefully

Introducing Documents
Show to opposing counsel
Mark for identification
Show to witness
Do you recognize?
What is it
Your honor, I offer into evidence
as Exhibit #1 the [document]
Defend over objection

Introducing Documents II
ARBPHU
Authentic: It is what it appears to be
Relevant: Makes some fact needed to prove
our case more likely to be true
Best evidence: [not a Mock Trial rule]
BUT NOT:
Privilege [Not a Mock trial rule]
Hearsay: Important rule to learn and master
Unduly prejudicial: e.g., Gory pictures

Confidence in the courtroom

Stand tall
Loud clear voice
Walk smooth and slow
Dress for success
Clean, neat,
conservative

Clean table: no clutter

Mechanics of Competition
Performances are
scored 1 to 10
Discretionary points

Team with the higher

score wins
Outcome of the merits
irrelevant

3 Trials Guaranteed
After that, win or go
home.

Our (F)ilosophy
Play Fair
Obey letter and spirit of
rules
Lose and Win gracefully

Have Fun
And Finally
If you think you can, or
you think you cant,
either way youre right.