Mock Trial Team - PowerPoint Presentation

Slide1

Mock Trial Team

Strategies and FormalitiesSlide2

Opening Statements

3 minutes

Objective – Acquaint court with the case and outline what you are going to prove through testimony and admitted evidence.

Short summary of the facts

Mention burden of proof

Mention applicable law

Mention how each witness will contribute to proving your case

No objections may be made during opening statementsSlide3

Direct Examination

6-7

minutes long

Objective – obtain info from favorable witnesses to prove facts of your case, establish witness credibility, present evidence

Use clear and simple questions

Cannot ask leading

questions

Can redirect after cross to quickly correct any problems from crossSlide4

What is a Leading Question?

“Of course, you crossed the street, didn’t you?”

Leading

“Did you cross the street?”

Not leading

“Didn’t you cross the street?”

Depends on tone, inflection and judgeSlide5

Witnesses

There are two types of witnesses at trial

Fact witness

Only permitted to testify about facts he observed and not his opinions

Expert witness

A person who testifies because he has special knowledge in a particular field. This entitles him to testify about his opinion on the meaning of facts.

Doctors, engineers, professors, forensic specialistsSlide6

Direct Examination Strategies

Build up credibility of witness first

No narrative questions

“Tell us everything that happened that day.” (not ok)

“What did you do next?” (this isn’t great, but ok)

Start strong and end strong

Jury likes drama (keeps them awake)

Bring out embarrassing facts to blunt impact on cross examination

Repeat important pointsSlide7

Cross Examination

The opportunity to cross-examine usually occurs as soon as a witness completes his direct testimony.

You attempt to get the witness to say something helpful to your side, or to cast doubt on (impeach) the witness by getting him to admit something that reduces his credibility.

May ask leading questionsSlide8

Cross Examination Strategies

Inherently risky

May not argue with witness

No trick questions

“Yes or no, have you stopped beating your wife?”

Purpose is to discredit witness or direct testimony

Save zinger for the end

Don’t lose control of witnessSlide9

Introducing Evidence

Must be relevant (exhibits or pretrial statements)

Steps to introduce (in order):

Pre-marked for identification

Show exhibit to opposition

Show exhibit to witness; “do you recognize this document which is marked for identification as Exhibit X?...Tell the Court what Exhibit X is.”

Witness describes the exhibit or reads the portion you want him to.

“Your Honor, I offer this document into evidence as Plaintiff/Defendant’s Exhibit X.”Slide10

Objections

Stand and state grounds for objection:

“Objection, Your Honor, relevance.”

“Objection, counsel is leading the witness.”

“Objection, hearsay, Your Honor. The witness cannot testify to what somebody else said.”

Hint to jury as to why the other lawyer is a dope

Overruled

You lose – question must be answered as is

Sustained

You win – question must be reworded or subject changedSlide11

Objections

Leading

–

improper on direct examination

Hearsay

– testimony about what someone else has said to prove that its “meaning” is true.

Exceptions to Hearsay

Former testimony

State of mind

Excited utterance

Admission by party opponent

Statements made in medical diagnosis

Public recordsSlide12

Objections

Expert opinion; Opinions of Witnesses

–

witnesses may not give opinions unless they are experts and qualified as such. Can give “lay” opinions based on common experience of laypersons in community if based on events of which the witness has firsthand knowledge.Slide13

Objections

Lack of Personal Knowledge

– A witness may not testify about any matter of which he has no personal knowledge.Slide14

Objections

Relevance

– Only relevant testimony and evidence may be presented. Relevant evidence is that which tends to make a fact that is important more probable. However, if the relevant evidence is unfairly prejudicial, may confuse the issues or is a waste of time, the court may disallow it.Slide15

Objections

Character Evidence

– character evidence (such as bad temper, etc) is generally not admissible if offered to prove that a witness acted that way on the occasion in question.

Exception of truthful or untruthful character, which is admissible.

Exception of “specific instances of conduct” of a defendant to establish a characteristic pattern of repeated offenses or a “signature” crime.Slide16

Objections

Argumentative Questions

– attorney can’t argue with the witness

Speculation

– Attorney cannot ask the witness to speculate in order to answer the question

Narrative

– “your Honor, the witness is testifying in the narrative.”

Asked and Answered

– the questions has already been askedSlide17

Objections

Non-responsive

– “Objection, Your Honor, the witness’s answer is non-responsive. Would you please direct the witness to answer the question as asked?”

Lack of Foundation

– “Objection. No foundation has been laid to show that this witness is qualified to respond to that question.”Slide18

Closing Statements

4 minutes

Address the jury and review the case. Review should implicate how the evidence has or has not satisfied the elements of the charge or claim, point out the law applicable to the case and ask for a favorable verdict.

Be forceful in your review…”you heard Mr.

Lovell

himself admit that he…”