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Preparing for a Mock Trial

Preparing for a Mock Trial. Direct & Cross Examination. Previously…. Opening Statements How the Grinch Stole Christmas. Review: Parts of a Trial. Opening Statements Presentation of Prosecution Presentation of Defense Closing Arguments Jury Instructions.

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Preparing for a Mock Trial

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  1. Preparing for a Mock Trial Direct & Cross Examination

  2. Previously… • Opening Statements • How the Grinch Stole Christmas

  3. Review: Parts of a Trial • Opening Statements • Presentation of Prosecution • Presentation of Defense • Closing Arguments • Jury Instructions

  4. Review:Opening Statements vs. Closing Arguments Have you heard about Goldilocks?

  5. Direct Examination • Friendly with witness • Give witness a chance to tell their story • Use open-ended questions • Cover who, what, when, where, why, and how • If all else fails, ask: • What happened next? • Then what did you do? • Can you explain…?

  6. Things to Remember… • Preparation is key! • Advance your “theme” from your opening statement. • Use signposts as you go… • Example: “I’d like to talk to you now about when you went to the beach.” • Allows jury to see where you’re going, keeps the witness on track

  7. Example of Direct Examination

  8. Question Order • Questions should build / flow as a conversation (direct) or an explanation (cross) • Want your questions to be organized into sections • Morning, afternoon, evening ... Needs to be logical • One question leads into the next until you reach your big point

  9. Cross Examination • Purpose: highlight weaknesses in the other side’s case, show bias or prejudice in the other party’s witness • Instead of asking the witness a question, you are telling them what to say by using leading questions. • The “ideal” cross examination is a long statement from the attorney where the witness says “yes” after each new question/fact. • Focus on inconsistencies or weaknesses (holes in story) that came out during the direct examination

  10. Things to Remember… • You need to control the witness and to counter the direct examination. • Use leading questions & keep it simple. • Do not ask a question that you do not already know the answer to. • Wait for an answer from the witness or ask the question again until you get a direct answer (don’t let them wiggle their way out).

  11. Example of Cross Examination Legally Blonde 5:16 - 7:31

  12. Closing Argument

  13. The Closing Argument • Work only with the facts established during the trial • Go beyond the facts to get to the conclusion you want • Think in terms of, “so..,” “therefore..,” “however…” • Solidify your theme/theory. • Use the Rule of 3! • Organize your argument into 3 overarching points. • Helps others follow along & remember the story • Put your strongest points first or last.

  14. Mock Trial In your groups…

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