Stand Up and Argue: Getting Started in High School Mock Trial

1. Stand Up and Argue:Getting Started in High School Mock Trial A Brief Guide for Secondary Level Teachers By Alyssa Tormala Head Coach and Program Coordinator St. Mary’s Academy Mock Trial Program March 2010

2. What is Mock Trial? Mock Trial is a competitive program that give students a unique opportunity to experience legal argument and courtroom procedures in an interactive and realistic setting. The program uses fictional legal cases based on real events, and rules of evidence and procedure that are directly taken from the Federal Rules of Evidence and Procedure used by attorneys. Students prepare both sides of a legal case against other high school teams in real courtrooms. Students perform all roles in the case, including witnesses, attorneys, clerks and bailiffs. Student attorneys present opening statements and closing arguments, direct and cross examine witnesses, and argue objections. Then they compete against each other at annual Mock Trial competitions. Currently, over 25schools around Oregon participate.

3. Why offer Mock Trial? Mock Trial offers numerous learning opportunities for students, such as: Students learn about the U.S. legal system and the practice of law—how trials work, who carries the burden of proof in a case, how evidence and witnesses are used, etc. Students learn and practice widely-applicable skills—quick thinking, logical argument, public speaking, poise, leadership, and teamwork. Students learn social skills, such as the ability to work with a variety of personalities and abilities, the ability to respond to authority, and professional behavior.

4. How long does it run? Mock Trial season runs from early October through mid-March each year: CLP releases a practice case in early October of each year, and organizes a practice competition (called “mini-Mock”) in early December. Registration for the competition case begins in October, and CLP releases the competition case to registrants in mid-November. Regional competitions (there are currently 7 regions in the state) take place on the last weekend in February or first weekend in March each year. The top teams from each region advance to the State Competition, held in mid-March of each year. The team that wins State may advance to the National Competition, which takes place in early May at a location that changes each year.

5. Who do I call for information? The program is run by the Classroom Law Project (CLP), a non-profit organization sponsored by the Oregon State Bar. CLP also runs other programs designed to teach students about law and government. WEBSITE: www.classroomlaw.org CLP provides the case materials and rules and organizes the Regional Competitions (late February or early March of each year) and the State Competition (mid-March of each year.) Each high school is allowed two teams of between 8 and 18 students for the competition. How the school sets up its program, however, is up to each school.

6. How do I start a program? Step 1: Determine student interest. Talk to students who enjoy Social Science, Speech and Debate, and Theater. These are often the students who are most likely to join mock trial. Check with student clubs, if any, that focus on similar topics. Hold an information-gathering meeting during lunch or after school. Do a school-wide survey, if the administration will allow it.

7. How do I start a program? Step 2: Develop a plan. • Work with relevant administrator(s) to decide: • Whether the program should be co-curricular or offered as a regular class. • Whether it should provide academic credit. • Whether there should be prerequisites. • Whether to require students to pay fees (registration for the competition is currently $200 per team). • Which school policies apply to the program or student participation in it. • What the program’s philosophy/purpose should be. • Find coaches. You will need at least one attorney coach for each team. But the more adults who can help, the better. • NOTE: Attorneys are very busy, so it can sometimes be hard to find attorney coaches willing to spend as much time as you will need. Good groups to check are parent pools, the school’s alumni program, faculty who may know attorneys, etc. • Decide on a practice schedule if the program will be co-curricular.

8. How do I start a program? Step 3: Advertise!!! Hold an informational meeting for students who would like to join. Put ads in the school newspaper, the parent newsletter, the alumni newsletter, etc. Post announcements in appropriate places in the school. Recruit teachers to advertise for you in their classes, or identify students they think would be interested.

9. How do I start a program? Step 3: Get started! • Get the important dates and materials from CLP, and attend any free trainings they offer for new coaches. • Decide on a practice schedule (if co-curricular) • Students will need to meet at least twice per week, if not more often, to learn the material in the time provided. • Create a plan for the season. • Note: The competition case is usually released 2-3 weeks before the mini-Mock practice competition. You will have to decide whether to give it to the students at that point, or wait until after mini-Mock to avoid confusion. • Create and send a letter home to parents about the program, important dates, practice schedule, etc. • Start practices!

10. Sample Season Plan Outline Pre-Season (mini-Mock) Oct. 1- Dec. 1 Regular Season Nov. 15 – February 27 • October – Training and practice on rules of evidence and procedure • November 1-15 – Learn facts of case and applicable laws; meet with coaches to assign roles • November 15-30 – Practice roles; • ~December 1 – Attend mini-Mock practice competition at Multnomah County Courthouse • November 15 – Holidays – Learn facts and laws of new case; practice rules of evidence and procedure • January 1 – February 1 – Develop theory and strategies for presentation of both sides of legal case; hold team retreat for bonding • February 1 – Assign roles • February 1 – 27 – Practice hard, polish, contact other teams for scrimmages

11. Additional advice? If you want to be competitive, spend lots of time on the following areas: Witnesses—look for excellent acting skills, quick thinking, and character creativity. Objections—excellent knowledge of the rules and ability to argue them are essential. Theory/Theme—judges prefer teams that have clear, creative, and clever themes for each side of the case Opening and Closing—great ones develop the facts based on the theme. A team’s closing can win or lose the case, all other things being equal.

12. Final Thoughts? The best part about mock trial is the affect it has on the students. Few other activities test students so intensely, yet allow them to reap such high rewards. I have repeatedly seen shy students bloom, nervous students shine, and quiet students lead. It is one of the most exhausting yet exhilarating things you will ever do as a teacher or coach. And so worth it.

13. Background Information About the SMA Mock Trial Program SMA created its Mock Trial program in 2000. It has always been a co-curricular activity at SMA, but in 2004, SMA began offering students one semester of social science elective credit for participation. Since 2006, at least one of SMA’s two mock trial teams have advanced to the State Competition every year. In two of the past four years, both SMA teams advanced to State. In three of those years, one or both SMA teams placed in the top five at State. About Alyssa Tormala Alyssa Tormala has been a coach with the SMA Mock Trial Program since 2001, when she began volunteering as one of SMA’s attorney coaches. In the fall of 2007, she left the practice of law and joined SMA as an instructor in the Social Science and English departments. At that point she became SMA’s coordinator for its Mock Trial Program, although she continued to coach the teams as well.