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Mock Trial. Preparation guide. Rules of professional conduct. Law Society of Upper Canada- follow or risk a suspension of their right to practice law Lawyers must treat each other and the court with “candour, courtesy, fairness and respect” Courtroom decorum
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Mock Trial Preparation guide
Rules of professional conduct • Law Society of Upper Canada- follow or risk a suspension of their right to practice law • Lawyers must treat each other and the court with “candour, courtesy, fairness and respect” • Courtroom decorum • See page 2/14 Examples of Courtesy by Lawyers • Courtroom Introductions
Rules for Witnesses • Witnesses are not allowed in a real courtroom nor in this courtroom to bring or use notes • Police Officers are the only witness allowed to use notes, if they ask permission to do so. Notes must be introduced as evidence • Facts in the witness sheet are not to be disputed…however facts not able to be answered from the sheet can be invented if they do not deviate from the essence of the case
Familiarity with the Case • Credibility of witnesses is crucial- students acting as witnesses need to very much so ‘get into’ their role • Think like the person might think and act- mannerisms • Lawyers must prep the witnesses- lack of preparation will result in a poor case • Opening Statements • Closing Statements • Adaptability
Trial Script • 1. Judge calls order (all students rise- including Jury) • 2. Crown identifies themselves- defence follows • 3. Judge reads indictment and the accused pleads (not guilty) • 4. Crown Opening Statement • 5. Crown Chief Examination of 1st Witness • 6. Defence cross Examination of Crown 1st Witness • 7. Crown Chief Examination of 2nd Witness • 8. Defence cross Examination of Crown 2nd Witness • 8a. Re-examination if requested
Trial script 9. Defence opening statement 10. Defence Chief Examination of 1st Witness 11. Crown cross Examination of 1st Witness 12. Defence Chief Examination of 2nd Witness 13. Crown Cross Examination of 2nd Witness 14. Re-examination if requested
Trial script 15. Defence provides Closing Argument 16. Crown provides Closing Argument 17. Judge gives charge to the jury 18. Jury is directed to leave- all rise 19. Jury returns with verdict 20. Judge reads verdict, returns to Foreperson, Jury reads verdict 21. Case is concluded
Rules of evidence- objections • Objection will result in sustained (agree) or overruled (disagree) • Page 5/14) Reasons for objecting: Leading Questions Hearsay Irrelevant Opinions and Conclusions Non-responsive witness
Rules of evidence- exhibits • Announce you have an item you wish to show the witness • Seek the permission of the bench to approach the witness • Introduce the item to the witness and ask for identification and explanation