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Mock Trial Questions

Mock Trial Questions . How can I prepare for the cross?. Read, Read, Read your statement. You will not know what questions they will ask. Don’t give into things you don’t have to. Fight a little. If the atty blocks you in, just answer. Your atty can come back on redirect and “fix it”.

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Mock Trial Questions

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  1. Mock Trial Questions

  2. How can I prepare for the cross? Read, Read, Read your statement. You will not know what questions they will ask. Don’t give into things you don’t have to. Fight a little. If the atty blocks you in, just answer. Your atty can come back on redirect and “fix it”

  3. After a cross, I will as the direct atty if there will be a redirect. If your witness needs to clarify, or had to admit damaging things without explaining, fix this on redirect. • Remember – you can only ask questions that were covered in the cross. • i.e.- Mr. _____, in the cross, when opposing counsel asked you…., you said yes. Could you explain to the Court what you meant by that.

  4. How do you end a cross or direct/ End on the strongest note possible “No further questions at this time Your Honor”

  5. How often can I object? When there is an objection, object. However, don’t become too obnoxious, or the judge might stop ruling in your favor. If you are objecting and I say “sustained” that means I agree with you. If I say “overruled,” I agree with the other side.

  6. How will the mock trial run? • Come dressed and ready to go. No time for changing. • I will say, “Are the prosecution and Defense ready to proceed?” • Choose one person on your team to do the general responses to the judge. • Your attorney from each side will stand and say, “Yes. Your Honor.”

  7. 1. Prosecution gives opening • 2. Defense gives opening • 3. Prosecution calls first witness • 4. Defense crosses first witness • 5. Prosecution – witness #2 • 6. Defense – cross witness #2 • 7. Prosecution – witness #3 • 8. Defense – cross witness #3 • 9. Direct calls first witness **follow same procedure as prosecution

  8. After all witnesses have testified, I will say: “Would the prosecution and the defense like a recess to prepare for closing arguments?” • 1. Prosecution goes first • 2. Defense goes last • **There are no objections during openings and closings. NONE!!

  9. When are our hard copies due? • I need a hard copy (printed off) by Friday 11/18. Rough Draft • I need both questions and responses from direct attorneys and witnesses • Openings and closings – need rough drafts, not just an outline • Crosses, don’t need to worry about responses • If you have any questions, write them at the bottom of your questions

  10. Final drafts with all changes need to be submitted on 11/28. It must be typed

  11. It would be very appropriate to exchange email addresses/share things on google docs I will be in town over Thanksgiving and will be available to respond to emails.If you want feedback, you should be sending me emails.

  12. When is the Mock Trial? • We will start on Tuesday 11/290. Periods 3,5 will finish on Wed. Periods 2,4 will finish on Thursday. • We will practice on Monday. Monday is not a work day. Last day to work together is 11/21. • Final is Wednesday 11/23!! I will be available Thursday, Friday, Monday, Tuesday to assist you in your studies. • Final approx 70 pts. You must finish it during your period. 4th will eat C lunch

  13. How do we pick out most important pieces for directs? 1. What does your witness say that helps your side? Why are they testifying for the defense/prosecution? 2. Pretend the judge has never heard the case – knows nothing about it. You need to paint the picture/tell the story to me.

  14. Experts - -how do I memorize everything? • Make sure the questions break it down, so you have smaller chunks to remember

  15. How will we be graded – criteria? • Great question! You will get your rubric next week

  16. Should there be transitions/flow? Absolutely. Particularly in Directs/openings/closings - “let me now direct your attention to…” Crosses may be a bit more choppy, but you can say, “I’d like to ask you a series of questions regarding the accident.”

  17. C-X – Do I have to just stick to my prepared questions? • NO!! A great c-x atty will ditch some prepared questions for the “real stuff.” • A great c-x atty listens to the direct and uses that information against the witness • “You just stated a couple minutes ago….” • “Let me get this straight. You just said…” • “I’m confused. You stated on direct that….”

  18. Hint for c-x attorneys on impeachment • Put the line # next to every question in case you have to impeach • Will make you look more prepared • Will save a lot of time

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