Wednesday, November 13, 2013

A Few Important Details


Objections-do not ever argue by facing opposing council. Talk to the judge instead.

Do not thank the court for over-ruling or sustaining an objection.


November 20, 2013 -- Closing Argument

The Closing Argument

KEY POINTS
HIGH DRAMA
EYE CONTACT
MEMORIZED 
ARGUE ONLY WHAT ACTUALLY HAPPENED IN COURT
FOCUS ON HOW TESTIMONY AND EVIDENCE MET CASE LAW
INTENSE AND PASSION


THE CLOSING ARGUMENT 
  • THE PLAINTIFF/PROSECUTION DOES ITS CLOSING ARGUMENT FIRST. THE DEFENSE PRESENTS ITS CLOSING ARGUMENT AFTER THE PROSECUTION. THE PLAINTIFF/PROSECUTION GETS A REBUTTAL LIMITED TO THE SCOPE OF THE DEFENSE CLOSING.
  • THE ATTORNEY SHOULD BE INTENSE AND ARGUE FACTS THAT CAME INTO EVIDENCE. BE CAREFUL TO LEAVE OUT FACTS ONE THOUGHT MIGHT COME IN AND DID NOT.
  • THE GOAL IS CONNECT EVERYTHING TOGETHER WITH PASSION AND CLARITY
  • MAKE SURE THE ATTORNEY DISCUSSES HOW THE ELEMENTS OF THE LAW WERE PROVEN OR WERE NOT PROVEN IF YOU ARE THE DEFENSE.
  • CITE THE CASE LAW ASSOCIATED WITH THE CASE. YOU MAY NOT USE CASE LAW THAT WAS NOT INCLUDED IN THE MOCK TRIAL PACKET.
  • USE STRONG LANGUAGE. BE CONVINCING. THE EVIDENCE PROVED....NOT WE "THINK", OR WE "HOPE". IF YOU DON'T BELIEVE YOUR CASE, THEN WHY SHOULD THE JUDGES OR JURY?
  • PLAINTIFF/PROSECUTION FOCUSES ON ALL THE ELEMENTS OF STRENGTH IN THEIR CASE AND THE WEAK POINTS OF THE DEFENSE. BE SURE TO STATE THAT YOU MET YOUR BURDEN OF PROOF. GO THROUGH EACH AND EVERY ELEMENT/LAW YOU NEEDED TO PROVE.
  • REMEMBER IF THE JUDGES OR JURY WALK AWAY WONDERING WHETHER THE CLIENT IS RESPONSIBLE OR IF THE DEFENDANT COMMITTED THE ACT, THE PLAINTIFF OR PROSECUTION DID NOT PROVE THE CASE.
  • THE DEFENSE SHOULD FOCUS ON ALL THE HOLES IN THE PLAINTIFF/PROSECUTION CASE.  FOCUS ON ALL THE DOUBTS AND MAKE A BIG DEAL ABOUT WHAT A LARGE BURDEN THE PLAINTIFF/PROSECUTION HAS TO MEET TO WIN.
  • THE DEFENSE SHOULD ARGUE WHAT THE PLAINTIFF/PROSECUTION FAILED TO PROVE
  • THE DEFENSE IN A CRIMINAL CASE SHOULD REMIND THE COURT THAT AN INDICTMENT IS NOT A CONVICTION AND A PERSON IS INNOCENT UNTIL PROVEN GUILTY.
  • BE STRONG. BE CONVINCING. BELIEVE IN YOUR POSITION.   


I'm saving this link of a whole mock trial:
2:05 Defense
2:12:20 Prosecution  - 2:19 including an objection                                                                       

November 13, 2013

Red Team is working on Prosecution.
Green Team is working on Defense.



Wednesday, November 6, 2013

November 6, 2013: Cross




54:05 






WHAT MAKES A CROSS EXAMINATION GOOD? 
  • THE ATTORNEY SHOULD ONLY ASK LEADING QUESTIONS. QUESTIONS THAT PUT WORDS IN THE WITNESS MOUTH AND CAN ONLY BE ANSWERED "YES" OR "NO". 

  • USE THE WITNESS STATEMENT AGAINST THE WITNESS BY USING THEIR EXACT WORDS AGAINST THEM. DO NOT ALLOW THE WITNESS TO CHANGE WORDS OR ADD INFORMATION. OTHERWISE, IMPEACH THEM OR USE THEIR STATEMENT AGAINST THEM BY ASKING THEM TO SHOW YOU WHERE IN THE STATEMENT IT SAYS THE INCONSISTENT STATEMENT OR MADE UP INFORMATION.

  • MAKE SURE ALL ATTORNEYS ARE VERY CLEAR ON HOW TO IMPEACH WITNESSES CORRECTLY. 

  • PRACTICE IT OVER AND OVER AGAIN. MAKE SURE TO HAVE CLEAN WITNESS STATEMENTS WITH THE ATTORNEY AS HE/SHE WALKS UP TO IMPEACH THE WITNESS. CHECK THE HANDBOOK FROM UTAH LAW-RELATED EDUCATION OR HAVE YOUR ATTORNEY COACH HELP YOU WITH THIS SO YOU TEACH PROPER PROCEDURE. 

  • CONTROL THE WITNESS IN A STRONG, YET POLITE WAY. THINK ABOUT WHICH STUDENT-ATTORNEY YOU WILL USE FOR EACH WITNESS. FOR EXAMPLE, DO YOU WANT A STUDENT WHO IS VERY STRONG AND MORE AGGRESSIVE CROSSING A WITNESS PLAYING THE ROLE OF A MOTHER WHO MIGHT BE CRYING BECAUSE SHE LOST A CHILD? MAYBE THAT STUDENT-ATTORNEY SHOULD CROSS A POLICE OFFICER OR THE EXPERT WITNESS? THINK IT THROUGH.

  • THE GOAL OF CROSS EXAMINATION IS TO DISCREDIT THE WITNESS TESTIMONY. DO THIS BY SHOWING BIAS, LYING, INABILITY TO SEE THE SITUATION, ETC. AS I TAUGHT MY STUDENTS, MAKE THE WITNESS 'WILT' ON THE STAND. "STAB THEM" WITH YOUR WORDS OR BY USING THEIR OWN WORDS AGAINST THEM AND LEAVE THEM "BLEEDING" OR "WILTING" ON THE STAND. 

  • BE CAREFUL THOUGH SO YOU DON'T OFFEND THE JUDGES/JURY BECAUSE THE ATTORNEY LOOKS LIKE A "BULLY". TEACH THAT AN ATTORNEY CAN GO FAR WITH POLITE, YET SHARP QUESTIONS AND DIRECTING THE WITNESS TO BACK TO THE QUESTION ASKED.

  • THE GOAL IS TO POKE HOLES IN THEIR STORY AND CREATE DOUBT.
  • TO DO THIS:
    • KNOW THE WITNESS STATEMENT INSIDE AND OUT. 
    • KEEP YOUR SENTENCES SHORT AND NOT COMPOUND.
    • HIT YOUR MAIN POINTS AND SIT DOWN. THINK ABOUT WHAT THE WEAK POINTS ARE FOR THIS WITNESS AND FOCUS ON THOSE. DO NOT REVIEW ALL THE GOOD POINTS THE WITNESS MADE IN DIRECT EXAMINATION.
    • PUT YOUR QUESTIONS IN SETS/CHAPTERS THAT SHOW OFF YOUR POINTS. THE ATTORNEY DOES NOT HAVE TO ASK QUESTIONS SEQUENTIALLY.
    •  DO NOT ASK A QUESTIONS YOU DO NOT KNOW THE ANSWER TO AND WOULD ALLOW THE WITNESS TO WIGGLE OUT.
    • REFRAIN FROM ASKING THAT ONE TOO MANY QUESTION THAT CALLS FOR A CONCLUSION. EXAMPLE:  THE ATTORNEY GETS THE WITNESS TO ADMIT SHE DID NOT HAVE HER GLASSES ON, THAT IT WAS RAINING, THAT THERE WERE NO LIGHTS, THAT SHE ONLY SAW A FIGURE AND COULD NOT TELL WHETHER THE DRIVER WAS MALE OR FEMALE....THE THEN ATTORNEY SAYS THE ONE QUESTION TOO MANY...SO, YOU COULD NOT REALLY SEE WHAT WAS GOING ON!!  WHAT SO....OF COURSE THE WITNESS IS GOING TO SAY, "YES" I COULD SEE...I SAW.....AND THEY GO THROUGH EVERYTHING THEY COULD SEE. SO...OR CONCLUSIONS ARE FOR CLOSING.
    • NEVER EVER ASK AN OPEN ENDED QUESTION BECAUSE A GOOD WITNESS WILL JUMP AT THE OPPORTUNITY AND HIGHLIGHT ALL THEIR POSITIVE POINTS.
    • IF THE ATTORNEY HAS DONE HIS OR HER JOB, THE WITNESS SHOULD SEEM LESS CREDIBLE BY THE TIME THE ATTORNEY WALKS BACK TO THE TABLE.
    • REMEMBER,THE ATTORNEY DOING THE CROSS EXAMINATION SHOULD BE THE STAR. THE ATTORNEY WANTS THE JUDGE OR JURY TO BE LOOKING AT HIM OR HER AND TOTALLY LOSE FOCUS ON THE WITNESS. THE ATTORNEY SHOULD MAKE HIS/HER CASE WITH PASSION, YET STILL WITH MANNERS AND RESPECT. OTHERWISE, JUDGES OR JURIES CAN BE OFFENDED.








Teams



Green
Red
Purple
Orange
Darci R.
Abby
Jenna
Eric
Aaron S
Alyssa
Sydney P
Kylie
Abby P.
Nathan C
Dakota
Paul
Tommy

One too many
Alina
Katie
Dayna
Savanna
Sabrina





Wednesday, October 23, 2013

Opening Statement




Example of a Mock Trial Opening Statement:
http://www.youtube.com/watch?v=1s0WpKURSV8

This is from Diana Pugh's Mock Trial Site

OPENING STATEMENT

  • INTRODUCE THE ENTIRE TEAM BEFORE BEGINNING. TEACH YOUR TEAM TO STAND AND REMAIN STANDING AS EACH TEAM MEMBER PRESENTS HIMSELF OR HERSELF. FIRST IMPRESSIONS MATTER!
  • PLAINTIFF/PROSECUTION PRESENTS THEIR OPENING  FIRST. DEFENSE PRESENTS OPENING SECOND OR AFTER THE PLAINTIFF/PROSECUTION RESTS.
  • THE OPENING IS CRITICAL. IT SETS A TONE FOR YOUR TEAM. YOU WANT TO CHOOSE ONE OF YOUR STRONGEST TEAM MEMBERS. SOMEONE WITH COURAGE AND CONFIDENCE. I MAKE THIS PERSON THE SPOKESPERSON FOR THE TEAM WHEN ANY QUESTIONS OR CONCERNS ARISE.  
  • GOAL IS TO MAP OUT YOUR CASE IN A STORY
  • TELL A STORY FROM YOUR PERSPECTIVE
    • DO NOT ARGUE!
    • EXPLAIN WHAT HAPPENED IN A STORY FORM IN A WAY THAT IS EASY TO FOLLOW AND INTERESTING 
    • USE FUTURE TENSE. "THE EVIDENCE WILL SHOW..."
    • USE STRONG POWERFUL LANGUAGE. "WE WILL PROVE...." VS. "WE WILL TRY TO...."
    • TELL WHAT WITNESSES AND EVIDENCE YOU WILL USE TO PROVE YOUR STORY.
    • STATE THAT YOU WILL MEET YOUR BURDEN OF PROOF IF YOU ARE THE PLAINTIFF/PROSECUTION.
    • IF YOU ARE THE DEFENSE, MAKE A BIG ISSUE THAT AN INDICTMENT OR ACCUSATION DOES NOT MEAN A PERSON IS GUILTY. 
    • IN A CRIMINAL CASE, THE DEFENDANT IS INNOCENT UNTIL PROVEN GUILTY BEYOND A REASONABLE DOUBT.
    • DEFENSE SHOULD MAKE A BIG ISSUE ABOUT THE BIG BURDEN THE PROSECUTION HAS IN A CRIMINAL CASE.
    • IN A CIVIL CASE, THE DEFENSE SHOULD REMIND THE COURT THAT THE PLAINTIFF HAS THE BURDEN OF PROOF AND MUST TIP THE SCALES OF JUSTICE IN THEIR FAVOR. 
 WHAT MAKES AN OPENING STATEMENT GOOD?
KEY IDEAS
GOOD STORY
GIVE THE JUDGE/JURY A ROADMAP
LOGICAL ORDER
EYE CONTACT
MEMORIZED
   AUTHENTIC   
REMEMBER
PAINT A PICTURE FOR THE JUDGES
KEEP IT SIMPLE
DO NOT OVERSTATE YOUR CASE

Examples of Opening Statements:
OpeningStatementDefense.doc 
ProsecutionOpeningStatement.doc 



The case we are currently using:


_______________________________________________________________

Wednesday, October 9, 2013

October 9, 2013


We started studying a case from the Mock Trial Program (2004).
Students divided into two teams to prepare and to later compete with each other.

The Case
We still need more students to come to Mock Trial!


Vocabulary:  Burden of Proof

Is the burden of proof on the prosecution or on the defense?
       Usually it is on the prosecution. 
       What would be an exception where the burden of proof is on the defense?
What is he burden of proof?   How would a judge explain it? 




Tuesday, September 10, 2013

2013-2014 School Year Mock Trial

If you are interested in participating in Mock Trial, see Ms. Dorsey or email her.  Find contact information on our school webpage under Faculty and Staff.

We will hold our first meeting during Cave Time on October 2, 2013.


__________________________________________________________________
Ms. Dorsey's notes to herself:
chart to show the difference between a real trial and a mock trial
cases
October 2

Wednesday, February 13, 2013

Wednesday After School February 13

Make sure you come!   Ms. Bazzelle will be there to help us hone our case!!!

Sunday, February 3, 2013

Mock Trial Meetings

We have only two weeks to prepare our case.

We need to meet Tuesday through Friday after school, as much as you can possibly come, officially Wednesday and Friday during CaveTime, and on Tuesday and Thursday, again during Cavetime Ms. Dorsey will provide a place for you to meet, but will be working with intervention students.
Keep your grades up so you can be there!

Tuesday, February 5,  after school, we need to decide on our story of the alleged incident, and what we need to get out of each witness.

All opening and closing statements and witness questions must be written by this Friday, February 8. 

Witnesses, you should have your statements memorized (know them inside-out) by Friday, February 8.  Remember, you will NOT recite your statement.  Your attorney will prepare you to answer questions based on your statement.  

All:  Study the comments here.  Add to materials on the pages within our wiki for the witness statements.

Wednesday, January 30, 2013

Link to our Wiki


http://cavemocktrial2013.pbworks.com/w/page/63159753/FrontPage

If you don't have your log-in information, pick it up from Ms. Dorsey.

Friday, January 25, 2013

Marking Your Handbook







Marking Your Mock Trial Handbook
These are things out of the handbook that you need to understand.
Attorneys
pages 12 and 15  Steps of the trial
Page 17-28  Rules of Evidence
Pages 36-38 Guidelines

Witnesses
Page 37 #3
Page 38 #5
Bailiff
page 39-40
time sheet in the back of the packet


All
pages 3-4, #2
page 4, #3 and #5  (Rules of Mock Trial)
Page 6 (Order and Time of a Trial)
Page 46
Last two pages of the packet (qualities and activities the judges evaluate you on)


Wednesday, January 9, 2013

Important Notice: Friday, too!

Important notice:   Next week we will begin meeting also on Friday's during cave time.

No Cave Time Again! Your Homework

We need to be preparing, and cave time was cancelled again today, so here's some homework:
You could pick up a copy from me or on Edmodo, too.
PDF:  Elementary_Mock_Trial-State_v_Gold-E-Locks.pdf
This is NOT the case we will be preparing, but is a prepared script of a "fun" case.  Read through it, watching for the 
 *  Opening statements by both attorneys: What sorts of things do they say to start building their cases? 
*  Swearing in of witnesses:  In mock trial the bailiff swears in witnesses, and they raise their hands, not their paws. : )  
*  Direct examination:  How are questions asked during a direct examination different from questions asked during a cross examination?  
*  Cross Examination:  How are questions asked during a direct examination different from questions asked during a cross examination?  
*  Objections:  What sorts of objections do the attorneys make during this trial? 
*  Closing Argument:  No closing arguments are given here,  but if you would like to be an attorney on our case, write a closing argument for either the defense or the prosecution on this case. 

Wednesday, January 2, 2013

Tentative, but pretty sure, Competition Dates and Times



D 2/19 1:00 Orem
X Lakeridge A
P 3/8 9:00 Orem
X Springville