Direct Examination

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WHAT IS A DIRECT EXAMINATION?

PLAINTIFF/PROSECUTION CALLS WITNESSES THAT SUPPORT THEIR THEORY OF THE CASE*.   IN A UTAH MOCK TRIAL EACH SIDE HAS 3 WITNESSES. ALL THREE WITNESSES MUST BE CALLED. YOU MAY NOT RECALL A WITNESS ONCE HE OR SHE HAS LEFT THE STAND.

AFTER THE PLAINTIFF RESTS THEIR CASE, THE DEFENSE CALLS THE WITNESSES IN THEIR FAVOR. THIS IS THEIR WITNESS.  TOGETHER THE WITNESS AND THE ATTORNEY WHO WILL ASK THIS WITNESS QUESTIONS HAVE CREATED A "SCRIPT" OR QUESTIONS THAT ASSIST WITH THEIR THEORY OF THE CASE*.

Your THEORY OF THE CASE* is what your side is saying happened.   It is a theory, and you are doing all you can to prove it.   

CREATE THESE  direct examination QUESTIONS FROM THE WITNESS STATEMENTS IN YOUR HANDBOOK.
CHOOSE YOUR WITNESSES WISELY. TAKE INTO CONSIDERATION THE PERSONALITY OF YOUR STUDENT AS WELL AS THAT OF THE HYPOTHETICAL WITNESSES. THIS PERSON MUST BE A GOOD ACTOR/ACTRESS, BUT ALSO BE ABLE TO HANDLE TOUGH CROSS EXAMINATION BY THE OPPOSING TEAM.

WHAT MAKES A DIRECT EXAMINATION GOOD?

THE GOAL IS TO TELL A STORY THROUGH THIS WITNESS ABOUT IMPORTANT FACTS REGARDING THE CASE. 

ASK THE WITNESS ONLY OPEN-ENDED QUESTIONS: WHO WHAT, WHERE, WHEN, WHY, HOW?  THE WORDS MUST COME FROM THE WITNESS, OTHERWISE THE OTHER TEAM WILL OBJECT THAT THE ATTORNEY IS LEADING OR PUTTING THE WORDS IN THE WITNESS' MOUTH.  THE ATTORNEY ASKS QUESTIONS AND PUTS THE FOCUS ON THE WITNESS. 

MAKE THE WITNESS SHINE -- LOOK BELIEVABLE AND HONEST. STICK TO THE TRUTH.
THE ATTORNEY SHOULD LAY PROPER FOUNDATION. THIS MEANS ASKING QUESTIONS IN WHAT I CALL "BABY STEPS." ONE IDEA LEADS LOGICALLY AND SEQUENTIALLY FROM ONE IDEA TO THE NEXT.
NOT LAYING PROPER FOUNDATION WILL RAISE OBJECTIONS FROM THE OPPOSING TEAM.

KEEP QUESTIONS SHORT AND TO THE FACTS CONTAINED WITHIN THE WITNESS STATEMENT. AVOID LONG-WINDED NARRATIONS. DO NOT ASK QUESTIONS THAT CALL FOR IMPROPER OPINIONS OR STATE CONCLUSIONS. 

DO NOT INVENT INFORMATION OR FACTS. YOUR STORY WILL BE BROKEN UP BY OBJECTIONS FROM THE OTHER TEAM. YOU MAY ALSO BE PENALIZED BY THE JUDGES FOR GOING OUTSIDE THE SCOPE OF YOUR WITNESS STATEMENT.

FOCUS ON THE 3 OR 4 KEY CONCEPTS AND/OR EVIDENCE YOU NEED FROM THIS WITNESS. GET THOSE IDEAS OUT OF THE WITNESS' MOUTH WITH GOOD FOUNDATION AND OPEN-ENDED FACTUAL QUESTIONS. THEN SIT DOWN.

WHEN ENTERING EVIDENCE SUCH AS A GUN, CONTRACT, ETC, BE SURE TO FOLLOW THE PROPER PROCEDURES OUTLINED IN THE MOCK TRIAL HANDBOOK. PRACTICE!!

REMEMBER, THE ATTORNEY'S ROLE IS TO ASK QUESTIONS AND NOT TESTIFY!
WITNESSES, GET INTO YOUR CHARACTER. BECOME YOU CHARACTER. TAKE THE WORDS IN YOUR STATEMENTS AND MAKE THAT PERSON A "LIVING" PERSON.

http://www.youtube.com/watch?v=1prwkE7mZpI
issues:  objections (leading questions)
             establishing an expert witness

I'm saving this link of a whole mock trial:
http://www.youtube.com/watch?v=brN5x3yHzSk
Began at 46:30  direct examination 
October 30 watched to 51:49

 http://www.youtube.com/watch?v=EJvNJfs_VnA

Real professor's lecture about direct examination:  http://www.youtube.com/watch?v=xhDyphi8070

Thursday, January 21, 2016

Meet our case!  It's a MURDER CASE!

Let's plan to meet after school on Tuesdays and Thursdays -- until 4 pm. from now on until our competitions on February.  We will also continue to meet during Cavetime on Wednesdays and Thursdays.

Here it is!
http://lawrelatededucation.org/images/docs/2016_Mock_Trial_Official_Case.pdf

Other Links

Not-so-great examples:
https://www.youtube.com/watch?v=L6c-5DiWCKs

Much better:

https://www.youtube.com/watch?v=gsvAYY5sW_c

Start this one at about 25:15 to hear the opening statements and beyond.

(You don't need to shout.  They do at the beginning.  )

A Fun Link

http://www.makeyourcasegame.com/

Our Competitions this Year

Date: Saturday, February 27

We are prosecution for the trial scheduled from 8:30 am to 11:30.
Our team needs to be there by 8:00.

We are defense for the trial scheduled from 1:00 pm to 4:00.


Location:
Scott Matheson Courthouse, Link to Directions

Parents: 

Parking is available underneath the courthouse for $2 per hour.* Enter the garage from 400 South; you must be traveling east on 400 South to enter the lot. Parking is $2 per hour, payable by cash or credit card.

*By parking at the courthouse, you agree that your car may be searched.

Covered parking is also available behind the west entrance of the courthouse adjacent to the Wells Fargo bank. This is accessible from 400 South; you must be traveling east on 400 South to enter the parking lot. Parking is $2 per hour, payable by cash or credit card (maximum daily rate is $8).

Parking is also available in an uncovered lot behind the west entrance of the courthouse accessible from 500 South. You must be traveling west on 500 South to enter the lot. Parking is $3 for 1 hour or less, and $1 for each additional hour, payable by cash or credit card (maximum daily rate is $10). The parking fee must be prepaid. You will be ticketed if your receipt is not displayed, or if you have not prepaid enough.

Metered parking is available on streets surrounding the courthouse. Parking is 25¢ for 15 minutes and meters are enforced from 8 a.m. to 6 p.m.

Rules to Take Note Of

 Courtroom Dress and Conduct of Participants
a. No costumes or props for witnesses will be allowed.
b. Judges will not score lower for attire worn, but team members should be aware that appearance creates an impression and should dress accordingly.
c. Remember, no gum chewing, food, drink (water only), or unruly or loud behavior is allowed in courtrooms.