October 13, 2016

We will discuss what Mock Trial is and look at basically how one works.

Handbook PDF, PDF pages 20-25, handbook pages 11-16.
http://www.lawrelatededucation.org/images/docs/Handbook.pdf

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

Last time we watched Opening Statements -- to 28:00. 
Your Assignment from last time:  Learn the order of the proceedings. 

1. Name tags
2. Small treat  -- as usual
• Without packets, do the following: 
3. Courtroom Set-Up
4.  Activity for order of proceedings.
5. Turn in applications if you have them filled out.
6. Examining witnesses
7. Direct of Witness #1 for the prosecution  

We watched small chunks of direct and of cross --  a minute or two for each. 
27:57 - 33:07   
Cross 33:07 - 36:33

_______________________
Timing of Video:

Opening Statements --   20:41 to 28:00. 

Prosecution
Direct of Witness #1 for the prosecution
27:57 - 33:07
Cross 33:07 - 36:33

Direct of Witness #2 for the prosecution
36:36 - 40:11
Cross 40:11 - 43:25

Direct of Witness #3 for the prosecution
43:25 - 47:00
Cross  47:00 - 49:00
Redirect  49:00 - 49:26

Direct of Witness #4 for the prosecution
 49:30  -- 54:30
Cross 54:30 - 55:33
Redirect  55:33 - 56:05

Motion and Objection -- 
56:08 - 56:47 - 56:59

People rest

Defense
Direct of Witness #1 for the Defense
57:35 - 1:02:00
Cross 1:02:00 -1:05:00

Direct of Witness #2 for the Defense
1:05:50 - 1:09:15
Cross 1:09:15 - 1:11:13

Direct of Witness #3 for the Defense
1:11:55 - 1:16:51 
Cross 1:16:51 - 1:20:58


Direct of Witness #4 for the Defense
1:21:31 - 1:24:29
Cross 1:24:40 - 1:27:44
Redirect  1:27:44 - 1:28:16

Closing Argument Prosecution

1:28:36 - 1:33:30

Closing Argument Defense 

1:33:40 -  1:39

Beyond a reasonable doubt

rebuttal Prosecution  1:39- 

Defense can choose to have the last word --rebuttal

Defense - rebuttal 

1:41  Decision

October 2016 Beginning a New Year of Mock Trial

Today students will receive applications and teacher recommendation sheets.

Mock Trial Tchr Rec.doc

AF Junior Team Application.docx

We will discuss what Mock Trial is and look at basically how one works.

Handbook PDF, PDF pages 20-25, handbook pages 11-16.
http://www.lawrelatededucation.org/images/docs/Handbook.pdf

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

Today we watched Opening Statements -- to 28:00.
Assignment:  Learn the order of the proceedings.

Next time:  Activity for order of proceedings.
Name tags
Small treat
Turn in applications if you have them filled out.
Examining witnesses


_______________________
Timing of Video:

Opening Statements --   20:41 to 28:00.

Prosecution
Direct of Witness #1 for the prosecution
27:57 - 33:07
Cross 33:07 - 36:33

Direct of Witness #2 for the prosecution
36:36 - 40:11
Cross 40:11 - 43:25

Direct of Witness #3 for the prosecution
43:25 - 47:00
Cross  47:00 - 49:00
Redirect  49:00 - 49:26

_________________________________??????
Direct of Witness #1 for the defence
49:26 -
54:03 -- request that exhibit ___   be moved into evidence
Cross  54:27 -- 102:02

Closing Argument Prosecution

1:28:36 - 1:33:30

Closing Argument Defense 

1:33:40 -  1:39

Beyond a reasonable doubt

rebuttal Prosecution  1:39- 

Defense can choose to have the last word --rebuttal

Defense - rebuttal 

1:41  Decision

Introducing Physical Evidence

I.  Read through this material

An attorney goes through eight steps in introducing physical evidence in a trial:
Before the trial: 

• Mark the evidence before the trial.  Prosecution/Plaintiff marks Exhibits P-A, P-B, P-C. . . . 
• Defense marks Exhibits D-A, D-B, D-C. . . .
• Give opposing counsel a copy of all premarked exhibits before the trial begins. 
• We also provide copies for the judges -- placed on the bench before the trial

During the trial: 

1. Ask permission to approach the judge to show him the premarked evidence (or permission for the bailiff to do so.) 
2. Show the evidence to the opposing attorney.  (The opposing attorney may at this point make an objection to the offering.)
3. Ask permission to approach the witness. (or to have the bailiff do so)
4. Show the evidence to the witness and ask the witness if he or she can identify it. 
5. Lay foundation by asking the witness a series of questions about the exhibit in preparation for asking the crucial question.
6.  Ask the crucial question.
7. Request admission of the exhibit. 
8. (Opposing counsel may then object.)  Be prepared to explain why the evidence should be accepted.

Example:
1.  Identify exhibit:
"Your Honors, I would like to refer to this hair which has been marked as Defense's Exhibit A."

2. Show Opposing Counsel
3. Ask permission to approach the witness.
4. Show witness:
"Baby Bear, do you recognize this hair which is marked as Defense's Exhibit A?"

5. Lay Foundation:
"You found this hair on your pillow?
This is the same hair your found on your fillow?
Was this hair on your pillow when you left the house to go for a walk?
What color is this hair?  (This exhibit is black.)
What color is Goldilock's hair?
Would you say this hair is straight or curly?  (This exhibit is straight.)
Would you say that Goldilock's hair is straight or curly?
Is this hair long or short?  (This exhibit is short.)
Would you say that Goldilocks hair is long or short?

6. Ask the crucial question:
"This hair does not match the hair on Goldilocks' head, does it?" 
7. Request admission of the exhibit:
  "Your Honor, I offer this hair for admission into evidence as Defense's  Exhibit A and ask the court to so admit it."


Some objects that might be made by opposing counsel include
lack of foundation (so make sure you ask questions that lay a proper foundation)
relevance
lack of personal knowledge

II.  Read the Physical Evidence Hypotheticals and respond to them.
This is the link to the Hypotheticals:

Physical Evidence Hypotheticals

Today -- February 10, 2016

Attorney's work with your witnesses and/or write questions.

See http://cavemocktrial.blogspot.com/2013/10/october-30-2013.html for hints for preparing direct examination,  and
http://cavemocktrial.blogspot.com/2013/11/november-6-2013-cross.html for  hints for preparing cross examination.

Objections

When you make objections, you will be very civil and calm.

Handout:http://cavemocktrial.blogspot.com/2009/03/objections.html


This is the PowerPoint we watched today: 
 Mock Trial Objections.ppt

Direct Examination

• 
  

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