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:

•  2004 Mock Trial Case: State of Utah v. Beck Martin

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Objections

PowerPoint:
https://docs.google.com/presentation/d/1fcLNem3BbFR5WrUXDLSd-nOGF1MC0LFhdylD40Xn4TQ/edit#slide=id.p33


The mock trial objections are listed here:  http://cavemocktrial.blogspot.com/2009/03/objections.html

Here are some other sources: 

http://trialadvocacy.law.lsu.edu/files/2010/08/Checklist-of-Objections.pdf

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

•  2004 Mock Trial Case: State of Utah v. Beck Martin

We still need more students to come to Mock Trial!

Vocabulary:  Burden of Proof

http://www.law.cornell.edu/wex/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? 

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.


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

Wednesday After School February 13

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

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.

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.