Mock Trial Manual
Mock Trial Manual
MOCK TRIAL
TM
W B:
Marilyn Cover, Executive Director, Classroom Law Project
Susan Marcus, Consultant & Retired Teacher
September 2009
Table of Contents
Reasons To Do A Mock Trial .. . . ..................................................... 1
Objectives .. . . . . . . . . . . . . . . . . . . . . . . . . .................................................... 1
Before the Trial .. . . . . . . . . . . . . . . . . . ..................................................... 2
I. Constitutional principles that are illustrated by mock trial ................. 2
II. Concepts of justice, authority, responsibility ............................... 2
III. What is a trial? What is a mock trial? ...................................... . 2
IV. Courtroom vocabulary .. ..................................................... 3
V. Courtrooms . . . . . . . . . . . . . . . ..................................................... 3
VI. Scripted mock trial for practice ............................................. 3
VII. Select a case .. . . . . . . . . . . ..................................................... 4
VIII. Steps in a trial .. . . . . . . . ..................................................... 4
IX. Preparing students to work together ........................................ 5
X. Adversarial and continental systems ........................................ 5
XI. Overview of the mock trial unit ............................................ 5
XII. Web sites for additional research/support ................................. 5
The Trial .. . . . . . . . . . . . . . . . . . . . . . . . . . ..................................................... 5
XIII. Telling the story of the trial ............................................... 5
XIV. Questions that relate to the trial ........................................... 6
XV. Facts of the case/summary of the case .................................... 6
XVI. Understanding the legal issues of the trial ............................... 6
XVII. Burden of Proof . . . . . . ..................................................... 6
XVIII. Reading the witness statements again and again ...................... 7
XIX. Looking at additional evidence .......................................... 7
XX. Analysis of the witness statements ........................................ 7
XXI. Questioning . . . . . . . . . . . ..................................................... 8
XXII. Rules of evidence and objections ....................................... 9
XXIII. Developing themes for both sides: Case Theory ...................... 10
XXIV. Opening statements ...................................................... 10
XXV. Closing arguments . . . ..................................................... 10
XXVI. Strategies to review the case ........................................... 10
Objectives
1. To promote increased confidence, poise, oral skills, critical thinking skills and
teamwork skills, plus increase proficiency in basic skills such as reading, writing,
speaking, analyzing and reasoning, and interpersonal skills such as listening and
cooperating.
2. To give students a better understanding of the legal system - from the rules of
evidence to proper court decorum. This increases their awareness of the importance of
law in a democratic society and strengthens understanding of their fundamental rights
under the U.S. and Croatian constitutions.
3. Provide a hands-on experience outside (or inside) the classroom from which
students can learn about law, society, and themselves. To offer students an opportunity
to think about how society resolves its disputes and to measure the fairness of those
decisions.
KEY
Handout
Hint
lawyers. They are learning to be thoughtful learners and effective citizens. It may be
helpful to discuss the myths about trials perpetrated by television and film.
Which process to follow? Croatian, U.S. or both? If there is time and energy, doing the
trial in both the Croatian and U.S. versions provides a deeper educational experience
and an opportunity to look at both systems.
IV. Courtroom vocabulary
Taking the time to teach words that are used in trials such as witness statement, opening
statement and closing arguments empowers students. Each trial has technical and
scientific vocabulary that will also need to be defined and understood by students.
#1 Glossary
V. Courtrooms
The formality of the court emphasizes the seriousness of the judicial process and
encourages citizens to have respect for this institution where peoples lives are
changed forever by judicial decisions. Students can demonstrate this respect through
professional attire, appropriate language, courtesy such as rising when the judge enters
and rising whenever the judge speaks to you (Thank you, Your Honor), learning how
to talk to each other and to the adults in the court room and, never arguing with anyone
during a trial. A diagram of how the court is arranged for both the Croatian and U.S.
provide students with a visual idea of how the system works.
Appendix C: Tale of Two Courts (pages 10-24)
Discuss courtroom personnel and their roles: judge, jury etc. This allows students to
understand the role of the individuals who work in a court. Comparisons between HR
and U.S. are informative.
NOTE
The court reporter in the U.S. system takes down every word spoken in the trial
proceedings. In Croatia the judge instructs the court reporter what will be
typed for the official record.
VI. Scripted mock trial for practice
Using a scripted mock trial gives students a kind of walk-through of the way a trial
works so that they are competent and confident when they engage in a mock trial that is
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The Trial
XIII. Telling the story of the trial
An opportunity to warm-up the class. Be brief and engaging, a kind of summary but
no hint as to outcome. Often there is a case summary or a list of stipulated facts at
the beginning of the mock trial which can be used by the teacher to give a short plot
summary with no arguments for either side and no opinions expressed.
Appendix A: Simon v Swift and Eastside High School (see page 1)
XIV. Questions that relate to the trial
What responsibility do schools have for their students? Why? What responsibilities
do parents have for their children? Why? Introductory questions such as these are
designed to create connections with lives of students and to pique interest. Return to the
questions after the witness statements are read to reinforce the themes of the trial.
#8 Introductory questions from Simon v Swift and Eastside High School
XV. Facts of the case/summary of the case
See pages 3-6 of the Simon mock trial materials. These facts are so crucial that they
should be reviewed often. Agreement about the facts of the trial is the starting point
from which preparation begins. This agreement, also known as stipulated facts, forms
the basis to think about facts that are not agreed upon. Sharing basic information from
both sides is also a procedural guarantee. There should be no surprises and no invented
facts. Adherence to the facts presented in the mock trial is crucial to the activity. Even
if we wish to know more, we have to work within the framework of the material that is
presented in the mock trial case.
XVI. Understanding the legal issues of the trial
Complaint/answer, charges or indictment. This is a challenging piece of the learning.
It involves looking carefully at the law in the case so that evidence can be offered
to either prove or disprove the complaint/charges. In Croatia, the formal indictment
describes the legal issues.
#9 Sample Croatian Indictment
XVII. Burden of Proof
See pages 59-60 in Simon mock trial materials. Students need to understand which side
has the major role in proving the complaint or charges and what the opposing side is
required or not required to do. This is tied to the concept of presumption of innocence
in a criminal case and the notion of proving fault in a civil case.
NOTE
In a criminal case, prosecution has the burden of proving beyond a reasonable
doubt that the defendant is guilty.
This is an opportunity to review the law in the case and make sure that students
understand all the parts of the complaint or charge which need to be proved.
#10 Burden of Proof
XVIII. Reading the witness statements again and again
If we were to give only one hint to teachers, this would be it! Students need to learn
the witness statements before they can think about themes or strategies. Rereading the
witness statements before roles are assigned is also very important in understanding the
entire case rather than just their individual roles.
Read the witness statements alternating between P and D so that students
have a chance to hear both sides of the trial and do not get a fixed idea of
what the result should be.
As each witness statement is read, notice important dates to create a
timeline for the entire trial.
#11 Timeline for Simon v Swift and Eastside High School
XIX. Looking at additional evidence
See pages 40-54 in Simon mock trial materials. Using written material such as medical
reports, published rules, maps, graph, posters and records is vital to providing all the
information that is needed for a fair decision. Students will need to think about which
witnesses should refer to these documents.
Introduction of exhibits on page 64. There are specific rules for the way that exhibits
are introduced in a trial. These steps provide an opportunity for both sides to have the
same information and are part of the rules for a fair trial.
XX. Analysis of the witness statements
Often one witness statement will contradict another statement. Thinking about
credibility of these statements is part of the preparation. Reviewing the strengths
and weaknesses of each witness is key. This analysis provides the background for
establishing the themes for each side that will be used during the trial.
Go through witness statements paragraph by paragraph (using line
numbers is also helpful). Highlight important information and summarize
facts for later use in opening and closing.
#12 Sample of a Witness Analysis for Strengths and Weaknesses
Use IMPROV SKITS. This strategy uses the natural dramatic skills of
students to do a very short (no more than one minute) skit based on the
material in the mock trial. If it is helpful, students can read the witness
statements before they do the skits. Here are some examples:
Terry Simon and Jordan Simon: parent comes to the gym to speak to Jordan
about money withdrawn from trust.
Morgan Pearce and Coach Swift: Coach warns Morgan to work hard to
keep scholarship.
Jamie Hagar and Coach Swift: After death of Jordan, they talk about how it
happened.
Jordan Simon talks to himself about his decision to pay for EPO.
XXI. Questioning
See pages 57 and 58, The Direct Examination and Cross Examination in Simon mock
trial materials. These are conventions that are used to ask questions in a trial.
The form of these questions (direct or cross-examination) differs substantially in the
U.S. trial and reflects the roles of the opposing parties in the trial. The role of the direct
examination is to help the witness tell his or her story and the cross examination tests
the credibility of the witness. These different questioning forms should be practiced.
In Croatia, only direct, open-ended questions are used on cross examination (except in
war crimes trials).
#13 Notable Differences Between U.S. and Croatian Legal Systems
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Remind witnesses and their lawyers (when they practice) to include both direct
examination questions and a guess at what they will be asked on cross-examination so
that they will be prepared to deal with adversarial questions.
How to rescue your witness on direct examination if they answer
incorrectly and/or forget the facts. Ask the question again using slightly
different language. Provide clues in your question which would help the
witness remember what you had planned for this testimony.
During practice, switch roles and have attorney be the witness and vice
versa so that both are comfortable with how the questioning will go.
Have the entire class question a witness to develop as many questions as
possible. Then select the best questions that relate most to your case theory.
XXII. Rules of evidence and objections
See pages 63-67 in Simon mock trial materials. These rules define what is acceptable
and what is not. Looking at the rules provides another opportunity to talk about due
process.
Special Rule for Mock Trials: Witness cannot create new facts that would change
the outcome of the case, although witnesses may add minor details. If the attorney
believes a witness has gone beyond the information provided and is providing new
information that is totally out of character and will change the outcome of the trial, use
the following objection: Objection. The witness is creating a material fact that is not
in the record. Or, beyond the scope of the mock trial.
HR trial: May I have a word? during the trial gives lawyers a check on questioning
strategies of the judge or opposing attorney. In Croatia, the reasons to ask for a word
with the judge are based on the same reasons listed in the U.S. objections.
Go through all the listed objections on page 63 and check for
understanding. Then ask students to select which objections they want to
include for the mock trial. You can choose to shorten number of objections
to top 3. The only objection that must be included is beyond the scope of
the mock trial. Ask students why the trial includes objections and how they
illustrate fair procedure.
What is the correct form for making an objection? Practice!!
The teacher can practice with the entire group asking questions both objectionable and
not objectionable so that students get practice identifying those that are objectionable
Another option is to put roles in a hat and have students pick or the teacher
may pick students based on knowledge of work ethic.
Students should have a very quick and easy way to exchange roles if they think that
they need this option. Ask the students to verify what they will do in their roles.
# 19 Roles in the Mock Trial and Application Form
XXVIII. Work in teams to develop roles
There are various group options to work on the trial. Entire sides may need to work
together to develop themes. Lawyers may need to work with their witnesses to develop
questions. Opening and closing lawyers may want to coordinate their speeches.
Witnesses on each side may want to listen to each other and help prepare for crossexamination.
Appendix H: Job Responsibilities
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availability. The role of the jury (HR lay judges, and one judge alone, or with a jury
in U.S.) provides options. Some teachers use other classes of students to decide the
outcome of the trial. Teachers may want to partner with local judges or lawyers to serve
as judges.
Suggestions for mock trial judges comments to students after the trial
Basic message: begin with positive comments. Be specific about
participants role: e.g. defense lawyer.
Your opening statement was clear and well organized. You included your
case theory, the law, a preview of evidence and your request to the jury
You were convincing/believable as the witness and stayed in role during the
entire mock trial. You remained confident during cross-examination.
You were an effective advocate for your side and you chose questions which
demonstrated your case theory.
Your cross-examination effectively demonstrated the weak points in the
witness testimony.
Make comments to each member of the mock trial teams including bailiff
and clerk.
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