n
Model Lesson Plan</title>n<meta http-equiv='Content-Type' content='text/html; charset='UTF-8'>n</head>nn<div><div><p><b>Lesson: </b>Introduction to Facts & Opening Statements n n<b>1. Goals: n n</b></p>n<p><b>a. </b>To help students isolate the materially relevant facts of a case from witness ntestimony.<b> n</b></p>n<p><b>b. </b>To help students gain a better understanding of the purpose of an opening nstatement<b> n</b></p>n<p><b>c. </b>To have students write an opening statement. <b> n n</b></p>n<p><b>2. Objectives: n n</b></p>n<p><b>a. Knowledge Objectives: </b>As a result of this lesson, students will be better able nto:<b> n</b></p>n<p><b>i. </b>Identify the facts that support or weaken each side’s case.<b> nii. </b>Understand the role that an opening statement has at trial.<b> n</b></p>n<p><b>iii. </b>Understand the interaction between materially relevant facts and opening nstatements.<b> n</b></p>n<p><b>iv. </b>Identify key elements of an opening statement.<b> n n</b></p>n<p><b>b. Skills Objectives: </b>As a result of this lesson, students will be better able to:<b> ni. </b>Identify materially relevant facts.<b> nii. </b>Use materially relevant facts to write an opening statement.<b> n</b></p>n<p><b> nc. Attitude Objectives: </b>As a result of this lesson, students will be more likely to n</p>n<p>feel:<b> ni. </b>That they have a better grasp of the trial process.<b> nii. </b>Confident in their ability to identify materially relevant facts that support or n</p>n<p>weaken each side’s case.<b> niii. </b>Confident in their ability to write an effective opening statement.<b> niv. </b>Better prepared for their mock trial.<b> n</b></p>n<p><b> n3. Classroom Methods: n</b></p>n<p><b>a. Part One—Facts of the Case (40 minutes). ni. Establish an overview of the case (15 minutes).</b> Ask for a volunteer to n</p>n<p>give a brief synopsis of the case. Then ask for other volunteers to nsupplement the synopsis with additional facts. <b> n</b></p>n<p><b>ii. </b>Ask students to consider how they would frame the facts differently ndepending on whether they were a prosecutor or a defense attorney. Elicit nstudent responses on the following questions:<b> n1. </b>Which facts would you focus on if you were a prosecutor?<b> n2. </b>Which facts are favorable for the defense attorney?<b> n</b></p>n<p><b>iii. Student Activity—Learn the Facts (25 minutes). </b>Break students into 8 ngroups (one for each witness). Pass out a “Witness Fact Sheet” handout to neach group. Have students write in the name of the witness they’ve been nassigned in the space provided.<b> n1. </b>Ask for a volunteer to describe a “materially relevant fact.” Follow-up by n</p>n<p>explaining to students that a materially relevant fact is a fact that is nsignificant or essential to the case.<b> n</b></p>n<p><b>2. </b>Instruct students to identify and write down all materially relevant facts npertaining to their witness. Allow students 10 minutes to do so.<b> n</b></p>n<p><b>3. </b>Instruct each group to elect a “spokesperson” to present the facts their ngroup came up with.<b> n</b></p>n<p>Docsity.com</p>nn</div></div>n<div><div><p><b>4. </b>Reconvene as large group. Spend 10-15 minutes listening to each ngroup’s spokesperson present facts. When necessary, chime in to nemphasize important facts.<b> n</b></p>n<p><b> nb. Part Two—Opening Statements (55 minutes). n</b></p>n<p><b>i. Introduction to Opening Statements—Learn by Observation (10 nminutes). </b>Explain to students that they will watch a short excerpt from “A nFew Good Men.”<b> n</b></p>n<p><b>ii. </b>Show “Opening Statements” scene from movie (the clip lasts about 3-4 nminutes).<b> n</b></p>n<p><b>iii. </b>Elicit student responses and observations of what they saw:<b> n1. </b>How did the attorneys capture their audience (emphasize that both n</p>n<p>attorneys spoke directly to jurors, kept their arguments simple and nconcise, and told their version of what happened).<b> n</b></p>n<p><b>iv. Substantive Lesson on Opening Statements—Powerpoint nPresentation (15 minutes). </b>Walk students through the basics of opening nstatements through short lecture. Information in Powerpoint presentation is ntaken from Thomas Mauet’s <i>Trial Techniques</i>.<b> n</b></p>n<p><b>v. </b>Encourage students to take notes on information presented.<b> nvi. </b>Emphasize key points on opening statements by asking students:<b> n</b></p>n<p><b>1. </b>Why are opening statements important (opening statements are the first ntime that the judge and jury see the attorney; good first impressions are nimportant; provide the judge and jury with a “roadmap” of how your ncase will proceed).<b> n</b></p>n<p><b>2. </b>Why is it helpful to establish a case theory? (allows you to give your nversion of the story; effective way to keep your message simple and norganized)<b> n</b></p>n<p><b>3. </b>What are some examples of case theory/theme? (“Revenge. That is nwhat this case is all about.”)<b> n</b></p>n<p><b>vii. </b>Replay “A Few Good Men” movie clip to allow students to watch elements of nopening statements play out. Instruct students to pay attention to the nelements discussed during the Powerpoint presentation, and to also think nabout what the attorneys in the movie did well and didn’t do well.<b> n</b></p>n<p><b>c. Student Activity—Write an Opening Statement for <i>The Three Little Pigs</i> n(30 minutes)<i>.</i></b><i></i> Break students into the 8 groups they were in during the nprevious exercise. Assign four of the groups to be prosecutors, and the other four ngroups to be defense attorneys. Distribute the <i>The Three Little Pigs </i>handout.<b> n</b></p>n<p><b>d. </b>Instruct students to read the handout in their groups, and then write an opening nstatement as a group (based on the group’s assigned role as prosecution or ndefense). Suggest to students that it will be helpful to first identify the materially nrelevant facts, and then draft their opening statement. Allow 20 minutes for small ngroup work. Instructors should circulate the classroom and answer student nquestions.<b> n</b></p>n<p><b>e. </b>Have each group elect a “spokesperson”—someone who was not spokesperson in nthe previous exercise.<b> n</b></p>n<p><b>f. </b>Reconvene as a large group, and use the remainder of class time to have each nspokesperson deliver his/her group’s opening statement. Stagger the statements nsuch that each statement for the prosecution is followed by a statement for the ndefense.<b> n</b></p>n<p><b> n4. Assignment: </b>Instruct students to write an opening statement for the mock trial case. n</p>n<p>Students may pick whichever party they wish to represent. Statements should be at nleast one page in length, single-spaced. <b>Refer to Student Handout #3 n</b></p>n<p>Docsity.com</p>nn</div></div>n<div><div><p><b> n5. Evaluation: </b>Students will be evaluated based on:<b> n</b></p>n<p><b>a. </b>Their participation in both student activities.<b> nb. </b>Their completion of the opening statement homework assignment.<b> n</b></p>n<p> n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n</p>n<p><b> n n n n n n</b></p>n<p><b>STUDENT HANDOUT #1 n n</b></p>n<p><b>Witness Fact Sheet for ________________________ n n</b></p>n<p><b>What are the materially relevant facts pertaining to this witness and his or her nstatement? n n n n n</b></p>n<p>Docsity.com</p>nn</div></div>n<div><div><p><b> n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n</b></p>n<p><b>STUDENT HANDOUT #2 nOpening Statement Activity: n</b></p>n<p><b>State of Washington v. Third Little Pig n n</b></p>n<p><b>Facts n n</b>Once upon a time there were three little pigs and the time came for them to leave home and nseek their fortunes. Before they left, their mother told them, "Whatever you do , do it the best nthat you can because that's the way to get along in the world.”<b> n n</b></p>n<p>Docsity.com</p>nn</div></div>n<div><div><p>The first little pig built his house out of straw because it was the easiest thing to do.<b> n n</b>The second little pig built his house out of sticks. This was a little bit stronger than a straw nhouse.<b> n</b></p>n<p>The third little pig built his house out of bricks. n</p>n<p>One night the big bad wolf, who dearly loved to eat fat little piggies, came along and saw the nfirst little pig in his house of straw. He said "Let me in, Let me in, little pig, or I'll huff, and I'll npuff, and I'll blow your house in!" n</p>n<p>"Not by the hair of my chinny chin chin," said the little pig. But of course the wolf did blow the nhouse in and ate the first little pig. n</p>n<p>The wolf then came to the house of sticks. "Let me in, Let me in, little pig, or I'll huff, and I'll npuff, and I'll blow your house in." n</p>n<p>"Not by the hair of my chinny chin chin," said the little pig. But the wolf blew that house in too, nand ate the second little pig. n</p>n<p>The wolf then came to the house of bricks. "Let me in, Let me in," cried the wolf, "Or I'll huff, nand I'll puff, till I blow your house in." n</p>n<p>"Not by the hair of my chinny chin chin," said the third little pig. n</p>n<p>So the wolf huffed and puffed, but he could not blow down that brick house. But the wolf was nsly, and he climbed up on the roof to look for a way into the brick house. n</p>n<p>The little pig saw the wolf climb up on the roof and lit a roaring fire in the fireplace and placed on nit a large kettle of boiling water. When the wolf finally found the hole in the chimney, he crawled ndown, then fell right into the kettle of boiling water. n</p>n<p>Two days later, the third little pig was arrested and charged with first-degree murder of the wolf. nIn Washington, a person is guilty of first-degree murder when “[w]ith a premeditated intent to ncause the death of another person, he or she causes the death of such person.” The third little npig pleaded not guilty, and his trial will begin next week. n</p>n<p><b>Assignment n n</b></p>n<p>Based on your group’s role as prosecution or defense, discuss the materially relevant facts and nthen write an opening statement together. You have 20 minutes. n n n</p>n<p><b>STUDENT HANDOUT #3 n nStreet Law 2007 nMr. Granados-Greenberg, periods ½ nHomework Assigned: </b>April 27, 2007 n<b>Due Date: </b>May 4, 2007 @ 8:30 am n<b>Point Value: </b>10 points n</p>n<p><b> nOpening Statement Exercise n</b></p>n<p><b> n</b></p>n<p>Docsity.com</p>nn</div></div>n<div><div><p><b>Instructions: </b>Write an opening statement for the mock trial case, <i>State of Washington v. nCharles M. Jones.</i> You may write for the prosecution or the defense, whichever party you prefer. nIncorporate the strategies discussed in class (a theme, labels) into your statement. This nassignment may be typed or neatly handwritten on notebook paper. It must be at least one npage, single-spaced in length. n</p>n<p>Docsity.com</p>nn</div></div>n</body></html>','canEdit':false,'canDelete':false,'canReport':false,'userVote':null,'previewLimit':3,'advEnabled':true,'totalVotes':0,'title':'Introduction to Facts and Opening Statements - Mock Trial Preparation - Lecture Notes, Study notes for Law','isPremiumEnabled':false,'hasQuizcardSet':null}'><div><div><div><header><div><div><div><div></div><div><div><span>1</span><span>Number of download</span></div></div><div><div><div><span>These are the important key points of lecture notes of Mock Trial Preparation are: Introduction to Facts and Opening Statements, Relevant Facts, Better Understanding, Opening Statement, Knowledge Objectives, Skills Objectives, Attitude Objectives, Materially Relevant Facts, Key Elements, Facts of the Case</span></div></div></div><div><div><div></div></div><div><div><div><div><span><span>20</span> points</span><div><div><div><div>Download points needed to download</div></div></div></div></div></div></div></div></div></div></div></div></header><div><main><div><div><div><span><span>Preview</span><span>3 pages / 6</span></span></div><div><div><div><div><div><div></div><div></div></div></div></div></div></div></div></div><div><div><div></div><div></div><div></div></div></div><div><div><div><div><div><div>Model Lesson Plan<div><div><p><b>Lesson: </b>Introduction to Facts & Opening Statements <b>1. Goals: </b></p><p><b>a. </b>To help students isolate the materially relevant facts of a case from witness testimony.<b></b></p><p><b>b. </b>To help students gain a better understanding of the purpose of an opening statement<b></b></p><p><b>c. </b>To have students write an opening statement. <b></b></p><p><b>2. Objectives: </b></p><p><b>a. Knowledge Objectives: </b>As a result of this lesson, students will be better able to:<b></b></p><p><b>i. </b>Identify the facts that support or weaken each side’s case.<b> ii. </b>Understand the role that an opening statement has at trial.<b></b></p><p><b>iii. </b>Understand the interaction between materially relevant facts and opening statements.<b></b></p><p><b>iv. </b>Identify key elements of an opening statement.<b></b></p><p><b>b. Skills Objectives: </b>As a result of this lesson, students will be better able to:<b> i. </b>Identify materially relevant facts.<b> ii. </b>Use materially relevant facts to write an opening statement.<b></b></p><p><b> c. Attitude Objectives: </b>As a result of this lesson, students will be more likely to </p><p>feel:<b> i. </b>That they have a better grasp of the trial process.<b> ii. </b>Confident in their ability to identify materially relevant facts that support or </p><p>weaken each side’s case.<b> iii. </b>Confident in their ability to write an effective opening statement.<b> iv. </b>Better prepared for their mock trial.<b></b></p><p><b> 3. Classroom Methods: </b></p><p><b>a. Part One—Facts of the Case (40 minutes). i. Establish an overview of the case (15 minutes).</b> Ask for a volunteer to </p><p>give a brief synopsis of the case. Then ask for other volunteers to supplement the synopsis with additional facts. <b></b></p><p><b>ii. </b>Ask students to consider how they would frame the facts differently depending on whether they were a prosecutor or a defense attorney. Elicit student responses on the following questions:<b> 1. </b>Which facts would you focus on if you were a prosecutor?<b> 2. </b>Which facts are favorable for the defense attorney?<b></b></p><p><b>iii. Student Activity—Learn the Facts (25 minutes). </b>Break students into 8 groups (one for each witness). Pass out a “Witness Fact Sheet” handout to each group. Have students write in the name of the witness they’ve been assigned in the space provided.<b> 1. </b>Ask for a volunteer to describe a “materially relevant fact.” Follow-up by </p><p>explaining to students that a materially relevant fact is a fact that is significant or essential to the case.<b></b></p><p><b>2. </b>Instruct students to identify and write down all materially relevant facts pertaining to their witness. Allow students 10 minutes to do so.<b></b></p><p><b>3. </b>Instruct each group to elect a “spokesperson” to present the facts their group came up with.<b></b></p><p>Docsity.com</p></div></div><div><div><p><b>4. </b>Reconvene as large group. Spend 10-15 minutes listening to each group’s spokesperson present facts. When necessary, chime in to emphasize important facts.<b></b></p><p><b> b. Part Two—Opening Statements (55 minutes). </b></p><p><b>i. Introduction to Opening Statements—Learn by Observation (10 minutes). </b>Explain to students that they will watch a short excerpt from “A Few Good Men.”<b></b></p><p><b>ii. </b>Show “Opening Statements” scene from movie (the clip lasts about 3-4 minutes).<b></b></p><p><b>iii. </b>Elicit student responses and observations of what they saw:<b> 1. </b>How did the attorneys capture their audience (emphasize that both </p><p>attorneys spoke directly to jurors, kept their arguments simple and concise, and told their version of what happened).<b></b></p><p><b>iv. Substantive Lesson on Opening Statements—Powerpoint Presentation (15 minutes). </b>Walk students through the basics of opening statements through short lecture. Information in Powerpoint presentation is taken from Thomas Mauet’s <i>Trial Techniques</i>.<b></b></p><p><b>v. </b>Encourage students to take notes on information presented.<b> vi. </b>Emphasize key points on opening statements by asking students:<b></b></p><p><b>1. </b>Why are opening statements important (opening statements are the first time that the judge and jury see the attorney; good first impressions are important; provide the judge and jury with a “roadmap” of how your case will proceed).<b></b></p><p><b>2. </b>Why is it helpful to establish a case theory? (allows you to give your version of the story; effective way to keep your message simple and organized)<b></b></p><p><b>3. </b>What are some examples of case theory/theme? (“Revenge. That is what this case is all about.”)<b></b></p><p><b>vii. </b>Replay “A Few Good Men” movie clip to allow students to watch elements of opening statements play out. Instruct students to pay attention to the elements discussed during the Powerpoint presentation, and to also think about what the attorneys in the movie did well and didn’t do well.<b></b></p><p><b>c. Student Activity—Write an Opening Statement for <i>The Three Little Pigs</i> (30 minutes)<i>.</i></b><i></i> Break students into the 8 groups they were in during the previous exercise. Assign four of the groups to be prosecutors, and the other four groups to be defense attorneys. Distribute the <i>The Three Little Pigs </i>handout.<b></b></p><p><b>d. </b>Instruct students to read the handout in their groups, and then write an opening statement as a group (based on the group’s assigned role as prosecution or defense). Suggest to students that it will be helpful to first identify the materially relevant facts, and then draft their opening statement. Allow 20 minutes for small group work. Instructors should circulate the classroom and answer student questions.<b></b></p><p><b>e. </b>Have each group elect a “spokesperson”—someone who was not spokesperson in the previous exercise.<b></b></p><p><b>f. </b>Reconvene as a large group, and use the remainder of class time to have each spokesperson deliver his/her group’s opening statement. Stagger the statements such that each statement for the prosecution is followed by a statement for the defense.<b></b></p><p><b> 4. Assignment: </b>Instruct students to write an opening statement for the mock trial case. </p><p>Students may pick whichever party they wish to represent. Statements should be at least one page in length, single-spaced. <b>Refer to Student Handout #3 </b></p><p>Docsity.com</p></div></div><div><div><p><b> 5. Evaluation: </b>Students will be evaluated based on:<b></b></p><p><b>a. </b>Their participation in both student activities.<b> b. </b>Their completion of the opening statement homework assignment.<b></b></p><p><b></b></p><p><b>STUDENT HANDOUT #1 </b></p><p><b>Witness Fact Sheet for ________________________ </b></p><p><b>What are the materially relevant facts pertaining to this witness and his or her statement? </b></p><p>Docsity.com</p></div></div><div><div><p><b></b></p><p><b>STUDENT HANDOUT #2 Opening Statement Activity: </b></p><p><b>State of Washington v. Third Little Pig </b></p><p><b>Facts </b>Once upon a time there were three little pigs and the time came for them to leave home and seek their fortunes. Before they left, their mother told them, 'Whatever you do , do it the best that you can because that's the way to get along in the world.”<b></b></p><p>Docsity.com</p></div></div><div><div><p>The first little pig built his house out of straw because it was the easiest thing to do.<b></b>The second little pig built his house out of sticks. This was a little bit stronger than a straw house.<b></b></p><p>The third little pig built his house out of bricks. </p><p>One night the big bad wolf, who dearly loved to eat fat little piggies, came along and saw the first little pig in his house of straw. He said 'Let me in, Let me in, little pig, or I'll huff, and I'll puff, and I'll blow your house in!' </p><p>'Not by the hair of my chinny chin chin,' said the little pig. But of course the wolf did blow the house in and ate the first little pig. </p><p>The wolf then came to the house of sticks. 'Let me in, Let me in, little pig, or I'll huff, and I'll puff, and I'll blow your house in.' </p><p>'Not by the hair of my chinny chin chin,' said the little pig. But the wolf blew that house in too, and ate the second little pig. </p><p>The wolf then came to the house of bricks. 'Let me in, Let me in,' cried the wolf, 'Or I'll huff, and I'll puff, till I blow your house in.' </p><p>'Not by the hair of my chinny chin chin,' said the third little pig. </p><p>So the wolf huffed and puffed, but he could not blow down that brick house. But the wolf was sly, and he climbed up on the roof to look for a way into the brick house. </p><p>The little pig saw the wolf climb up on the roof and lit a roaring fire in the fireplace and placed on it a large kettle of boiling water. When the wolf finally found the hole in the chimney, he crawled down, then fell right into the kettle of boiling water. </p><p>Two days later, the third little pig was arrested and charged with first-degree murder of the wolf. In Washington, a person is guilty of first-degree murder when “[w]ith a premeditated intent to cause the death of another person, he or she causes the death of such person.” The third little pig pleaded not guilty, and his trial will begin next week. </p><p><b>Assignment </b></p><p>Based on your group’s role as prosecution or defense, discuss the materially relevant facts and then write an opening statement together. You have 20 minutes. </p><p><b>STUDENT HANDOUT #3 Street Law 2007 Mr. Granados-Greenberg, periods ½ Homework Assigned: </b>April 27, 2007 <b>Due Date: </b>May 4, 2007 @ 8:30 am <b>Point Value: </b>10 points </p><p><b> Opening Statement Exercise </b></p><p><b></b></p><p>Docsity.com</p></div></div><div><div><p><b>Instructions: </b>Write an opening statement for the mock trial case, <i>State of Washington v. Charles M. Jones.</i> You may write for the prosecution or the defense, whichever party you prefer. Incorporate the strategies discussed in class (a theme, labels) into your statement. This assignment may be typed or neatly handwritten on notebook paper. It must be at least one page, single-spaced in length. </p><p>Docsity.com</p></div></div></div></div></div></div></div></div><div><div><div><div></div></div></div></div></main><div><div><div><div></div></div></div></div><div><div><div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div></div></div></div><div><div><div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div><div><div><div><div><div><div><div></div></div><div><div></div></div></div></div></div></div></div></div></div></div></aside></div></div></div></div></div></div></div></div></body>
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How to Write Mock Trial Opening and Closing Statements Competing as an attorney for high school Mock Trial can be extremely rewarding and satisfying, especially if you’re interested in debate, public speaking, or law. The trial begins with opening statements from both sides (plaintiff/ prosecution first ), followed by the examination (questioning) of the witnesses (plaintiff/prosecution case first) and, finally, closing arguments (plaintiff/prosecution first). Criminal Justice Mock Trial. Present evidence necessary for a favorable verdict for your client;convince the jury with facts and provide your understanding of the case.
IntroductionThe mock trial has proven to be an effective learning tool for elementary and secondary school students. It helps students develop useful knowledge about the law, questioning techniques, critical thinking, and oral advocacy skills.
Good mock trials will also leave student participants with an appreciation of the difficulties that judges, lawyers and juries face in attempting to present all relevant facts and legal arguments and insure the just resolution of the issues involved.
Below is a brief outline explaining the various types of mock trials that can be presented, how to prepare for and conduct mock trials in the classroom, and how to conduct mock trial competitions with other classes and schools.
Types of Mock Trials
The mock trial begins where actual trials begin - - with a conflict or a dispute that the parties have been unable to resolve on their own. Mock trials may draw upon historical events, trials of contemporary interest, school and/or classroom situations, or hypothetical fact patterns. Most mock trials use some general rules of evidence and procedure, an explanation of the basic facts, and brief statements for each witness. Other mock trial formats range from free-wheeling activities where rules are created by the student participants (sometimes on the spot) and no scripts are used, to serious attempts to simulate the trial process based on simplified rules of evidence and procedure to dramatic reenactments of historical trials in which scripts are heavily relied upon.
Preparing for a Mock Trial
This Guide has been taken from the main article 'From Classroom toCourtroom: The Mock Trial,' written by Lee Arbetman and Ed O'Brien, bothattorneys and former classroom teachers.
After teaching students about the purpose of trials and the procedure involved, we suggest the following:- Distribute mock trial materials to the students.
The facts and basic law involved should be discussed with the entire class. Teachers may develop fact patterns and witness statements (e.g., brief summaries of each witness' testimony), have students develop them, or use the materials provided in this package. - Try to match the trial to the skills and sophistication of your students.
For example, if your students are unfamiliar with mock trials, you probably should begin with a simple exercise. Remember that the aim of mock trials isn't always to imitate reality, but rather to create a learning experience for students. Just as those learning piano begin with simple exercises, so those learning mock trials can begin simply and work up to cases which more closely approach the drama and substantive dimensions of the real thing. - Students should be selected to play attorneys and witnesses, and then form groups to assist each witness and attorney prepare for trial.
A case could easily involve the entire class. For example, at least two could be assigned as attorneys for each side. In addition, four students are needed as witnesses and twelve students can serve as the jury. Such a division of tasks directly involves approximately two dozen students1 and others can be used as bailiff, court reporter, judge, and as possible replacements for participants, especially witnesses, in the event of an unexpected absence. Still other students may serve as radio, television or newspaper reporters who observe the trial and then 'file' their reports by making a presentation to the class in the form of an article or editorial following the trial. - Students work in the above mentioned task-groups in class for one or more class periods, with the assistance of the teacher and an attorney or law student.
During the preparation time, jurors might explore the role of the jury, the historical development of the jury system, and other topics related to their part in the mock trial. Student attorneys should use this time to outline the opening statements they will make. Because these statements focus the attention of the jury on the evidence, which will be presented, it will be important for these students to work in close cooperation with all attorneys and witnesses for their side.
Student attorneys should develop questions to ask their own witnesses and rehearse their direct examination with these witnesses. Witnesses should become thoroughly familiar with their witness statements so that their testimony will not be inconsistent with their witness statements. (These statements which may be considered to be sworn to pretrial depositions or affidavits, can be used by the other side to impeach a witness who testifies inconsistently with the statement.)
On direct examination (that is, either the plaintiff's or defendant's attorneys questioning their own witnesses), questions should not be leading - - they should not have the answer included as part of the question. Leading questions may, however, be used in cross-examining a witness in order to impeach the witness' credibility in the testimony.
Cross-examination
While some attorney-witness groups are constructing the questions and testimony for direct examination, other attorneys should be thinking about how they will cross-examine the witnesses for the other side. As mentioned, the purpose of cross-examination is to make the other side's witnesses seem less believable if the eyes of those determining the facts of the case (i.e., the jurors in a jury trial or the judge if no jury is used). Leading questions, sometimes requiring only a yes or no answer, are permitted. Frequently it is wise to ask relatively few questions on cross-examination so that the witness will not have an opportunity to reemphasize strong points to the jury.
During cross-examination, for example, the attorneys for the plaintiff might try to suggest that the testimony of the defense witnesses is inconsistent.
Mock Trial Opening Statements For The Prosecutor Soundboard Online
The closing arguments are rather challenging since they must be flexible presentations, reviewing not only the evidence presented for one's side but also underscoring weaknesses and inconsistencies in the other side's case which arise out of the trial proceedings.Conducting a Mock Trial
Once all preparation has been completed, convert the classroom into a courtroom by rearranging desks as shown in the diagram. It is also helpful to have long tables for each attorney's team to work from; the teacher's desk can serve as the judge's bench. Layout of Classroom: (See drawing)
Conduct the trial with a teacher, students or resource person (perhaps a law student, lawyer or actual judge) as a judge. A student jury may be used. The role of the jury is often minimized in television trials. Students should understand that the jury determines the facts in a case, primarily through their acceptance or rejection of the testimony offered by various witnesses for both sides. The judge deals with questions of law and explains to the jurors the key legal issue in the case.
Mock Trial Prosecution Opening Statement
Participants
Mock Trial Opening Statement Outline
- Judge (could be a visitor to class with legal experience)
- Prosecutor(s) or plaintiff's attorney(s) in a civil case defense attorney(s)
- Witnesses for the prosecution
- Witnesses for the defense
- bailiff (swears in witnesses and marks evidence)
- Jury composed of twelve persons, one of whom should be named jury foreman, alternates may also be designated
- Calling of Case by Bailiff: 'All rise. The Court of _______________ is now in session. Honorable Judge ______________ presiding.
- Opening Statement: First the prosecutor (criminal case) or plaintiff's attorney (civil case), then the defendant's attorney, explain what their evidence will be and what they will try to prove.
- Prosecution’s or Plaintiff's Case: Witnesses are called to testify (direct examination) and other physical evidence is introduced. Each witness called is cross-examined '(questioned so as to break down the story or be discredited) by the defense.
- Defendant's Case: Same as the third step except that defense calls witnesses for direct examination; cross-examination by prosecution/plaintiff.
- Closing Statement: An attorney for each side reviews the evidence presented and asks for a decision in his/her favor.
- Jury Instructions (Jury Trials Only): The Judge explains to the jury appropriate rules of law that it is to consider in weighing the evidence. As a general rule, the prosecution (or the plaintiff in a civil case) must meet the burden of proof in order to prevail. In a criminal case this burden is very high. In order for the accused? Are some parts of the trial more important than others? Would you trust a jury of your peers to determine your guilt or innocence? Students should also explore their reactions to playing attorneys, witnesses, jurors, and the judge. What roles do each play in the trial process?