CJ II - Mock Trial

What is the purpose of an opening statement?

To inform the jury of the nature and facts of the case.

Does the prosecutor or the defense go first in an opening statement?

Prosecution.

Does the defense have to make an opening statement?

No, but almost always do.

What does the opening statement for the defense do?

Deny that the prosecution has a valid case and outline facts from the defendant's standpoint.

What must prosecutors prove the case by?

Beyond a reasonable doubt.

What does the prosecutor do during their opening statement?

Suggest a motive for the crime and refute any of the defendant's evidence.

Who does the prosecutor present the case to?

State.

How does a defense attorney present the case for the defendant?

By offering witnesses and an alibi.

How will the defense refute the prosecution's case?

By showing that they failed to prove beyond a reasonable doubt.

Direct examination of witnesses

1. First series of questions by that side's attorney.

2. Convinces the jury with facts and provides an understanding of the case.

3. Establishes credibility.

What questions should you use in a direct examination of a witness?

Open-ended questions starting with who, what, where, when, how, or why.

What should the attorney and prosecution do during the cross-examination of witnesses?

Stand close to the witness to intimidate witnesses.

What are two things that a witness must do?

They must be credible/give no opinions and address the judge as "Your Honor."

What are the four roles of a bailiff?

1. Certified peace officer who maintains control of the courtroom.

2. Aids the judge in conducting the trial while providing security.

3. Escort witnesses and the jury into the courtroom.

4. Swear in witnesses, administer oath.

What happens if all jurors cannot agree?

It's called a hung jury or a mistrial, and the case will be retried with new jurors.

What happens when an objection is made?

The judge will ask on what grounds, and the attorney should state the specific rule being violated or that an illegal question is being asked.

What does sustained mean?

The witness is not allowed to answer the question, and the judge agrees with the objection.

What does overruled mean?

The witness is allowed to answer the question, and the judge disagrees with the objection.

Irrelevant Evidence (Relevancy) Objection

Testimony irrelevant to the facts.

Leading Questions Objection

Can only be used during cross-examination.

Hearsay Objection along with an example.

A statement made outside the courtroom. Ex. A witness stating what was said to him/her by someone else.

What are the exceptions to hearsay?

"Spontaneous Utterance" and "Dying Declaration".

Lack of Personal Knowledge Objection

The witness has no personal knowledge to answer the question. Testifying to things that have not been directly seen, heard, or experienced.

Opinion Objecting

Forming an opinion on a subject. Only an expert witness can form an opinion.

Argumentative Questions Objection

Attorneys cannot wadger or argue with a witness.

Speculation Objection

A witness cannot guess when answering a question.

Can you object during opening/closing statements?

Yes.

What do you do during a closing statement?

Summarize the highlights of the testimony and evidence that support your case. Use an example from the trial that you have documented, tie the facts to the law, and ask the jury to grant you the decision that you want.

Who goes first during a closing statement?

The defense.

Who was the father of the Constitution?

James Madison.

When was the Constitution signed?

In 1787.

How long is a Congress House representative in office for?

2 years.

How long are senators in office for?

6 years.

Who wrote the star spangled banner?

Francis Scott Key.

What are the three main parts of the Constitution in order?

The first 3 articles are the preamble, the 7 articles, and the 27 amendments of the Constitution.

How many states/colonies were needed to ratify the Constitution?

2/3, or 9 out of 13 colonies.

When is Flag Day?

June 14th.

What is discretion?

Exercising proper and just behavior.

What is character?

Having individuality.

What are morals?

Dealing with or capable of distinguishing between right or wrong. Having good values.

What are ethics?

The study of standards and moral judgement. Professional codes of behavior by a group to which one belongs. Set of principles.