Mock Trial 101 - Learning the Basics

Vocabulary flashcards covering key concepts from Mock Trial 101 notes.

Courtroom etiquette

Very formal & structured behavior in court; treat EVERYONE with respect (including opposing counsel and witnesses); always stand when addressing the judge; witnesses talk to their attorney & the jury; attorneys talk to witnesses & the judge; never confront or turn to speak to opposing counsel.

Judge's bench

The raised desk where the judge sits during court.

Witness Stand

The location where witnesses testify.

Clerk & Court Reporter

Officials who record the proceedings and maintain the court's records.

Defendant's Table

Table where the defendant sits with defense counsel.

Plaintiff's Table

Table where the plaintiff sits with plaintiff's counsel.

Rail

A barrier or rail in the courtroom separating areas (e.g., near the defendant/plaintiff tables).

Swinging Door

Door in the courtroom that swings open and closed as people enter or leave.

Jury Box

The area where jurors sit to hear the case and render a verdict.

Burden of Proof

The level of proof required in a case (criminal: beyond a reasonable doubt; civil: preponderance of the evidence).

Beyond a Reasonable Doubt

The standard of proof in criminal cases; proof of such a convincing character that you would rely on it in important personal affairs without hesitation.

Civil Case

A non-criminal case where the burden of proof is the preponderance of the evidence.

Preponderance of the Evidence

The standard in civil cases; more likely than not; the evidence tips the scales in favor of one side.

Direct Evidence

Testimony from a person who has actual knowledge of a fact (e.g., an eyewitness).

Circumstantial Evidence

Proof of a chain of facts and circumstances that indicate the existence of a fact in issue.

Direct Examination

Questioning the witness by the party who called them; should use open-ended questions to tell the witness's story and relate it to the case theme.

Open-ended Questions

Questions that begin with who, what, when, where, or why and invite fuller answers.

Cross Examination

Questioning by the opposing attorney; asks mainly yes/no questions to obtain admission or denial and control the witness's narrative.

Yes/No Questions

Questions that can be answered with a simple 'yes' or 'no'.

Affidavit

A sworn written statement used in cross-examination to challenge or confirm facts.