Court Procedures and Mock Trial Overview

Motion to Dismiss

A request to a court to dismiss a case because there is no legal basis for the claim

Affirmative Defenses

Defendant's assertion of facts and arguments that, if true, will defeat the plaintiff's or prosecution's claim, even if all the allegations in the complaint are true

Opening Statements

The statements made by the attorneys at the beginning of a trial to outline the evidence that will be presented

Closing Argument

The final statement an attorney makes to the jury before deliberation

Jury Instructions

The set of legal rules that jurors must follow when they decide a case

Verdict

The decision of a jury

Judgment

The final decision of the court resolving the dispute and determining the rights and obligations of the parties

Mock Trial

A simulated trial used to train students in legal processes and techniques

Direct Examination (Mock Trial)

The initial questioning of a witness by the party who called the witness to testify in a simulated trial

Cross Examination (Mock Trial)

The questioning of a witness by the opposing party in a simulated trial

Litigation Process

The process of taking legal action through the court system

Complaint

Formal legal document that sets out the facts and legal reasons the plaintiff believes are sufficient to support a claim against the defendant

Motion for Summary Judgment

A request for the court to rule that the other party has no case because there are no facts at issue

Discovery

The pre-trial phase in a lawsuit in which each party investigates the facts of a case through the rules of civil procedure

Interrogatories

Written questions that one party sends to the other as part of the discovery process in a lawsuit

Depositions

The process of giving sworn evidence

Jury Selection

The process whereby, according to law and precedent, members of a particular trial jury are chosen

Direct Examination

The questioning of a witness by the party who has called the witness to testify

Cross Examination

The questioning of a witness by the opposing party

Objections (Mock Trial)

Formal protests raised in court during a trial to disallow a witness's testimony or other evidence

Mock Trial Grading Rubric

A document outlining the criteria for evaluating the performance of participants in a simulated trial