Mock Trial: Exam 1

Who is the defendant in the civil case?

Midlands Gas & Electric

who is the plaintiff in the civil case?

Alekri et al

What was the event that led to the civil case?

• January 1, 2026

• driver named Landon Norris crashed a car into an electrical pole owned by the defendant

• same night: pole allegedly malfunctioned and ignited a spark

• spark led to a fire which became a wildfire

• 12 people were killed in fire

what is the plaintiff suing for / alleged defendant was liable for?

negligence

what is the burden of proof the plaintiffs must establish in a civil case?

“by preponderance of the evidence” (more likely than not)

what are the 4 elements of negligence?

1. duty

2. breach

3. causation

4. injury / harm

how many elements of negligence are in dispute?

2: breach and causation

how many theories are advanced by the complaint?

12 (potential) of the defendant’s duty of care (must prove 1)

what are the defenses 2 affirmative defenses (BOF) that it must prove?

• an intervening cause was the real cause of the fire (even if we breached, it was not the cause)

• this was an unavoidable accident (nothing could have prevented the harm)

only the plaintiff can call:

• Landon Norris (driver)

• Emerson Brock (safety officer for MidStar)

• Nat Prescott (engineering expert)

only the defense can call:

• Aggie Stackhouse (MG&E EVP Transmissions)

• Sage Everly (expert on utilities)

• Finley Gray (MG&E employee)

• Laurie Alsaffar (expert horticulturist)

the swing witnesses are:

• Morgan Jacob (MG&E employee)

• Parker Rose (eyewitness)

• Charlie Weaver (responding police officer)

• Eden Yamal (vehicle passenger)

who gets priority of swing / selection?

plaintiff (first 2 witnesses, defendant next 2, 1 each last)

what are the goals of a closing argument / statement?

1. recap your sides basic argument (theme and theory)

2. review the evidence provided for your side (plaintiff’s primary goal) how does the evidence allow you to meet your burden of proof?

3. criticize the evidence, lack of evidence, or theory of the opposing side (defense’s primary goal) what doubts should the jury have about the plaintiff’s case?

4. content should not run longer than 9 minutes

how to prepare for a closing argument?

• script / prepare as much as you can about your own side ahead of time

• as the trial proceeds, make note of the testimony of opposing witnesses

• talk about each witness at trial, how each testimony helps your side

• flip the opposing side’s theme

• plaintiffs side gets to reserve any unused time for rebuttal of defenses closing

how to deliver a closing statement?

• be forceful and argumentative, also likeable

• appeal to jury’s common sense

• take hold of exhibits you used at trial, show to jury during closing, read highlights

• move with a purpose

an example of a forceful yet likeable closing:

“members of the jury, the plaintiff’s case fell apart when [witness] testified. this person couldn’t provide any evidence showing that my client was even at the scene of the crime. all she provided was speculation, not hard facts”

an example of appealing to common sense of the jury during closing argument:

“members of the jury - the plaintiff’s side wants you to believe that my client pulled off a sophisticated poisoning operation involving multiple people without his father ever finding out. it just doesn’t make sense.”

an example of reusing exhibits in a closing argument:

“members of the jury, you don’t have to take my word for it. you can read it for yourself in the defendant’s own text messages. here, the defendant texts his girlfriend a very interesting question: ‘should we go through with it?’ the girlfriend replies, ‘definitely!’ the emoji she included was a picture of poison.”

what are the two general categories of trials?

civil and criminal

what is a civil dispute?

between 2 private parties about money

what is the burden of proof in a civil case?

• on the plaintiff

• prove defendant negligence (what theyre liable for)

• by “a preponderance of the evidence” or “more likely than not”

what is a criminal case?

between the government and an individual about some violation of a criminal statute

what is the burden of proof in a criminal case?

• on the prosecution / state

• prove the defendant’s guilt

• “beyond a reasonable doubt”

what is a direct examination?

done by the attorney who called the witness to testify

what is a cross examination?

examination of a witness done by an attorney from the opposing side

how long is a opening statement?

5 minutes each side

how long is a closing argument?

9 minutes each side

what is the opening statement?

• a 5-minute preview of your side’s theory, theme, and witnesses

• the jury should be clear about what the case is about

• require high-quality presentation and a strong finish

what is the proper format of a opening statement?

• use a proper intro “may it please the court”

• state your side’s theme

• tell a brief story

• repeat the theme

• introduce the witnesses involved in the case

• state the charges

• discuss relevant law and burden of proof

• explain your sides theory

• recap theory, theme, state relief you will seek

delivery of a opening statement:

• speak loudly, slowly, calmly

• maintain eye contact with the jury

• don’t argue, be likable

• don’t introduce yourself

what are the goals of a cross examination?

1. elicit useful evidence from an otherwise hostile witness

2. impeach a hostile witness, by probing bias, a failed memory, prior inconsistent statement, or prior bad actions

what criminal past can you mention in a civil case?

a felony or misdemeanor concerning dishonesty

what is the content of a cross examination?

1. all questions must be leading

2. simple questions, not complex ones, are preferable

3. DO NOT give the witness the opportunity to give open-ended answers

4. transitional statements are effective (avoid “let’s move on)

5. you are permitted to ask about a witness’s prior crimes

6. ask about witness’s potential bias

7. avoid “one question too many”

an example of leading question:

“you’re being paid to testify today, aren’t you?”

example of a nonleading question:

“are you being paid to testify today?”

an example of a simple question:

“you were once friends with the defendant, weren’t you?”

“in fact, you dated the defendant, correct?”

an example of a complicated question:

“you were friends with the defendant and you also even dated him, didn’t you?”

examples of bias:

• an expert who is being paid by the person calling them

• a witness testifying against a former employer (who fired him)

• a witness testifying against a former friend / relationship

an example of avoiding “one question too many”:

“you’re being paid $20,000 for your work on this case, aren’t you?”

“the defendant, who hired you, is paying you this $20,000, correct?

“and now here you are in court testifying for the defendant, aren’t you?”

an example of asking “one question too many”

“you’re being paid $20,000 for your work on this case, aren’t you?”

“the defendant, who hired you, is paying you this $20,000, correct?

“and now here you are in court testifying for the defendant, aren’t you?”

“so this means you are biased in favor of the defendant, doesn’t it?”

attorney performance during cross examination:

• maintain control of the witness

• make sure the jury is focused on you

• speak loudly and clearly

• listen to the witness’s answer and react appropriately

• don’t badger the witness by interrupting or arguing, stay calm

witness performance during cross examination:

• stay in character

• continue to focus on the jury, not the attorney

• don’t let the attorney put words in your mouth

• try to break the pattern of yes or no answers

what are the goals of a direct examination?

1. use witness testimony to advance the side’s theory of the case

2. use witness authentication to introduce items of evidence into the trial

3. bolster witness credibility against possible lines of attack

what is the content of a direct examination?

1. attorney must ask non-leading, open-ended questions of the witness

2. witness answers are scripted in advance, carefully, by the attorney

3. witness’s answers must be based upon the witness’s personal knowledge based on the affidavit, report, deposition, or other exhibit connected to the witness

4. questions should be simple, not compound

5. answers should be clear, dont exceed 3 sentences

6. lay witnesses can’t speculate or give improper opinion

7. expert witnesses can speculate or offer opinions about things within their expertise

8. attorney should seek to introduce helpful evidence, with a witness familiar with item

9. question looping and repetition are highly effective

how much time is a direct examination?

a side has 25 minutes for its case-in-chief (3 witnesses)

an example of a non-leading question:

“what is your educational background?”

an example of a compound question:

“when did you arrive at the party, and who did you see?”

an example of a proper answer from a lay witness:

“i saw the transformer start to create sparks”

an example of a improper opinion / speculation from a lay witness:

“i believe that the transformer was creating an arc, which is consistent with electrical principles”

an example of a proper opinion / speculation from a expert witness:

“based upon my review of the evidence, i believe to a degree of scientific certainty that Rob Armstrong drowned because his underwater oxygen tank depleted at a faster rate than is normal for a healthy adult”

an example of good looping and repititon:

W: “rat poison”

A: “how much rat poison did the defendant purchase?”

W: “2 pounds of rat poison”

A: “is 2 pounds of rat poison the only thing the defendant purchased?”

W: “it appears so, yes”

A: “now I’d like to talk about your relationship to the defendant. how well did you know him?”

an example of bad looping and repetition:

W: “rat poison”

A: “how much?”

W: “2 pounds”

A: “is that all?”

W: “yes”

A: “how well did you know the defendant?”

attorney performance during direct:

• speak loud and clear

• stand still while questioning

• let the witness be the main focus of the jury

• every question is memorized

witness performance during direct:

• maintain eye contact with the jury

• speak loudly and clearly

• maintain proper composure for the specific role

• stay in character

• every line is scripted but the speaking style is natural