Mock Trial Roles and Responsibilities

Clerk of Court

  • Primarily directed at the plaintiff side.
  • Prepares a list of class members and their contact information.
  • Distributes the list widely to ensure a complete jury pool.
  • Supervises the jury during the trial.
  • Marks exhibits at the trial.
  • Coordinates lunch for the class after the trial.
  • Prepares the verdict form.
  • Writes thinking notes.
  • Assists the plaintiff in preparing for mediation and trial.

Attorneys

  • Multiple attorneys for each team (ideally three).
  • Conduct mediation, pretrial hearings, and the trial for their team.
  • Determine the theory of the case.
  • Present the other side's arguments at mediation and to the judge at the trial.
  • Prepare for mediation, including presentations.
  • Prepare cross-examinations.
  • Deliver opening statements and closing arguments.

Lead Attorney

  • Makes final decisions in collaboration with the entire trial team regarding strategy and work assignments.
  • Work of other attorneys on each side must be divided as evenly as possible.
  • Two attorneys will make the mediation presentation, two will present arguments at the pretrial conference, and three will do the trial presentation.

Paralegals

  • Assist in creating the mediation PowerPoint and multimedia presentation.
  • Compile the trial notebook in collaboration with the trial team.
  • Prepare exhibits for the trial.
  • Assist in drafting affidavits as needed.
  • Assist in drafting direct and cross-examinations as needed.
  • Assist in preparing pretrial motions.
  • Take notes and give advice during the trial.

Paralegal Witnesses

  • Prepare their own direct examination.
  • Prepare a subpoena or subpoena duces tecum and an affidavit as needed.
  • Know their testimony without notes.
  • Anticipate their own cross-examination.
  • Make appropriate notes to assist in responding.
  • Practice witness examination with attorneys.
  • Prepare exhibits needed for their testimony and be ready to use them appropriately.
  • Dress the part of the witness.

Witnesses

Plaintiff's Witnesses

  • Sawyer (the dad of the victim).
  • Reese (Sawyer’s friend).
  • Harmon (the doctor who treated the victim at the hospital).

Defense Witnesses

  • Joe Fazio, MD (owner of the camp).
  • Carson Green (camp driver who took them on the hike).
    • Took them on the unsupervised hike.
  • Chris Bennett, MD (diabetes expert).
    • Did not directly treat anyone in this case.

Trial Teams

  • Plaintiff side: Assigned by the instructor.
  • Defense side: Assigned by the instructor.
  • Lead attorney for each team.
  • Volunteer to be clerk of court.

Roles Assignment and Discussion

  • The instructor will decide which students will be on the Plaintiff’s side and which will be on the Defendant’s side.
  • Team of eight students: three attorneys, three witnesses, and two paralegals.
  • Clerk of Court role likely falls under the Plaintiff's side.
  • Roles: Lead Attorney, Co-Counsel (2), Paralegal, and Witnesses (3).

Venn Diagram Assignment

  • Objective: Prepare for the upcoming mock trial by analyzing and organizing case facts using Venn diagrams to understand and evaluate the factual elements supporting each side.
  • Complete four Venn diagrams:
    • One overall diagram for case facts.
    • One separate diagram for each of the three witnesses in the case packet.
  • Each diagram must be followed by a page with three labeled bullet point sections.
  • Take the facts and put it in categories like:
    • Helps my case.
    • Hurts my case.
    • Could be argued either way for or against my case.
  • Overall case diagram: Key facts of the full case in bullet point format with page number citations from the case file.

Submission Guidelines

  • Compile all material into one organized PDF with the following order:
    • Overall case diagram.
    • Analysis bullet point fact page.
    • Witness diagrams 1, 2, and 3 with their respective analysis pages.
  • Submit to Blackboard by the due date.
  • Divide work fairly among team members by assigning portions of diagrams or witnesses.

Team Roles

  • Lead Attorney: Mary
  • Co-Counsel: Emily and Veronica
  • Witnesses:
    • Carson Green: Jack
    • Joe Fazio: Rodriguez
    • Chris Bennett: Lattimore
  • Paralegals: Deb and Madonna
    • Witnesses will also serve as paralegals.

Action Items

  • Create a Google Doc to share documents and collaborate.
  • Assign responsibility for each Venn diagram.
  • Discuss and create one Venn diagram for overall case facts.
  • Create one for each of the witnesses, Joe, Carson and Bennett.
  • Compile all material to share into one PDF for submission.

Meeting

  • Meeting on Tuesday evenings at 6:30 PM
  • Brief meeting (10-15 minutes) after each class to discuss new information or tasks.