Mock Trial 101 - Learning the Basics

Courtroom Etiquette

  • Very formal & structured.
  • Treat EVERYONE with respect, never rude or confrontational to opposing counsel or witnesses.
  • ALWAYS stand when addressing the Judge.
  • Witnesses talk to your attorney & the jury; witnesses look at your attorney when asked a question; witnesses look at the jury when you answer.
  • Attorneys talk to your witness & the Judge; attorneys never turn to look at or talk to opposing counsel.

Courtroom Layout

  • Key locations: Judge's bench, clerk & court reporter, witness stand, defendant's table, plaintiff's table, rail, swinging door, benches, doors for public and jury box.
  • Visual memory aid: positions of judge, witnesses, attorneys, parties, and the jury in relation to the stand and rails.

Burden of Proof

  • Criminal case: beyond a reasonable doubt.
  • Definition: proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs.
  • Civil case: preponderance of the evidence.
  • Visual: scales balanced at the start; if scales remain even or tilt slightly toward the Defendant, the Plaintiff has failed; verdict should be for the Defendant.

Evidence

  • There are 22 types of evidence: direct and circumstantial.
  • Direct evidence: testimony of a person who asserts or claims to have actual knowledge of a fact (e.g., eyewitness).
  • Circumstantial evidence: proof of a chain of facts and circumstances indicating the existence of a fact in issue.
  • Weight: the law assigns no greater weight to circumstantial than to direct evidence; no greater certainty is required for circumstantial evidence.

Direct Examination

  • A conversation between the witness & his/her attorney.
  • ONLY open-ended questions beginning with who, what, when, where, or why.
  • Designed to tell the witness's story and show how it relates to the case theme.
  • Short, concise questions yield the best answers; long, rambling questions lose the jury’s attention.
  • Witnesses must become the character they are portraying; make the jury believe.
  • DO NOT script questions & answers; Listen. Think. Speak.

Cross Examination

  • Attorney asks ONLY questions that can be answered “Yes” or “No”.
  • Not designed to gain new information; purpose is to have the witness agree with statements.
  • Attorneys must reference statements in the witnesses’ affidavit and have the witness agree or disagree.
  • NEVER ask a question you don’t know the answer to!
  • Cross examination is a struggle for control of the spotlight: the witness wants to explain the answers, the attorney wants Yes/No.