The following suggestions have been
developed from previous experiences in training mock trial teams.
Encourage students to inquire, discuss, and practice as a team and to
have fun while learning.
1. Carefully examine the entire set of materials, taking care to note
all conflicts and information that is unclear. Discuss the
information that is unclear. Discuss the information, procedures,
rules used in the mock trial tournament.
2. Formulate theories of the case and consider what problems
attorneys will have proving each theory.
3. Even though a team represents one side in a case during a mock
trial, all roles in the case should be assigned and practiced. This
will help in analyzing the case, as well as in preparing for future
rounds.
4. Students acting as witnesses need to really "get into" their roles
and attempt to think like the persons they are playing. Students who
are witnesses should read their statements (affidavits) many times
until they have the facts down "cold" and work closely with the
student attorney who will do the direct examination. Another team
member can play the role of opposing counsel and cross-examine the
witnesses.
5. Team members are responsible for deciding what questions they will
ask each witness on direct and cross-examination. This work can be
done through group work. (Based on experiences from other mock trail
tournaments, the best teams generally had their students prepare
their own questions, with the teacher-coach and attorney-coach giving
continual feedback about the questions.)
6. After the questions are prepared, a team should hold practice
sessions where attorneys question witnesses, and the rest of the
class or team evaluates which questions are good, and which might be
dropped or added. These sessions also help prepare the witnesses for
the tournament.
Based on the experiences of these practice sessions, attorneys should
revise the questions, and witnesses should restudy parts of their
witness statements where they were weak.
7. Sample opening statements and closing arguments should be written
by team members. Legal and non-legal language should be avoided where
its meaning is not completely understood by attorneys and
witnesses.
8. Closing arguments should not be totally composed before trial, as
they are supposed to highlight the important developments for the
prosecution/plaintiff and the defense which have occurred during the
trial. The more relaxed and informal such statements are, the more
effective they are likely to be. Students should be prepared for the
interruptions by judges who may question the attorneys, especially
during closing argument. In a mock trial, an outline could be
prepared for the closing argument, particularly where the facts are
known and limited to what is in the witness
statements/affidavits.
9. The ability of a team to adapt to different situations is
important in a mock trial since each judge has his/her own way of
doing things. Since the proceedings or conduct of the trial often
depends on the judge who presides, student attorneys and other team
members should be prepared to adapt to judicial rulings and requests,
even if they appear contrary to tournament procedures and rules.
Some of the things most difficult for
teams members to do are:
1. To decide which are the most important points to prove their side
of the case and to make sure such proof takes place
2. To tell clearly what they intend to prove in an opening statement
and to argue effectively in their closing argument that the facts and
evidence presented have proven their case
3. To follow the formality of court, e.g;., standing up when the
judge enters; or when addressing the judge, to call the judge "your
honor," etc.
4. To phrase questions on direct examination that are not leading
(carefully review the rules of evidence and watch for this type of
questioning in practice sessions)
5. Not to ask so many questions on cross-examination that well-made
points are lost. When a witness has been contradicted or otherwise
discredited, student-attorneys tend to ask additional questions which
often lessen the impact of points previously made. (Stop. Recognize
what questions are likely to require answers that will make good
points for your side. Rely on the use of these questions. Avoid
pointless questions!!!)
6. To think quickly on their feet when a witness gives an unexpected
answer, an attorney asks unexpected questions, or a judge throws
questions at the attorneys or witnesses. (Practice sessions will help
prepare for this.)
7. To consult co-counsel if you're stuck.
8. When an objection is sustained, to think of ways to get all
relevant evidence to the court