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Fourth AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Fourth AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Mini-Mock Trials are shorter versions of mock trial, taking an average of 2-3 hours. They are helpful for teaching about trial procedure as well as teaching the particular content of the trial. For example, one mini mock trial teaches driving responsibility. Through mini mock trials, students develop an understanding of the people in the courtroom and their functions, the importance of rules in insuring fairness of the proceeding, and the importance of witnesses and jurors in determining the facts of the case. Mini mock trials are appropriate for students grades 5 and up.

Instructions for conducting a mini-mock trial along with students handouts are included in the Mini-Mock Trial Manual Instructions. Specific trials include the facts of the case and witnesses statements.
Mini Mock Trial Manual Instructions 2014
Source

Learning Law and Democracy Foundation

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Mini-Mock Trials are shorter versions of mock trial, taking an average of 2-3 hours. They are helpful for teaching about trial procedure as well as teaching the particular content of the trial. For example, one mini mock trial teaches driving responsibility.

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Mock Trial Competition for Grades 7 and 8

The New Jersey State Bar Foundation invites seventh- and eighth-graders and their teachers to submit original mock trial cases to the Law Adventure 2021 Competition. There is no charge to enter. The cases must be suitable for use in the classroom as a tool to teach students about legal issues. Students must develop a case on one of two topics: (1) First Amendment Rights or (2) Public Health Law and Privacy Concerns.

To download the Law Adventure 2020-2021 Competition Rules Booklet, click here.

The deadline to enter has been extended to February 12, 2021 .Entries must be received on or before this date. Please remember to read the competition booklet carefully and follow the rules. If you have any questions, please call Sheila Boro at 732-937-7519 or e-mail sboro@njsbf.org.

Case entries are due by February 12, 2021 . To submit your case,

For a quick overview of the competition in a flyer you can share with colleagues, .

To view a PowerPoint presentation on how to prepare for competition, . To watch our Law Fair/Law Adventure webinar for teachers of grades 3-8, .

The Mock Trial Exercises for Grades 7 and 8, featuring winning cases from past Law Adventure Competitions, can be downloaded below.

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Law Adventure Competition for Grades 7 and 8 - New Jersey State Bar Foundation

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The New Jersey State Bar Foundation invites seventh- and eighth-graders and their teachers to submit original mock trial cases to the Law Adventure 2021 Competition. There is no charge to enter. The cases must be suitable for use in the classroom as a tool to teach students about legal issues.

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The Foundation conducts mock trial programs for grades 3 through high school. In addition, we offer a Courtroom Sketch Artist Competition for high school students. Click on the buttons below for individual program pages and more information.

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Mock Trial | New Jersey State Bar Foundation

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The Foundation conducts mock trial programs for grades 3 through high school. In addition, we offer a Courtroom Sketch Artist Competition for high school students. Click on the buttons below for individual program pages and more information.

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Mock Trial Competition for Grades 3 Through 6

The deadline to enter our Law Fair (grades 3 - 6) and Law Adventure (grades 7 and 8) Competitions is January 31, 2018.Entries must be received at the New Jersey State Bar Foundation in New Brunswick by this date. Faxed or e-mail submissions will not be accepted. Please remember to read the competition booklets carefully and follow the rules. If you have any questions, please call Sheila Boro at 732-937-7519 or e-mail [email protected] .

On October 17, 2017, the Bar Foundation will conduct a FREE Law Fair/Law Adventure Workshop for teachers from 8:30 a.m. to 1:15 p.m. at the New Jersey Law Center in New Brunswick. Speakers will explain the elements of a mock trial and provide tips on how to prepare your mock trial case with your students. Students who won last year's competition will present their original mock trial. Teachers attending will receive professional development hours. To register for the workshop, click here or use the button below.

The New Jersey State Bar Foundation invites elementary school students and their teachers to submit original mock trial cases to the Law Fair 2018 Competition. There is no entry fee. The purpose is to promote understanding of the law and our justice system, and to educate students about their rights and responsibilities under the law.

Winners from grades 3 - 6 will perform their original mock trial cases at Law Fair programs in the spring at the New Jersey Law Center in New Brunswick.

Third- through sixth-grade teachers and their students are invited to attend the free Law Fair spring programs May 22, 23, 24 and 25 and serve as jurors. To register click here or use the button below.

The Law Fair 2018 Competition Rules Booklet will be available for downloading in September.
The Mock Trial Exercises for Grades 3 - 6, featuring winning cases from past Law Fair Competitions, can also be downloaded below.

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Law Fair Competition for Grades 3 to 6 | New Jersey State Bar Foundation

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The deadline to enter our Law Fair (grades 3 - 6) and Law Adventure (grades 7 and 8) Competitions is January 31, 2018.Entries must be received at the New Jersey State Bar Foundation in New Brunswick by this date. Faxed or e-mail submissions will not be accepted.

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Mock Trial Competition for Grades 7 and 8

The New Jersey State Bar Foundation invites seventh- and eighth-graders and their teachers to submit original mock trial cases to the Law Adventure 2021 Competition. There is no charge to enter. The cases must be suitable for use in the classroom as a tool to teach students about legal issues. Students must develop a case on one of two topics: (1) First Amendment Rights or (2) Public Health Law and Privacy Concerns.

To download the Law Adventure 2020-2021 Competition Rules Booklet, click here.

The deadline to enter has been extended to February 12, 2021 .Entries must be received on or before this date. Please remember to read the competition booklet carefully and follow the rules. If you have any questions, please call Sheila Boro at 732-937-7519 or e-mail sboro@njsbf.org.

Case entries are due by February 12, 2021 . To submit your case,

For a quick overview of the competition in a flyer you can share with colleagues, .

To view a PowerPoint presentation on how to prepare for competition, . To watch our Law Fair/Law Adventure webinar for teachers of grades 3-8, .

The Mock Trial Exercises for Grades 7 and 8, featuring winning cases from past Law Adventure Competitions, can be downloaded below.

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Law Adventure Competition for Grades 7 and 8 - New Jersey State Bar Foundation

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The New Jersey State Bar Foundation invites seventh- and eighth-graders and their teachers to submit original mock trial cases to the Law Adventure 2021 Competition. There is no charge to enter. The cases must be suitable for use in the classroom as a tool to teach students about legal issues.

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Earlier this year, I was called for jury duty and picked to serve. Friends I told most often expressed sympathy for my misfortune. But I look at it differently. First, jury duty is a responsibility of citizenship; make no mistake about that. Our system - our concept of a fair trial - rests on a process of advocacy to decide guilt or innocence, which is done by a jury of ordinary individuals, like you and me.

Beyond fulfilling my civic responsibility, I find jury duty to be a fascinating experience. I get to see the back-and-forth of a real trial (in contrast to a TV trial). I also get to know people, other jurors, who I probably would not otherwise meet. This is all to the good and relevant to us as educators.

Preparing students to fulfill their future civic responsibilities comes under our umbrella. Having students participate in a mock trial is one strategy for doing so. It has the added benefits of causing students to analyze, synthesize, and evaluate; to develop listening skills; and to gain confidence in public speaking.

To plan and carry out a mock trail, all you need is a set of facts, a statement of the relevant law, and students to role-play the individuals in the trial. For a civil (noncriminal) case, that includes the plaintiff or person making the complaint, the lawyer for the plaintiff, the defendant, the lawyer for the defendant, witnesses if any, the judge, and the jury.

For first-timers, the facts should be fairly straightforward. You can use the situation below or find other sample cases by doing a key-word search such as "[Name of State] Bar Association Mock Trial Middle School."
Martha raked the leaves in her neighbor's yard every Sunday during the fall. One Sunday Martha was sick, so she asked her friend Ted to rake for her. Martha agreed to pay Ted $20. Ted raked the leaves and left, but soon after he left, a wind kicked up and spread the leaves over the lawn. The neighbor, having returned from an all-day outing, called Martha to complain about the leaves and refused to pay her. When Martha went to inspect the lawn, she saw that the neighbor was right; leaves were everywhere. Martha photographed the lawn and refused to pay Ted the $20.
The law of Contracts applies to this situation. A contract is an agreement between two or more parties, which creates an obligation to do or avoid doing a particular thing. In this case, Ted's obligation is to rake the neighbor's lawn. Martha's obligation is to pay him $20 for doing so.

In making a mock trial happen, you can follow a plan of action similar to this:

Step 1: Discuss the facts of the case and the relevant law with students.

Step 2: Identify the people involved in the trial: plaintiff, defendant, witnesses, judge, jury, and lawyers.

Step 3: Summarize each person's role.

In the sample case, Ted is the plaintiff; Martha is the defendant. The judge's role is to make sure everyone follows the rules of the trial. The jury's role is to decide what happens and who wins. The role of the plaintiff's lawyer is to question witnesses in order to present the facts in the most favorable light for the plaintiff. The same is true for the defendant's lawyer.

Step 3: Outline the structure or flow of a trial:

Opening arguments, when the lawyers tell the judge and jury what they will show

Testimony, when witnesses answer lawyers' questions about the case

Closing arguments, when the lawyers tell the judge and jury what they have shown

Deliberation, when the jurors discuss and decide the case

Step 4: If your students are older, you may want to acquaint them with the concept of evidence. Legal evidence is proof. In the example, Martha's photograph of the neighbor's lawn may be evidence. The neighbor's testimony may also be evidence.

Rules govern the evidence that can be used in a trial. This is probably the most fundamental rule of all:

Only evidence relevant to the case may be used.

For example, a photograph of the neighbor's lawn taken after the leaves were raked may be relevant. A photograph of someone else's lawn is probably not relevant. Lawyers can argue at great length about whether a particular piece of evidence is relevant or not.

Even relevant evidence can be prohibited if it causes unfair prejudice.

Say Ted wants to tell the jurors that he thinks Martha is a mean person. Any relevance this could have is substantially outweighed by the danger that it would cause jurors to be unfairly prejudiced against Martha. The evidence would not be allowed. This rule gives the judge (i.e. you or a student) control over the trial and a way to redirect students to the relevant issues in the trial.

Say Ted says that in the past Martha has lied about pictures she's taken. This evidence may be relevant to whether the jurors believe what Martha says about the picture. The judge would have to decide whether to allow the evidence or not.

Step 5: Now you're ready to go. Assign or have students select their roles. To involve the whole class, have two or three students work together on some roles and increase the number of jurors.

As part of students' "training," you may want to have them read and discuss a pre-scripted trial. You'll find sample scripts at these sites:

Some scripts are based on real-world cases; others center on fairytales like Cinderella, which students are sure to enjoy.

Creating a mock trial is definitely something your students will not forget....and who knows where it may lead.... you may have some future lawyers in your midst!
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The legal information in this post was vetted by Denver attorney and former middle school teacher Adam Frank. (Mistakes are all mine, however.) For more information and videos of mock trials, check out these sites:

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Earlier this year, I was called for jury duty and picked to serve. Friends I told most often expressed sympathy for my misfortune. But I look at it differently. First, jury duty is a responsibility of citizenship; make no mistake about that.

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Outreach & Education Resources - civics_education

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The below resources include a mix of materials developed by the Judicial Council of California, local courts, the California Bar Association, and other non-profit civic education organizations. The resources may be useful in conducting community outreach and educating students about the role of an independent judiciary in our democracy.

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This mock trial scripts are especially designed for kids in the 4th to 6th grades.

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Practicing Collaborative Digital Writing with Mock Fairy Tale Trials Lesson

I had the pleasure of working with an amazing group of 4th graders over the past couple of weeks in a collaborative writing project that culminated in a mock trial or Jack of Jack and the Beanstalk fame and Gretel of Hansel and Gretel. For teachers looking for a highly engaging common core-aligned project that incorporates speaking and listening skills, technology and persuasive writing, read on for details! You can substitute with your own fairy tales, but I'm attaching a detailed lesson plan and all the necessary affidavits for teachers that want to implement this with minimal time investment.

Overview of Mock Fairy Tale Project

The class is divided into two groups and assigned one fairy tale per group. The fairy tale groups are then subdivided into "prosecution" and "defense" teams. Teams work together to develop opening statements using the affidavits provided by the two major witnesses in each tale. Questions for the witnesses are crafted by the students (which is a challenge!) and they learn about the court system by participating in a video call with a lawyer. We were lucky enough to host the head of our high school's Mock Trial team, who is also a lawyer and teacher along with a high school student co-captain of the mock trial team. They fielded questions from students to help them prepare for their trial and explained the concept of "burden of proof" to the kids. Video calls are a great way to bring special visitors to your classroom! Google Docs served as the perfect platform for the teams to work collaboratively on their writing of opening statements. Students were selected to act as witnesses during the mock trial. We began with the Jack & the Beanstalk trial. During the actual mock trial, which was presided over by our Superintendent, the jury was comprised of the students who were assigned the Hansel & Gretel trial, so everyone participated fully in each trial. The trials only lasted about 20 minutes each with a 5 minute deliberation, but the students will remember this experience for much longer!

Mock Fairy Tale Trial Lesson Plan Pacing Guide

Day 1 - Introduce activity & Read Jack & the Beanstalk

1. Introduce students to the activity and identify the two fairy tales that will be used.

2. Review elements of a fairy tale, focusing on "good vs evil" and ask students to consider what "crimes" were committed and by whom as you read each fairy tale.

3. After the each story is read, poll students to come up with a list of crimes and possible witnesses.

4. Teacher should record results of class brainstorming session in Google Doc for reference.

Day 2 - Read Hansel & Gretel

1. As with day 1, remind students to consider possible crimes and witnesses as they listen to the story of Hansel & Gretel.

2. Record the class consensus of the crimes and witnesses.

3. Ask students to decide who they think should be prosecuted in each of the stories. There is likely to be some discussion since many characters could be viewed as committing crimes. Guide students to focus on 1 defendant for each story and 2 major / most critical witnesses (1 being the defendant and a second witness).

4. (Optional) Prior to day 3, teacher can craft an arrest warrant for each of the defendants.

Day 3 - Opening Statements - Planning / Persuasion Map

1. Divide students into defense or prosecution teams for each fairy tale (4 teams total). Half of the class will work on Jack & the Beanstalk while the other half of the class is assigned Hansel & Gretel.

2. Explain to the students that they will be preparing "Opening Statements". Take time to explain how opening statements are a type of persuasive writing.

3. Distribute affidavits. Both the prosecution and defense teams should be given the affidavits for the trial (see links below). Teacher explains what an affidavit is and how the teams should use this information to complete their persuasion map graphic organizer.

4. Rotate around to the groups to provide guidance as students complete their graphic organizer.

Day 4 - Court system overview - Video call with attorney

Conduct a short (20 min) video call with a lawyer to introduce students to the role of the defense and prosecution teams. Explain the concept of "burden of proof" and allow time for students to ask questions.

Day 5 & 6 - Collaborate in Google Doc to write opening statement

1. Using the persuasion map graphic organizer as a reference, each student should be assigned a part of the opening statement: opening paragraph/introduction, main idea #1, main idea #2, main idea #3 or conclusion.

2. After creating a draft of their part of the opening statement on paper, students will add their contribution to the shared Google Doc.

3. Teacher will create and share (editing privileges) a Google Doc for student teams to collaborate to write their opening statements. Click HERE to view actual grade 4 student examples.

4. Teacher will use "comment" feature to provide feedback to students during the writing process and show students how to use (appropriately) the "chat" feature to have in-document discussions in Google Docs with their collaborators.

Day 7 - Develop questions for witnesses

Students will develop questions for the two witnesses in their trial; prosecution and defense witnesses. Teacher will provide guidance on appropriate questions and tips for questions. Explain difference between direct and cross examination. Help students understand the prosecution will have a primary witness and the defense will have a primary witness. Teams will develop questions for both direct and cross examination.

Day 8 - Refine questions, practice direct examination of witnesses & assignment of roles

Continue to support students on the development of questions. Prompt students to sequence questions in preparation for the trial. Assign the following roles: court clerk, lead prosecutor (spokesperson for prosecution team), lead defense attorney (spokesperson for defense team), witnesses (Jack, Giant, Witch, Gretel). Allow students to begin practicing their responses to direct questions.

Day 9 - Trial

Set up tables for the Prosecution and Defense teams. Instructions for the Court Clerk and Judge help guide the trial. We have a fun superintendent who was more than happy to serve as the Judge for our trials. The trials took approximately 20 minutes each and were followed by a 5 minute deliberation of the jury.

Author's note: The idea for this lesson and many of the materials used were adapted from original work from my mom, Kathleen Murphy, a highly committed middle school ELA teacher and overall amazing woman who passed away in December 2014. During one of our last conversations, she recollected, with enthusiasm, this lesson and detailed how she used to implement it, so it was my pleasure to see it come to life in my own school district and share it with a new generation of teachers!

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Mock Fairy Tale Trials - A Collaborative Writing Project

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I had the pleasure of working with an amazing group of 4th graders over the past couple of weeks in a collaborative writing project that culminated in a mock trial or Jack of Jack and the Beanstalk fame and Gretel of Hansel and Gretel.

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Big & Bad or Just Misunderstood: The Trial of Fairy Tale Characters: Process

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To introduce elementary students to classic fairy tales while learning persuasive argument writing skills, the concept of different perspectives, skills of debate, and critical thinking. Students will achieve an indepth knowledge of that fairy tale, especially its characters, including its history and influences.

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Magoffin County Schools Gifted and Talented Program Mock Trials

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Introduction
Welcome to Anderson Kill & Olick's Titanic mock trial site. Each year on Take Your Daughter to Work Day we conduct a mock trial to show our daughters and the daughters of many of our pro bono clients what we do each day. This year we staged the trial of The White Star Line, the operator of the R.M.S. Titanic. Our daughters were so interested in this trial, even more so than any of the previous mock trials we had done, that we decide to give everyone the opportunity to participate in this mock trial by posting trial materials on the Internet as part of our celebration of Law Day, May 1, 1998.
The Story for the most part is true. Hans Jensen and his fiancé, Carla Jensen were passengers on the Titanic along with Carla's uncle and cousin. Carla did have quarters in the single woman's section on the lower deck of the ship and did leave the Titanic in Life Boat 16. The evacuation process was supervised by Second Officer Lightoller, a witness in the mock trial. He was able to launch Collapsible Boat D, but this was the last lifeboat launched from the Titanic before it sank. As Boat D was being lowered past A-Deck, the other witness in the mock trial, Swedish Military Attaché Bjornstrom-Steffanson really did dive into the partially full lifeboat. The amazing story of Officer Lightoller being sucked under by the sinking ship and then blown back to the surface by an exploding boiler is also true. The information about what happened to Hans Jensen that night is speculation, because neither he, nor either of Carla's relatives survived the sinking of the Titantic. The sinking of the Titanic deeply affected Carla and when she died in 1980 she was buried in the nightgown that she wore the night she was lowered in Lifeboat 16 into the dark, freezing waters of the North Atlantic.

To Use the Site start with the basic facts below, then decide how you are going to proceed. The site has information about Hans Jensen, his fiancé Carla Christine Jensen who sues on Hans' behalf, the defendant White Star Lines and the witnesses, the Titanic's Second Officer Lightoller and Swedish military attaché Bjornstrom-Steffansson. A memoranda of law explaining negligence law and White Star's defenses to negligence are on the website along with an exhibit showing where each party was as the ship was being evacuated. A set of links provides more information about Titanic, the U.S. judicial process and Law Day. At the end of the testimony the judge has a jury charge to read to the jurors and they have a verdict sheet to fill out and return to the judge. In addition, a glossary of trial related terms is included.

The materials can be used in many different ways by a variety of groups. While designed for classroom use, the materials can be used by a scout troop for law merit badges, by an after school program, such as computer or debate club, or even by summer camp or party. Younger students may be most interested in finding out about the Titanic and doing research on the Internet, while older students can explore some of the more complex issues such as the jurisdiction of U.S. courts to decide cases between non-U.S. citizens. A Teacher's Guide provides more information about the American Judicial Process and ways to use the material.

THE FACTS: On Sunday, April 14, 1912, just four days after setting out on its first voyage with passengers aboard, the R.M.S.TITANIC passenger ship struck an iceberg off the coast of Newfoundland at 11:40 p.m., and subsequently sank at 2:20 a.m.
Of the 2,227 people aboard when the ship started its trans-Atlantic voyage a total of 1,522 died in the disaster. Among the dead, was a 20-year-old named Hans Peder Jensen. Jensen's fiancé, Carla Christine Jensen was among the remaining 705 passengers ultimately rescued by the CARPATHIA liner, several hours later.

On the fateful evening, the ship's radio room, received several ice-warning messages from other ships in the area; including the Baltic, the Caronia, the Amerika, and the Californian. According to the testimony of surviving officers, only the message from the Californian was posted in the chartroom.

At 9:20 p.m., Captain Smith retired for the evening, leaving Second Officer Lightoller in charge. Lightoller's watch was over at 10:00 and he then made his rounds of the ship before retiring to bed. Captain Smith was awoken at 11:40 p.m., by a grinding vibration, and proceeded to the bridge in his pajamas to investigate. He returned to his room, after a brief discussion with Third Officer Herbert Pitman about the noise. Ten minutes later, the severity of the situation was brought to Smith's attention by Fourth Officer Boxhall, who informed him that "the water was up to F-Deck in the Mail Room."

Upon receiving orders from Captain Smith, Second Officer Lightoller immediately began to load women and children into Lifeboats. During the next 2 ½ hours, many lifeboats left partially full. By 2:00 a.m., all but four lifeboats had been lowered, and every distress-flare had been fired.

At dawn on April 15th, 1912, the CARPATHIA arrived on the scene, and those who had not yet frozen in the icy, North Atlantic waters, were rescued.

Judicial Process | Plaintiff | Jury Charge | Verdict Sheet |Contact AKO Anderson Kill & Olick Home Page Defendant | Basic Facts | Negligence Law | Defenses | Witnesses

Home

| Links Glossary | Awards & Comments | Estate of Peder Jensen | Carla Christine Jensen's Information for her Attorney | The White Star Line | Second Officer Lightoller's Memo to the White Star's Lawyer | Mauritz Hakan Bjornstrom-Steffansson's Letter to White Star Line Counsel | Plaintiff's Exhibit I | Teacher's Guide to Jensen v. White Star Lines | The Judicial Process in the US

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Introduction Welcome to Anderson Kill & Olick's Titanic mock trial site. Each year on Take Your Daughter to Work Day we conduct a mock trial to show our daughters and the daughters of many of our pro bono clients what we do each day.

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2017 Middle School Mock Trial Competition

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Highlights from the 2017 Middle School Mock Trial Virtual Competition

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Good Intro to Roles in Mock Trial and Good Case Examples

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Good Intro to Roles in Mock Trial and Good Case Examples

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Application for Entries and Law Adventure information

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Application for Entries and Law Adventure information

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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Scripted Cases for Mock Trial

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Check out BC mock trials such as Humpty Dumpty vs. The King and more.

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acquittal appeal arraignment bailiff bar conviction counsel court clerk reporter cross-examination defendant defense attorney or public defender direct-examination foreperson grand jury indictment information judge judge's chambers room mistrial motion objection overruled plaintiff prosecutor sentence sustained trial verdict witness your honor cast of characters order in the setting scene words from script acquit arraign civil convict courtroom courts law criminal cross-examine indict legal phrases terms object overrule sustain

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Courts of law are the umpires of the American legal system. Two types of cases are taken to court, civil and criminal. Civil cases usually deal with disagreements about people's rights and duties toward one another. Criminal cases are brought by the government (either state or federal) against people accused of committing crimes.

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Teach and Learn With The Times: Resources for Bringing the World Into Your Classroom

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In this new Private i History Detectives unit, Elementary students analyze primary sources to discover how Constitutional Amendments attempted to address slavery's wrongs, how the courts challenged unfair laws, and how individuals and groups fought for civil rights.

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In this new Private i History Detectives unit, Elementary students analyze primary sources to discover how Constitutional Amendments attempted to address slavery's wrongs, how the courts challenged unfair laws, and how individuals and groups fought for civil rights.

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How to Write Opening and Closing Statements for Mock Trial

Posted bysglaw

Posted in Mock Trial

When students have a hard time writing a mock trial opening statement it is usually because they don't know where to start. It is helpful to know a little bit about what an opening statement is.scl mock pic 4 An opening statement is an opportunity to outline the case for the jury, and to let the jury know what to expect. It is not an opportunity to argue your case.

It is important to remember that jurors know very little about a case before it begins. In fact, lawyers and judges make sure that jurors know nothing about a case before it begins - that way the jurors can be fair and impartial. So an opening statement is an opportunity to let the jurors know what the case is about, and to let them know what evidence they should expect. It should provide an outline or a road map to help them follow along. The opening statement is also an opportunity to introduce the themes of the case. Here are outlines on how you can properly formulate an opening statement. Keep in mind that every case is different, and you are not bound by any particular format.

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How to Write Opening and Closing Statements for Mock Trial - Spokane Criminal Lawyer

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How to Write Opening and Closing Statements for Mock Trial Posted bysglaw Posted in Mock Trial When students have a hard time writing a mock trial opening statement it is usually because they don't know where to start.

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​Lawyers in both civil and criminal trials use direct and cross examination. This column uses the criminal trial as an example of how direct and cross examination of witnesses are conducted.
Q: What is "direct examination"? Q: How does a lawyer conduct a direct examination?
A: In "direct examination," an attorney questions a witness to get the witness's account ("testimony") of what happened during the event that triggered the trial. There is a lawyer who represents the defendant (the person accused of the alleged crime), and a lawyer for the prosecution, representing "the people" whose law the defendant has been accused of breaking. Both lawyers will conduct direct examinations of the witnesses they call to testify, and both will conduct these examinations to develop the facts (that is, what the witness observed that is relevant to the issues at trial). The lawyers expect that the witness's testimony will support their clients' views of what happened. In fact, the only purpose of direct examination is to present to the jury evidence that supports each lawyer's theory of a case. During direct examination, the lawyer questions a witness to get information before the jury that the lawyer expects will persuade the jury that the facts related by the witness are true, and that the jury should accept and believe them.

A: Often, the lawyer will begin by asking background questions to introduce the witness as a person who has many of the same personal characteristics that the jurors themselves possess. The lawyer does this based on the theory that jurors are be more likely to believe people they perceive are more like themselves. The lawyer's use of background questions may also help the witness to become more comfortable (and perhaps more persuasive) while on the witness stand.

After establishing the witnesses' background, the lawyer usually sets the scene for the witness's factual testimony. This shows the jury that the witness has personal knowledge from having observed or participated in the events in question. It also allows jurors to visualize the events as the testimony proceeds.
Q: What is cross examination?
The lawyer usually will ask the witness open-ended questions, so that the witness can testify fully about the topic in his or her own words. The jury may be more likely to accept information that comes directly from the witness rather than something suggested by the lawyer.

The lawyer's goal in conducting a direct examination is to leave jury members with the impression that they are listening to an interesting conversation between two people (questioning lawyer and answering witness) about a subject critical to proving the lawyer's side of the case. When done effectively, the lawyer is using the witness to tell part of a story to a jury in a manner advantageous to the lawyer's theory of his or her case.
Q: Why do lawyers use direct and cross examination to challenge the other side? This "Law You Can Use" column was provided by the Ohio State Bar Association. It was prepared by David C. Winters, an attorney in the Columbus office of James E. Arnold & Associates, LPA.
A: After each witness has been questioned during direct examination, the lawyer for each side has the chance to question the other side's witnesses. This is called "cross examination." The lawyer's purpose in conducting this questioning is to make his/her own side's case look better and to make his/her opponent's case look worse.

The first purpose of cross examination is to ask questions designed to get answers that will build up the credibility of the questioner's own witnesses. To do this, the lawyer carefully controls the witness by using "closed" questions (for example, questions that can only be answered "yes" or "no,"). In direct examination, the lawyer is not allowed to ask "leading" questions (such as, "The car was speeding down the highway, wasn't it?"). If the lawyer asks a leading question in a direct examination, the other side likely will object and the judge will likely uphold the objection. However, in cross examination, the lawyer not only can, but should use leading questions. The speeding car question, which is inappropriate on direct examination, is appropriate on cross-examination. When cross examination is executed properly, the lawyer will make statements or assertions that only allow the witness to respond with "yes" or "no." A second equally important purpose of cross examination is to impeach or undermine the witness's credibility or testimony so that the jury will no longer believe in or rely on that testimony.

A: Lawyers do not use examination and cross examination to make people "look bad." Rather, their aim is to fully and fairly represent their respective clients so that the judge and/or jury can get to the bottom of what actually happened and determine who should be held responsible. In our adversarial system of justice, the idea is that, when the lawyers on both sides of a matter are allowed to vigorously represent their clients' interests, the facts will come out and the jury will be able to determine the truth of the situation.

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What You Should Know about Direct and Cross Examination

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​Lawyers in both civil and criminal trials use direct and cross examination. This column uses the criminal trial as an example of how direct and cross examination of witnesses are conducted. Q: What is "direct examination"? Q: How does a lawyer conduct a direct examination?

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Tips for a Direct Examination in a Mock Trial

July 4, 2013 by mocktrialblahblahblah

Unlike a cross examination which is hard to plan, a direct examination is all about planning. Here are a few suggestions to help your mock trial direct examination go smoothly.

1. Make Sure Your Witness is Prepared
A witness needs to know his or her mock trial witness statement inside and out. When you rehearse, quiz them on all the facts in their witness statement to make sure they know their witness statement. This will help them on cross-examination too. Also, see our post on tips for witnesses.

2. Don't Attempt to Script the Direct Examination
While it is proper to prepare a list of questions or make an outline, you don't want to entirely script the direct examination. A cross examination that is totally scripted will sound artificial, and will lead your witness to be thrown off when there are objections, or if you have to rephrase the question.

3. Prepare for the "Leading Question" Objection
The "leading question" objection is the most important objection to know for a mock trial direct examination. See our earlier post on leading questions. Practice rephrasing your questions in a less leading manner. For example, instead of asking "Did the defendant point a gun at you?", you can ask "Was there anything in the defendants hand?" and when the witness responds "Yes, a gun", you can ask them "In what direction did the defendant point the gun."
4. Coordinate with the Attorney that is Doing the Closing Argument
It is important that you discuss your direct examination with your classmate that is doing the closing argument. You need to elicit or establish certain facts that he or she wants to use during their closing argument.
5. Lay the Foundation for Your Questions
If you have an expert witness, you will need to establish his or her qualifications before they can render an opinion. Likewise with fact witnesses you may need to explain how they know the information on the subject they wish to testify.
6. Prepare to Respond to Objections
The best way to prepare to respond to objections is to rehearse your mock trial and have a classmate make objections during your direct examination. There are two types of objections that you will face during your mock trial direct examination. There may be objections to the form of your question, and even if a question is proper, you may face objections on the response that your witness makes.
7. Study Examples of Direct Examinations
When I was in law school, I didn't have the internet as a resource to look at other trials. Today, mock trial competitors have lots of examples online for direct examination. See here, here and here.

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Tips for a Direct Examination in a Mock Trial

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Unlike a cross examination which is hard to plan, a direct examination is all about planning. Here are a few suggestions to help your mock trial direct examination go smoothly. 1. Make Sure Your Witness is Prepared A witness needs to know his or her mock trial witness statement inside and out.

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The Ultimate Guide to Objections in Mock Trial

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Few things are as intimidating to a new mock trial attorney as the concept of making objections during trial. An objection is a statement made by an attorney during a case for the purpose of questioning or challenging any specific evidence.