Mock Trial 1

Mock Trial Judging Form

(American Bar Association, 2002)

Some examples of Objections:

OBJECTION…

  1. The attorney is trying to trick the witness.
  1. The attorney is being hostile to the witness.
  1. The attorney is confusing the witness.
  1. The attorney is speaking in a manner in which the witness can not answer the question.
  1. The witness is not qualified to determine the validity of the document.
  1. The attorney is badgering the witness.
  1. Please instruct the attorney to refrain from giving statements, and instead ask questions.
  1. I object to the line of questioning. It is irrelevant.

The Judge can respond:

  1. Sustain – I agree
  2. Overrule – I do not agree
  3. Or, the Judge can ask the witness clarifying questions, such as, “Are you confused by the question?” If so, the Judge can ask the attorney to restate the question.

Ms. Francis – Social StudiesThe People vs. Captain Prescott

ATTORNEYS

Pre-Trial Materials:

Attorneys, during this process you will work hard to prepare your cases. Please provide me with the following:

Pre-trial Materials to hand in:

  1. The written opening argument speech and name of the attorney presenting the opening arguments. MAKE SURE YOUR OPENING ARGUMENT IS STRONG, CLEAR, DETAILED, AND PROVIDES THE JURY WITH AN IDEA OF THE DIRECTION YOU ARE PLANNING TO GO TO PRESENT YOUR CASE.
  2. The witness list in the order in which you will present your case. Also, the names of the attorneys who will interrogate each witness.
  3. Attach the primary sources your group has found that you intend on using as evidence for your case.

Due ______

Post-trial materials to hand in:

  1. The written closing argument speech and the name of the attorney presenting the closing arguments. (Remember, this is based upon the highlights of your case. It is a summary you would like to leave in the minds of the jury. REMEMBER MY EXAMPLE.)

This is due the last day, before the jury deliberates.

RESPONSIBILITIES (For everyone):

Your role is to watch attentively. During the course of the trial, you will write three journal entries that capture your thoughts, ideas, questions, and other thoughts that arose during the course of the trial. Feel free to pose questions or ask questions. Then try to answer your own questions. If you disagree with any events or line of questioning that took place, discuss it, and explain your views. If you have an opposing view, please share in your journal and write a counter-argument to your view.

Each journal entry must be typed and at least one page long.

You can write about things such as (just ideas):

  1. What do you think the prosecution or defense could have done to present their case better today? Explain what the events of the day and provide a detail explanation. Discuss how you would have completed the task differently.
  2. How would you have questioned a witness differently?
  3. Based upon the events of the day, what is a challenge that an attorney can face during the course of the trial?
  4. EVERYONE MUST ANSWER THIS QUESTION: How do you think this case relates to our society? How does it illustrate democracy-in-action? Are there any flaws? If so, what are they, and how do you suggest fixing them?

ATTORNEYS: You will only provide one journal entry that will focus on responding to “d”.

JURY RESPONSIBILITIES:

Please remember that you will have to deliberate over each charge. There must be a consensus. Each of you must take detailed notes to aid in your deliberation.

Thank you!

Name______

Ms. FrancisS.S. ______Period

Reflection: The People vs. Captain Prescott

  1. What was your role in the mock trial case, The People vs. Christopher Columbus?
  1. Non-Attorneys Only: What do you think attorneys have to do to prepare for the trial? Has this change your perception of the role of attorneys, and the level of work that goes into preparing for a case? Please explain.
  1. Attorneys Only: How did you prepare for the trial? Has this changed your perception of the role of attorneys in real-life, and the level of work that goes into preparing for a case? Please explain.
  1. What did you enjoy about the experience? Please elaborate.
  1. During this experience, how did you collaborate with your classmates?
  1. Were there any areas of this experience you did not enjoy? Please explain.
  1. What were some of the challenges or difficulties that you have experienced as a witness, jury member, attorney, judge or balliff? Please explain.
  1. How did this class experience differ from other activities we have engaged in? Please elaborate
  1. How did this experience illustrate to you the role of democracy (rule of the people) in our society? Please explain.
  1. What suggestions do you have for us to improve future mock trials in our class?
  1. What role would you like to have in a future mock trial?
  1. Is there anything else you would like to add?

Thank you!