SCHOOL MOCK TRIAL
COMPETITOR’S MANUAL
SECTION 1
INTRODUCTION
WHAT IS A MOCK TRIAL?
The Mock Trial competition aims to:
1.Develop a discipline in the presentation of the persuasive argument.
2.Combine the learning of facts, principles and procedures with court room
drama.
3.Provide students with an awareness of the functioning of the legal system.
4.Derive enjoyment.
The organizers seek the assistance and co-operation of those involved to ensure that the trials be as harmonious and constructive as possible.
WHO PARTICIPATES IN A MOCK TRIAL?
Each school team will consist of six students. This includes two Barristers, two Witnesses, an instructing solicitor and a Court Officer or clerk. Persons from each team nominated for this role will share the role of Court Officer.
People who attend to observe might be asked to sit on the jury.
SECTION 2
SCORING
Each team will receive points understanding of the case, knowledge of court procedure and presentation.
The following points should be considered:
1.Points will be deducted for:
- Editing or omitting material from witnesses” statements so as to reduce opportunities for objections.
2.Points will be awarded for:
- Demonstrating an awareness of relevant principles in re-examination or refraining from re-examination.
- Taking and respond to objections, demonstrating awareness of relevant principles and capacity to make logical, well argued submissions based on those principles.
- Persuasion in the closing address. That is, the ability to persuade the Magistrate or Judge as to why the witnesses should be believed in preference to other witnesses. Cases should be used to identify principles of law relevant to the case or to distinguish between the law and the facts of the case.
- Overall presentation of the case, including co-ordination of approach and anticipation of opponent’s case so as to counter their arguments.
3.A score sheet is used by the adjudicator.
SECTION 3
PROVING CASES
In a civil case the plaintiff is required to prove his case “on the balance of probabilities”. That is, this his/her version of the facts is more probably that not.
In a criminal case the prosecution has to convince the Magistrate/Judge that the accused is “guilty beyond reasonable doubt”.
SECTION 4
PROCEDURE OF THE TRIAL
(a)BEFORE THE TRIAL COMMENCES
Both teamsComplete the Notice of Appearance.
BDURING THE PROCEEDINGS
Magistrates Clerk &See the following
Court Officer
(c)THE PROCEEDINGS
1.Judge
Knocks on the door to indicate that he/she is ready.
2.Court Officer
OPENING OF THE COURT –As the Judge enters says
“Silence. All stand, please”.
3.Judge
Enters and bows. All bow.
4.Judge
Sits. All sit.
5.Court Officer
Announces, “This Mock court is now in sitting” and should maintain order in the court from this point on.
NOTE:FROM THIS POINT ON STUDENTS MAY NOT BE ASSISTED BY TEACHERS, COACHES OR OTHERS.
6.Court Officer
Call the case
Eg. Prosecution against Robson (Criminal matter)
Robson and Jones (Civil matter)
7.Judge
Ask for the Appearance in the case.
8.Plaintiff or Prosecution. First Barrister
Introduces his or her team by saying: “If your Honour pleases, my name is X and I am appearing with my learned friend Y for the plaintiff or prosecution. We are instructed by Z”.
9.Defendant. First Barrister
Introduces his or her team in a like manner.
10.Plaintiff or Prosecution. First Barrister
OPENING ADDRESS – Briefly explains the plaintiff or prosecution side of the case, through summarising the nature and extent of the evidence to be called. This should identify the issues between parties to be proved (see The Pleadings/Charge Sheet) and how they will be proved.
11.Defendant’s First Barrister.
OPENING ADDRESS – Briefly explains the defendant’s side of the case. For further details see point (10).
12.Judge
Requests the Plaintiff or Prosecution Barrister to call the first witness for his or her case.
He or she says: “I call”.
13.Court Officer
CALL WITNESS
Calls the name of the plaintiff’s first witness, escorts the witness to the witness stand and swears him or her.
SWEAR WITNESS
The Court Officer says”:
“It is your duty to assist the Court in these proceedings by faithfully answering the questions put to you. Do you understandthis?”
14.Witness
“Yes”
NOTE:A Bible should not be used to swear witnesses.
In this context the word “faithfully” will be taken to refer to the observance of the rules for witnesses set out in this manual. This is done in respect of all witnesses called.
15.Plaintiff or Prosecution’s First Barrister
The first witness is EXAMINED INCHIEF. The purpose is for the witness to place his or her statement of oral evidence before the court. The witness must keep to the facts set out in the statement, must use all the material in the statement and not add to the statement.
The barrister must bring out everything the witness can tell to prove the case without suggesting what to say ie. “leading the witness” is not allowed. For example, instead of saying “Did you see the defendant strike the plaintiff?” you would say “….and what happened next?” and hope the witness will say “ . . . . .I saw the defendant strike X”. If a leading question is asked the opposing Barrister is entitled to object. A way to avoid leading the witness is to start your questions with who, what, when, where and how.
16.Defendant’s First Barrister
The first witness is CROSS-EXAMINED. The object is to prove the defendant’s case or to disprove the plaintiffs or prosecution’s case.
To disprove a case the barrister should examine:
1.The competence of the witness and quality of evidence.
(b)accurate recall
(c)narrative ability
(d)perception to give evidence of what was seen eg. he was affected by alcohol or drugs to think clearly; he was too far away to really see.
2.The credibility of the witness
(a)bias, interest, prejudice eg. he is a close friend or related he has a bias against the plaintiff or defendant
(b)prior convictions eg. has a number of convictions for lying
(c)moral character eg. he has a reputation for lying.
(d)inconsistent statements between what is written and the evidence given at the trial.
3.The Barrister should avoid:
(a)quarrelling with the witness
(b)bullying the witness to admit that he or she is wrong
(c)asking the witness a number of questions at the same time, without allowing the witness to answer each question in turn.
When matters outside the witness statement are questions the witness may bring in additional evidence which is within the general area of the material in the statements of either witness for that team or may answer “I don’t know” or “I can’t remember” provided such answers do not alter the facts of the case.
17.Plaintiff” or Prosecution’s First Barrister.
May RE-EXAMINE the witness. The Barrister can only re-examine to clarify evidence given in cross-examination. Leading questions should not be asked.
18.Plaintiff or Prosecution’s second Barrister
EXAMINATION-IN-CHIEF of second witness. For further details see point 16).
19.Defendant’s second Barrister
CROSS-EXAMINATION of second witness. For further details see point 17.
20.Plaintiff or Prosecution’s second Barrister
May RE-EXAMINE the witness. For further details see point 18
21.Plaintiff or Prosecution’s second Barrister.
At the end of case says: “Your Honour, that is the case for the Plaintiff or Prosecution”.
22.Defendant’s Barristers
Call the witness. The procedures are identical to those outlined for the plaintiff or prosecution.
23.Defendant’s Second Barrister
At the end of the case says: “Your Honour that is the case for the defendant”.
24.Judge
Adjourns the court for approximately ten minutes.
25.Court Officer
The Court Officer says: “All stand! This Mock Court is now adjourned”.
26.Judge
Bows. All Bow
27.Court Officer
After the adjournment, the Court Officer says: “All stand ! This Mock Court is now resumed”.
28.Plaintiff or Prosecution
Second Barrister
CLOSING ADDRESS – The aim is to summarise the case, highlight the evidence that was given, in support of our case. This includes making submissions on the principles of law which are relevant to the case and the law which may be distinguished from the facts of the case. Refer to the General Precedents.
STEPS:
1.Identify the relevant issues. A Plaintiff or Prosecutor limits the issues to be proven and then shows how the evidence proves them. A Defendant Barrister creates as many issues as possible and cast doubt as to whether the plaintiff or prosecution has proven them.
When conflicting evidence exists from both sides that cannot be reconciled, the Barrister must persuade the Judge as to why his or her witness should be believed in preference to the witness of the other party.
2.Make submissions as to the law. Identify prior decisions which favour your case and show how the decision applies to the proven facts of your case. Discuss the decisions which favour your opponent’s case and distinguish those decisions. That is, show why these decisions should not apply to the facts of your case.
29.Defendant’s Second Barrister
CLOSING ADDRESS – This aims toidentify from the evidence before the court, areas where the plaintiff or prosecution have failed to prove its case or where the defendant has made out his defence. You should identify the law insupport of your case and distinguish between the law and the facts of the case. For further details see point 28.
30.Judge
The Judge will give a short judgement in the case and announces the winning team.
31.Court Officer
Closes the court. The form of closing will be: “All stand! This Mock Court is now adjourned”.
ADDITIONAL INFORMATION
Each team will consist of two Barristers, two Witnesses, the Instructing Solicitor and a Court Officer.
The roles of the Barristers, Witnesses and Court Officer are outlined above. The role of the Solicitor is to:
- Coordinate the preparation of the case and instruct the Barristers during the hearing of the case. For example, the solicitor could summarise and contrast the evidence given in preparation for the Closing Address.
- Prepare pre-trial notes for the case including identifying relevant issues, area of cross-examination, likely objections and responses which show that the team has a good understanding of the case.
- Assist Barristers in the conduct of the base by recording the evidence given and pointing out to the Barrister matters such as objections to be taken or responded to, questions for cross-examination or re-examination.
SECTION 5
RULES OF EVIDENCE AND OBJECTIONS
Only the Barrister responsible for examining, cross-examining and re-examining the witness may object to questions put to the witness or evidence given by the witness.
Objections should be confined to:
1.Relevance
Only relevant evidence is admissible. The evidence must prove or tend to prove fact that is in dispute. For example, where two motor vehicles are in a collision, the speed that the vehicles were traveling at would be relevant while whether the drivers had breakfast would be irrelevant.
2.Opinion Evidence
Conclusion or views formed by witnesses based on facts which they have observed may not be given as evidence. For example, the opinion that a person was upset or angry would not be admissible.
The exception to this rule is where evidence is given by an expert in the field to which the opinion relates. It must be firstly established that this witness is an expert in the field. This is done by leading questions of his or her qualifications and experience.
3.Hearsay
This is a statement by a witness of what he or she heard someone else say and is not admissible as evidence.
The exceptions to the rule are:
(a)when the statement is made in the ‘heat of the moment’ and forms part of the overall picture of what occurred.
(b)when the statement is made by one of the parties in the proceedings and is against the party’s interest (ie. an admission)
(c)when the relevance of the contents of the statement is not to establish the truth of the statement but only the fact that the statement was made.
4.Character of Evidence
The plaintiff or prosecution may not lead evidence of bad character of a defendant. Evidence of good character may be led but only if it is relevant.
5.Direct Speech
Witnesses statements of oral evidence should be related in direct speech. That is, as it occurred and not summarized by the witness.
6.Other Objections
(a)Asking leading questions in examination in-chief or re-examination
(b)Asking double questions
(c)Harassing and arguing with witnesses (usually in cross-examination)
Failing to comply to the rule in Browne v Dunn
The Rule in Browne v Dunn requires a cross-examiner that intends to rely on evidence that is contradictory to the evidence given by the witness, must put to the witness the nature of the contradictory evidence.
This means, that if the rule is breached by one side, any subsequent evidence which has not been put to the opposition’s witness must be excluded. This may often handicap the side taking the objection as there is usually other material in the statement – intentionally – to which they must object and score points. By foregoing this opportunity, the team may win the case on the Browne v Dunn rule, but lose the overall mock trial which is judged on presentation and other factors.
Thus, once an objection has been in relation to the rule and points awarded if made correctly, the evidence should continue until completion, allowing further objections. In the closing address, the second barrister may then refer to the breach of the rule by the other team and submit that the evidence should not be taken into account because of that breach. This still give the team that has correctly applied the rule the opportunity to “win” the legal issue if the mock trial were to turn on material excluded by the breach.
SCHOOL MOCK TRIAL
Date:______
NOTICE OF APPEARANCE
Name of Case:
1st Barrister
2nd Barrister
Solicitor
1st Witness
2nd Witness
Other
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