MINI-MOCK TRIAL MANUAL 
Designed for English 12 (Literature of Britain)
1999

STUDENTS WILL:

Become familiar with the American trial system
Analyze a piece of literature
Use their creativity to create characters (witnesses)
Exercise critical thinking skills
Learn to work in a successful group

DIRECTIONS: 

Each member of the support group must be familiar with the
terms and procedures of this manual. Go over it as a a group and study it
at home. This will help your support group be more successful.

*On a separate sheet of paper, write down the different crimes committed in
Beowulf. Record as many crimes as you can.
*After you have chosen a crime, send one person from your support group to
the judge for approval.
*Examine and discuss the facts of the case, witness testimony, and the
points for each side. Record key information as discussion proceeds, so that
it can be referred to in the future.
*Assign group members to their positions.
*Your team will prepare both the prosecuting and defense cases. And unlike
formal mock trials, all of your team will stay together. 
*Practice your trial so that it goes smoothly on the day of your
³performance.²
*In your trial, each attorney must "object" at least twice. You may object
more often, but be careful not to overdo it. Yes, this means that each
attorney must plan his mistakes.
*You may have to work on this trial outside of class.
*Your support group will be graded on both the performance and the written
work. Individual grades will also be given.

Some of the most important skills for team members to learn are:

1. Deciding which points are the most important to prove your side of the
case and making sure such proof takes place.
2. Stating clearly what you intend to prove in an opening statement and then
arguing effectively in your closing that the facts and evidence presented
have proven your case.
3. Following the formality of the court, e.g., standing up when the judge
enters or when addressing the judge, calling the judge "Your Honor," etc.
4. Phrasing direct examination questions that are not leading (carefully
review the rules of evidence and watch for this type of questioning in
practice sessions).
5. Refraining from asking so many questions on cross-examination that
well-made points are lost. When a witness has been contradicted or otherwise
discredited, learn to limit additional questions, as they often lesses the
impact of previously made points.
6. Thinking quickly on your feet when a witness gives an unexpected answer,
an attorney asks unexpected questions, or a judge throws questions at you.
7. Recognizing which questions and answers are objectionable, offering those
objections quickly, and providing the appropriate basis for the objection.
8. Paying attention to all facets of the trial, not just the parts that
directly affect your presentation. All information heard is influential!
Learn to listen and incorporate information so that your presentation,
whether as a witness or as an attorney, is the most effective it can be.
9. The mock trial should be as enjoyable as it is educational. When winning
becomes your primary motivation, the whole competition is diminished.

The Parties to a Civil Trial:
 
Plaintiff. The plaintiff is the person who begins the suit. In the
complaint, the plaintiff states, or alleges, that he or she was injured by
the conduct of another. The plaintiff usually is represented by a lawyer. 

Prosecuting Attorney: In this case, the P.A. and the plaintiff will
probably be the same person. The P.A. may represent the state (as in the
case of murder) because the actual victim (or plaintiff) may not be
available. But your support group may choose to have both a plaintiff and a
P.A. Then the plaintiff would also be a witness.

Defendant. The defendant is the individual sued by the plaintiff (if a
civil case). In this trial, you will be presenting a criminal case. The
defendant usually is also represented by a lawyer. 

Defense Attorney: This person disputes the statements or allegations or may
admit the allegations, but argue that he/she has a valid defense to the
claims (such as self-defense).

The Judge. The judge decides which disputed facts (evidence), may be
presented to the jury. The judge also tells the jury in "jury instructions"
what the applicable law is. The judge decides the issues of law (see the
glossary) in the case. In this trial, your teacher will act as the judge.

The Jury. The jury is usually a group of ordinary citizens selected to
decide the case. A jury usually is made up of a group of six or twelve
individuals, depending on state law. In most states, a jury must reach a
unanimous verdict. That is, all members of the jury must agree with the
decision. Some states allow for less than a unanimous verdict in some civil
cases. If less than the required number of jurors agree, then the jury is a
"hung jury." That means that the jury was unable to reach a decision. In
that case, the case can be tried again. In this trial, your teacher will
act as he jury.

Witnesses. Witnesses must have specific knowledge of what happened. 
Witnesses are generally not allowed to present hearsay testimony (such as
gossip). Expert witnesses may not know the specific facts in the case but
may use their specialized knowledge to help the jury understand complex
evidence, such as the degree of intoxication that results from drinking
certain amounts of liquor.
 
The Bailiff. The bailiff is a court officer charged with keeping order in
the court and helping the jury. A bailiff also may oversee custody of
prisoners while in court during criminal cases. A class bailiff will be
assigned to procede over all cases.

Order of proceedings (In our classroom; this order would be altered with
presence of jury)

1. Call to order by bailiff.
2. Greeting/welcome by judge.
3. Clerk calls the case. Bailiff calls for respondent and jurors.
4. Respondent is seated at the defense table. 
5. Judge gives a brief description of the case.
6. Prosecution's opening statement. (2-5 min)
7. Defense's opening statement. (2-5 min.)
8. 1st witness to witness box, and the clerk wears him/her in.
9. Defense direct examination. (4-7 min.)
10. Prosecution cross examination. (4-7 min.)
11. Redirect or recross, if requested.
12. Witness steps down.
13. Call of next witness (then repeat of #s 8-12 for each witness)
14. Prosecution closing argument. (2-5 min.)
15. Defense closing argument. (2-5 min.)
16. Prosecution rebuttal. (optional)
17. Clerk call the next case. (if there is one.)

Objections (used by the attorneys)

Ambiguous- question is vague, uncertain in meaning, or capable of being
understood in more than one way.

Asked and Answered- should be used to stop repetitive questioning.

Argumentative- permits opposing counsel to badger the respondent into
changing his story even though he may not mean to do so.

Assumes facts not in evidence- the question may trap the respondent into
affirming the truth of the assumed fact, without meaning to do so.

Badgering- the attorney is asking questions in such a way that is
intimidating or upsetting the witness.

Calls for speculation- witness is asked to just guess at the answer.

Irrelevant- unconnected with the case.

Leading- should be made as soon as it becomes apparent that opposing counsel
is testifying for the respondent.

Multiple questions- question is really a series of questions and the jury
may be confused as to which question is being answered.

Repetitive questions- question needlessly repeats prior questions without
adding to the evidence. The question has previously been asked and answered.
NOTE: An attorney, on cross-examination, may repeat a question asked on
direct and may at times repeat his own question for emphasis.

Please, notice that I occasionally replace respondent with witness. For all
practical purposes, they are exactly the same. At this time, you can
probably proceed with your trial.

GOOD LUCK!


PLEASE WRITE THE NAMES OF THE STUDENTS ASSIGNED TO EACH POSITION:

PLAINTIFF: ____________________________________

PROSECUTING ATTORNEY: ____________________________________

DEPENDENT: ____________________________________

DEFENSE ATTORNEY: ____________________________________

WITNESSES: ____________________________________

____________________________________

____________________________________


ITEMS DUE ON THE DAY OF YOUR TRIAL

The bailiff will collect a folder from your support group on the day of your
trial (after your trial has been completed.) You may use either a file
folder or a report folder. Do not use a binder. You may type or hand write
(in ink) the required items. You may be creative in the presentation of
your groupıs folder. In the folder will be the following items:

A. Your groupıs initial brainstorm of the crimes committed in Beowulf

B. A paragraph explaining why your group chose your particular crime

C. Information from both the prosecuting and defense attorney
1. Opening statements
2. Closing statements
3. All witness questions

D Witness information

1. A 200-250 word affidavit (character description using "I" and
involvement in the case) from each witness
2. Questions and answers (try to justify each answer from the book and
record the page# next to your answer)