St. Edmund Mock Trial Preparation Document 2012
This performance task is worth 10% of your final grade
You will be presenting this Mock Trial in the school Theatre in front of
Various classes ranging from grade 9 to grade 12
You always want to present the very best possible work
Any question ask for assistance, you must learn to self advocate now,
not later
Trial Sequence Chart
1. Call to Order …………………………………………………………1minute
2. Team Introductions…………………………………………………………2 minutes
3. Reading of the Charge………………………………………………………2 minutes
4. Entering of a Plea……………………………………………………………1 minute
5. Opening Statement by Crown Prosecutor…………………………………… 4 minute
6. Examination of Crown Witnesses (2)…………………12 minutes (6 minutes each)
-Examination-in-chief-Crown prosecution
-Cross-examination- Defence Counsel
8 minutes (4 minutes each)
7. Opening statement by Defence counsel……………………………………….4 minutes
8. Examination of Defence Witnesses (2)…………………12 minutes (6 minutes each)
-Examination-in-chief (Defence counsel)
-Cross-examination (Crown prosecution)
8 minutes (4 minutes each)
9. Recess……………………………………………………………………….4 minutes
10. Closing Statements………………………………………10 minutes/ 5 minutes each
11. Justice Scapicchio and Stewart give direction to the jury………… 2 minutes
12. Juries delivery of verdict……………………………………….. 2 minutes
Mock Trial Preparation Package 2011
How to Prepare an Opening Statement:
Your opening statement is where you lay the foundation of your teams story, you must
use the this time to express to the court room why you believe the accused is guilty or not
guilty and what evidence your side will present to the court today to support your
theory/story.
Plant as many seeds as possible to successfully leave an impression with the jury and the
judge of that message you will present today.
If you are the crown reference the charge(s) and why the accused will be found guilty. If
you are the defence state clearly why your client will be found not guilty, was mens rea
and actus rea present?
Your only statement is clear; it creates a picture a reference point as to where your team
would like to go with this case.
This is your first opportunity to address the courtroom use it well, think of your self as a
gardener laying the seeds to success, the more seeds you plant the better your chances of
your garden blooming at the end.
How to Prepare your questions for the Examination in Chief
This is your opportunity to ask questions that will support your case, these are your
witnesses, they like you and you like them.
Start of with very basic information such as name, age, occupation, and anything they
know about the case that will aid you.
You are very calm on the direct, as you have worked hours to prepare for this case and
the opportunity to question your own witness that will support you.
How to Prepare for Cross-Examination Questions
This is not your witness, you are adversely, that is you are against each other
Do not ask questions that have already been asked, in the direct
Do not ask their name, age, occupation, that is usually presented in the Direct
You must be ready in the Cross as a lawyer for ANYTHING!!!, You must make a
question Tree..
A question tree allows for you to be prepared ex: Did you see the Mr. Smith at 2am on
the night in the question? Ans1 yes, and then move on to quest#2 if not have another
question, ready.
Mock Trial Preparation Package 2011
The question tree allows for you the lawyer to be ready for whatever is possible. Success
will come on the cross examination if you are able to extract the necessary information,
and not be stumped!
The moment you are stumped, the witness and the opposing side wins
Types of Questions
No Leading Questions during the direct examination:
A witness must tell you what happened without prompting.
You may ask your witness what happened, but you may not ask questions which give
away what answer you want
Ex: Tell us what you saw- correct
Ex: Did you see the green truck hit the red car?-incorrect
Ex: What happened next? - Correct
Ex: Did he hit him them?-Incorrect
No hearsay questions:
You may only ask your witness about those things which he/she saw or experienced. A
witness may not talk about things he/she has been told by someone else
Ex: I saw 5 cats in Mrs. Smiths’ kitchen. - Correct
Ex: Joan told me Mrs. Smith has 5 cats. - Incorrect
No Opinion Questions
You may not ask your witness’s opinion about things other than common knowledge
unless he/she as already been qualified as an expert in the field.
Ex: An average citizen can offer an idea about the speed of a car, or the height of a
person, however, only an expert, an auto mechanic for example could provide an accurate
statement about the condition of the brake linings in a car.
NOTE: Only on the cross examination can a leading question be
posed/asked
Mock Trial Preparation Package 2011
When can you Object- Also know as Rules of Evidence
Either the Crown or the Defence counsel may object to a line of questioning or the
admission of an exhibit. It is up to the judge to either allow the objection-sustain-, which
prevents the evidence from being introduced.
Or the judge could overrule the objection, allowing the question to be answered or the
exhibit to be introduced
An objection is made by one team lawyer standing up and stating “Objection,
your Honour…this question is not relevant/is leading/calls for hearsay/calls for
an opinion”- only one can be used.
The matter is not relevant:
To be admissible, evidence must be relevant, reliable, and fair. Irrelevant information is
not related to an issued in dispute
The question calls for hearsay
Witnesses can only testify to what they know from personal knowledge, they usually
cannot repeat what they heard someone else say.
Ex: I saw a gun- correct
Ex: Bill said he saw a gun-incorrect
The question calls for an opinion
Only after a witness has been qualified as an expert can she or he be asked for an opinion
Counsel is leading the witness
Examining counsel must allow their witnesses to tell their own story. The expected
answer cannot be indicated by the wording of the question
Ex: What time was your appointment?- correct
Ex: Your appointment was at 3pm-incorrect
The witness is uncooperative:
The witness’s response does not address the question asked or the witness is hostile
Facts not in evidence
Lawyers can use this if the witness has said something that clearly departs from the fact
sheets provided (e.g not a reasonable inference)
Mock Trial Preparation Package 2011
Entering Exhibits
Every exhibit must be introduced through an appropriate witness who can identify it and
tell the court what connection the exhibit has with the crime. Counsel will introduce the
exhibit in the course of examining that witness, Often counsel must establish a chain of
control(continuity) by having all witnesses who handled an exhibit testify. This may be
important to establish that the exhibit has been tampered with in any way.
Example:
Counsel: Do you recognize this diagram?
Witness: Yes, I drew it.
Counsel: When?
Witness: Shortly after the incident occurred.
Counsel: How cab you be sure?
Witness: You will notice that it is dated and initialled in the bottom right-handed corner
by me
Counsel: Does it fairly and accurately depict the scene as you recall it?
Witness: Yes, it isn’t drawn to scale, but it does show where everyone was standing.
Counsel: Your Honour, I would like this diagram to be introduced as an exhibit
Mock Trial Preparation Package 2011
How to Prepare if you are a Witness
This role that you are playing is key to your case
Success really relies on you
Know the facts of the case inside out!!! You cannot be
stumped
Sit up straight
Speak clearly
Do not joke around
Never lose your temper
Do not ever argue with anyone in the courtroom
Keep in character at all times
Dress the role, you may have to bring some clothing in or visit-Value Village, Goodwill,
and buy some clothing, whatever it takes to persuade the court room
If you need to cry in some moments cry
If you become emotional overwhelmed take a moment in the courtroom and have a glass
of water calm you’re self down
Always answer questions that are presented to you
If you don’t know an answer state that
If a question is asked that your lawyers should object to and they don’t you have to
answer some how some way
Never guess an answer it will be obvious and it will hurt you and your team
If you don’t understand a question ask for it to be repeated, but do not do so for the sake
of being difficult
Do not antagonize or try to anger counsel
Remember your success is your team’s success…
How to Declare a Witness as an Expert
You must ask a serious of question that leads up to a witness be declared an expert in any
given field.
Ex:
Counsel: Dr. Smith you graduated from the University of Toronto
Witness: yes in 1989, then I went on to medical school at Queens University
Counsel: When did you graduate medical school at Queens?
Witness: In 1995 with a specialization in internal medicine
Counsel: What do you do now Dr. Smith?
Witness: I am chief of internal medicine at Toronto general hospital, and professor at
University of Toronto medical school
Counsel: Have you written any books or articles on internal medicine?
Witness: I have 10 published books and hundreds or articles
Counsel: If it pleases the court we would like to have Dr. Smith entered as a expert
witness in the area of internal medicine….
Mock Trial Preparation Package 2011
TIPS FOR ADDRESSING THE COURT
Always the address your comments to the court, Your Honour, Your Honours not to opposing
counsel, there should be no exchange of communication directly between counsels. There are no
sidebars with judges in Canadian courtrooms.
When making submissions to the court, it should never be” I think” but should be always “we
submit”
When opposing counsel stands to speak, sit down, until asked to speak by the bench
Do not interrupt other counsel unless it is to make an objection
Do not interrupt other counsel during submissions-Opening/ClosingAlways ask the court for permission to proceed…to call your witnesses to cross exam, to open to
close.
Always speak in a respectful tone and manner, a courtroom is a highly regarded place in society
You’re Closing Statement
Both Crown and Defence must state why guilt or why reasonable doubt exists.
Highlight actual testimony that was presented in the courtroom today…
Create a list of events and eyewitness statement that clearly supports your side.
State the charge again and why the accused did commit the said offence as proven today
or why reasonable exists and thus the accused should go free.
Reference the Actus and Mens rea of the case and where, why, how, when they exist or
why they don’t exist.
Make a clear connection between the testimony and evidence.
Mock Trial Preparation Package 2011