Ms. Panasyan’s Social Studies
class vs. Hernan Cortes
Mock trial
Witnesses against Cortes
(Prosecution witnesses)
1.
2.
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4.
Governor of Cuba, Velasquez
Citizen of Tenochtitlan
Aztec Warrior
Montezuma II
Witnesses for Cortes
(Defense witnesses)
1.
2.
3.
4.
King Charles V
Tlaxalteca
Pedro de Alvarado
La Malinche
Hernan Cortes (the defendant)
• You must research Cortés's biography and know
it well as your own
• You will be called to testimony
• You must answer the questions of Prosecution
and Defense
• You should be able to explain the conquest of
Mexico to justify your actions
• You should plead “Not guilty”
• Be ready to be either thrown in jail or walk free
depending on the verdict
All witnesses
• You need to know your biography: where were
you born, how old are you, family status, etc
• What type of job do you do
• How are you related to this case
• Where were you in the time of the event
• Why do you support or oppose the defendant
• YOU NEED TO USE EVIDENCE (QUOTE
HISTORICAL SOURCES) TO MAKE YOUR
TESTIMONY STRONGER
Attorneys (Lawyers) for Prosecution
• You need to develop questions to ask your own
witnesses
• Your job is to train your own witnesses and to rehearse
their direct examination to make sure they say what
you need them to say during the trial
• You also need to develop questions to cross examine
the defense witnesses to prove that Cortes is guilty
• You need to know what roles did all witnesses play to
either help you to prove your case or they might testify
against your case
Attorneys( lawyers) for Defense
• You need to develop questions to ask your own witnesses
• Your job is to train your own witnesses and to rehearse
their direct examination to make sure they say what you
need them to say during the trial
• You also need to develop questions to cross examine the
prosecution witnesses to prove that Cortes is NOT guilty
• You need to know what roles did all witnesses play to either
help you to prove your case or they might testify against
your case
• YOU NEED TO USE TEXTUAL EVIDENCE TO CROSS EXAMINE
THE WITNESESS AND TO PROVE YOUR CASE
All attorneys questioning techniques
• Ask the basics: who, what, where, when?
• Only ask questions that help the case. Do not
waste judge’s and jurors' time
• If a witness refuses to cooperate or becomes
hostile ask bailiff to treat him as a hostile
witness ( bailiff will escort him/her to the
caged bench and the witness will loose their
opportunity to testify)
Court terminology for attorneys
• You must refer to the judge “Your honor”
• You must refer to Cortes as “defendant”
• When you introduce yourself to the judge you
must say your name and that you are
representing the plaintiff (Ms. Panasyan’s
social studies class) or the defendant ( Mr.
Hernan Cortes)
Objections
• During the examination and cross examination
of witnesses, attorneys can object under the
following conditions. Remember, when you
object, one MUST give the reason for the
objection, or the judge will not hear your
objection.
When can I object?
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Leading the witness / testifying
Lawyer gives evidence or testifies instead of asking open questions (lawyer putting words in
witness’s mouth)
Lawyer attempts to give hints or answers to a witness on the stand (ie. nodding or shaking
head to hint at a yes or no response; mouthing words or answers to witness on the stand etc.)
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Badgering the witness
Lawyer harasses, abuses or insults witness
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Irrelevant
Question or statement does not relate to any of charges
Historical Inaccuracy
Witness or lawyer states inaccurate historical facts
Wasting the Court’s time
Lawyer or witness takes too much time thinking of questions/ answers
Witness is not an expert
Witness does not have background knowledge / understanding to give a credible answer
Hostile Witness
Witness refuses to answer questions; witness insults or harasses lawyer
Bailiff
• You are responsible for opening the courtroom, welcoming
the judge and beginning the case
• You are responsible for providing a Bible for all witnesses
and having them swear on a Bible that they will tell the
truth
• You are responsible for taking any evidence from attorneys,
putting them in the plastic bags and showing it to the judge
• You are responsible for standing at the door when the court
is in session and preventing anyone from coming/leaving
the (court room) classroom
• You must wear a tie and a white shirt, if possible a badge
• You are responsible for placing witnesses on a caged bench
and calling security if they refuse to cooperate
Jurors
• You are the most important people in deciding the case
• You must listen carefully all of the statements of the
prosecution and defense
• You must take notes on each witness and use the rubric to
evaluate each side
• You will pick a foreperson( a leader for jurors who will present
the verdict to the judge and to public)
• Vote on the outcome of the trial according to the established
criteria, NOT based on knowledge of the characters from
reading and personal opinion.
• Suggest to the prosecution and defense teams evidence or
methods that would have made their arguments more
effective.
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Judge
You are in charge of the case
I will provide a gown for you to wear on that day
You must keep order in the courtroom
You may give instructions to jury to stay neutral; to
listen to every statement ; to use their best judgment
not their preferences to make decisions on the case
• After hearing the closing statements of both sides you
will send jurors to discuss and decide a verdict
RULINGS ON OBJECTIONS :
• OVER-RULED = judge disagrees with objection
• SUSTAINED = judge agrees with objection
Opening of Trial
• Bailiff: Please Rise. The Court of
Panorama City is now in session, the Honorable Judge
______________ presiding.
• Judge: (to bailiff) What is today’s case?
• Bailiff: Today’s case is Ms. Panasyan’s Social Studies class vs. Hernan
Cortes
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• Judge: Is the prosecution ready? Is the defense ready?
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• Attorneys: Yes, your Honor (always say “your Honor” when
speaking to Judge)
Judge: May give instructions to the jury.
Opening statements
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Attorneys can create any opening statement he /she would like. The following is a sample.
Sample Opening Statement
“Your Honor, members of the jury, my name is ________________________________ and I am
representing _____________________ (
Ms. Panasyan’s Social Studies Class or defendant) in this case.
I intend to prove (charge or defense)
____________________________________________________________________________.
These are the facts of the case:
-provide background information / overview of the topic / issue (dates, key people, impact on society)
-give perspective to the side that you are arguing that may appeal to the audience (“Imagine…”)
-state effects of the issue on history (social, political, economic, military)
-state the main arguments that you will be presenting (to charge or defend the Prime Minister)
-offer some challenges / questions to the opposition
Today you will be presented with evidence and will hear testimony from my witnesses,
__________________ which will leave no doubt in your mind of the _________________(guilt /
innocence) of the defendant.
Please find the defendant, _________________________________ (guilty / not guilty).”
Oath
• All witnesses are sworn in before they begin
answering questions. This is to remind them
that they must tell the truth.
• Bailiff: “Put your left hand on the Bible. Please
raise your right hand. Do you swear to tell the
truth, the whole truth and nothing but the
truth, so help you God?”
• Witness: “I swear”
Evaluation
• Your evaluation will be based on how well you
can play your role