ON BEHALF OF THE AMERICAN MOCK TRIAL
ASSOCIATION:
WELCOME!
BACKGROUND INFORMATION
• This is a survival action arising from a scuba diving
fatality;
• You are now in the State of Midlands. Midlands has
its own statutes, codes and case law.
Please do not apply any
independent knowledge
you may have of applicable law.
ANDY ALLEN, as surviving spouse of LEE
ALLEN v. NEPTUNE UNDERWATER
EXPEDITIONS
Lee Allen and Andy Allen signed up
with Neptune Underwater Expeditions
to explore a shipwreck in the Atlantic
Ocean. On July 7, 2011, Lee died
during the dive. Andy, acting
individually and on behalf of spouse
Lee, is suing Neptune for Lee’s
wrongful death.
MERITS OF THE CASE
• This case allows teams to argue a variety
of theories of liability and defenses
• You are NOT here to decide liability!
Rather, you are here to:
• Evaluate the students’ understanding
and negotiation of the facts as they are
provided.
YOUR JOB AS A JUDGE
is to help us identify the best teams by:
EVALUATING,
SCORING, and
CRITIQUING
Format of the Trial
• Both sides will give an opening statement;
• Defense cannot waive its opening or defer until its case in chief
• No objections are permitted during openings or closings
• Each side will call three witnesses;
• Each attorney will conduct one direct and one cross examination
• Both sides will give a closing argument;
• Plaintiff first
• No objections are permitted during openings or closings
• Plaintiff may give a rebuttal, but is not required to do so.
• Time for rebuttal need not be reserved
TIME CONSTRAINTS
• To keep the trial moving, there are time
constraints on openings, closings, directs,
and crosses.
• The entire trial (including breaks after each
side’s case-in-chief) cannot exceed 3 hours.
• Each team provides a timekeeper who keeps
track of time.
WHAT TO EXPECT IN THE ROUND
• Judging panels will consist of either 2 or 3
judges.
• IF YOU HAVE ALREADY JUDGED A ROUND,
PLEASE FORGET ALL THAT YOU SAW AND
HEARD!
(witnesses change, theories change, facts
presented change. Do not compare one
trial to another!)
THE BALLOT
You will be given a 5-page ballot.
ONE page will be BLUE.
This is your score sheet.
The other FOUR will be WHITE
These sheets are for comments.
DO NOT WRITE YOUR SCORES
ON THE WHITE SHEETS!
THE SCORING SHEET
• This sheet is BLUE
• All scores are written
on this sheet.
• Every function must be
scored.
• List the top 4 attorneys
and witnesses.
– Be sure to use the
students’ names, not
their characters’ names
THERE SHOULD NOT BE
ANY BLANK SPACES
ON YOUR SCORESHEET.
PAGE 1
• The ballot is a carbon form.
• Do not lay the pages on top
of each other
• Gray-shaded sections are for
Defense comments. Clear
sections are for the Plaintiff.
• Page 1 begins with criteria to
use when evaluating.
• At the bottom, you will see a
place to comment on each
of the opening statements.
• Please provide only your
narrative critique in this
section.
- All scores are to be written
on Page 5. Page 5 is BLUE
PAGES 2 and 3
• Page 2 and 3 are for you
to give comments.
• Please write legibly.
Students are eager to
hear your thoughts on
how they can improve.
PAGE 4
• Page 4 covers closing
arguments.
• The Plaintiff will go first and
then the Defense.
• The Plaintiff will then be
allowed a rebuttal. It is not
necessary for the Plaintiff to
reserve time for rebuttal.
• There is an area to add overall
comments about the team
presentations.
THE BALLOT (continued):
• The ballots will be filled in with all of the competitors
names by the students before the round begins.
• REMEMBER: these forms are carbon copies. Do not
lay them on top of each other.
• REMEMBER: the students WILL get copies of these
sheets.
SCORING
SCORING
• Each attorney and witness is scored on a scale from 1-10.
- Unlike law school trial competitions – witnesses are
scored, too.
• 10 is the best and 1 is the worst. Fractions and decimals are
disregarded, so use only whole numbers.
• IT IS VITAL THAT YOU SCORE AS YOU GO!!!!!
• The teams in the trial will receive a Win, Loss, or Tie from your
individual score sheet based on the score differential.
• It is important that your scores provide meaningful
differentiation between competitors.
• Ranking of the top attorneys and witnesses at the bottom of
Page 5 is a wholly subjective call for each judge to make (but you
still have to do it!).
IT IS VITAL THAT YOU SCORE
AS YOU GO!
You can always go back and change a score
later, but it is very important that you score
as you go along.
SCORING OPENING STATEMENTS
• Did the team members present a solid theory
of the case?
• Did they explain the allegations and the
elements of the allegations?
• Did they set out a clear map of what you will
be hearing?
• Did they present clearly and persuasively?
• Did they avoid excess argument?
SCORING ATTORNEYS
•
•
•
•
•
•
•
•
Were their examinations well structured?
Did they establish a clear, consistent case theory?
Did they speak clearly?
Did they make timely and accurate objections?
Did they avoid trivial objections?
Did they argue effectively?
Were their arguments persuasive?
Did they exhibit integrity, professionalism, and
collegiality?
SCORING WITNESSES
You are also scoring the witnesses!
•
•
•
•
•
•
•
Were they credible?
Did they help their team’s case?
Conversely, did they hurt their team?
Did they maintain their poise and character?
Did they speak clearly?
Were they convincing or
Were they caught lying (impeached)?
SCORING WITNESS TESTIMONY
• For every witness that is called you are giving FOUR
scores:
1) Attorney (Direct)
2) Witness (Direct
3) Attorney (Cross)
4) Witness (Cross)
• Attorneys and witnesses should always be scored on
how they help their team.
CROSS EXAMINATION
Is NOT limited in scope.
(but re-direct and re-cross is)
SCORING CLOSING ARGUMENT
• Did the team link the facts to its theme and
theory?
• Did the students explain the elements of the
charge and how they met (or their opponents
didn’t meet) their respective burdens?
• Did they summarize persuasively?
• Did they mention facts not in evidence?
REMEMBER:
• Score as if you are a JUDGE and a
JUROR.
• SCORING IS SUBJECTIVE!
Reasonable minds can differ.
• The key is meaningful
differentiation.
MOTIONS
• The attorneys can make a MOTION TO
STRIKE.
• The attorneys can also make a MOTION
TO CONSTRUCTIVELY SEPARATE
WITNESSES.
• No other motions can be made.
OBJECTIONS:
WHEN SCORING, CONSIDER:
• Did the student make proper objections?
• Did the student make timely objections?
• Did the sides listen to rulings and react
appropriately?
• Were students elusive or argumentative
or defensive?
OBJECTIONS (continued)
• Midlands uses a modified version of the
Federal Rules of Evidence;
• What matters is how well students argue.
• Presiding judges differ and the facts are what
they are. Do not hold adverse rulings against
students!
• LET THE STUDENTS ARGUE!
RE-DIRECT AND RE-CROSS
• Re-direct and Re-cross are allowed.
• The scope of re-direct and re-cross ARE limited to the
subject matter of the preceding examination.
• Students do not receive separate scores for these
components.
• Subject to limitations of scope and time, re-direct
and re-cross may continue indefinitely.
OTHER NOTES ON SCORING:
• Witnesses are not restricted with regard to
costuming, characterizations, or use of
demonstratives. Students are free to
develop their characters as they see fit.
• Page 1 of the ballot provides detailed
criteria to use in scoring attorneys and
witnesses.
DO:
Evaluate:
• How well do they know the facts;
• How well they draw out those facts;
• How well the present those facts;
• How well they use those facts to
support their theories and legal
arguments;
• The students’ professionalism,
integrity, and collegiality
DO NOT:
• Question a witness.
• Object from the bench.
• Penalize a team for BAD facts.
They can only use what they are
given.
• Collaborate with your other
judge(s) about scores. The scores
you give should be ENTIRELY your
own. Reasonable minds differ!
INVENTION OF FACT
• You may see disputes about whether
a team has invented material facts
not included in the case.
• Improper invention of fact violates
the rules and spirit of collegiate
mock trial.
• What constitutes “improper
invention” varies between direct and
cross examination.
Invention of Fact on Direct
• Answers given on direct or re-direct
examination must be stated in or reasonably
inferred from the witness’ affidavit/report
– Students may invent non-material facts that
merely provide background information or
develop the character of a witness.
– A material fact is one that affects the merits
of the case and that could reasonably be
included in closing argument.
Invention of Fact on Cross
• Answers given on cross or re-cross
examination must only:
1. Respond to question asked, and
2. Not contradict the witness’
affidavit/report.
• In other words students may invent
material facts on cross. They may be
creative; they may not lie.
Remedy for Improper Invention
• There is no objection for “Improper
Invention”
• As in real trials, the only remedy is
impeachment
• If an impeachment demonstrates that a
team has engaged in improper invention,
you should reflect this in your scoring by
penalizing the impeached team,
rewarding the impeaching team, or both.
INDIVIDUAL RANKING
•
At the bottom of the ballot, please rank the top four attorneys
and witnesses. These rankings determine the winners of “Best
Attorney” and “Best Witness” awards. Students take great
pride in these awards.
Attorneys:
Witnesses:
1. _____________ 1. ____________
2. _____________ 2. ____________
3. _____________ 3. ____________
4. _____________ 4. ____________
– BE SURE TO WRITE THE STUDENTS’ FULL NAME (as listed on
the ballots), NOT THEIR CHARACTER’S NAME
– Rankings are a wholly-subjective decision by each judge
COMMENTING
• In addition to scoring, you are encouraged to give oral
and written comments to the students.
• REMEMBER: the students will see your white comment
sheets.
• Comments should be frank, encouraging, and
constructive
• Oral comments should be limited to 10-15 minutes, per
trial
Important Additional Items
• Witnesses are considered sworn and all documents are
presumed signed.
• Formal certification of expert witnesses is not permitted.
Expertise is established by laying the appropriate
foundation.
• Keep the trial moving but allow for a brief break after
each side’s case-in-chief, if time allows. Blue ballots
must be received by tournament staff within 3 hours of
the beginning of the trial.
• Midlands is a standing jurisdiction. Students are required
to stand, if able, during direct and cross examinations.
AMTA VOLUNTEERS
• Tournament volunteers (such as the person
giving this presentation) may come into your
round. This is part of their tournament duties.
• You should not infer any connection between a
tournament volunteer and either team in a
round.
WHAT HAPPENS NEXT?
• We will assign you to a room in panels of 2 or 3
people.
• Scoring judges should sit in the jury box, if one is
available.
• After closing arguments, ensure that your BLUE
BALLOT is completely filled out. Ask the timekeepers
to take both ballots to the tabulation room together.
• Limit post-trial comments to 10-15 minutes for the
entire panel.
• Be sure to sign each page of the 5-page ballot and
place your initials by any corrections you have made
on the blue scoring sheet.
THANK YOU FOR YOUR
PARTICIPATION!
The American Mock Trial
Association