Mock Trial Skills

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Mock Trial Skills
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Closing Arguments
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Closing Versus Opening

• Opening
• Talk about facts to be established at trial
• Arguments from facts not allowed
• Little or no discussion of law

• Closing
• Work only with facts established in trial
• Argument from facts is the goal
• Some discussion of law, burden of proof, etc.

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So, what is argument?

• Going beyond the facts to get to the conclusion
  you think they support
• Think of it in terms of so, therefore,
  however
• All cats are mammals

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More on Theme and Theory

• Theme
• The motif of your case.
• The idea or phrase that ties it together
• Think of in terms of This is a case about

• Theory
• Your version of how the facts went down.
• Did he hit her and then dump her in the water? Or
  did he hit her and the surf dragged her under?
• Should fit into the law

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Primacy and Recency/Rule of 3

• Try to organize into three, overarching points or
  sections.
• Helps you keep it organized in your head, like a
  set of book marks
• Helps others follow along and remember
• Put your strongest points first or last

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Direct versus Cross Ex

• Goals of Direct
• Let your witness tell their story
• Make your witness appear credible
• Witness Talks
• Focus should be on witness

• Goals of Cross
• Tell the witness what to say
• Make the witness appear un-credible
• Attorney Talks
• Focus should be on the attorney

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Straight Man/Funny Man

• Direct is like a Comedy Team
• The attorney is the straight man
• The witness is the funnyman

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Form of the Question

• Open ended on direct
• Who
• What
• Where
• When
• How
• Leading on cross
• , didnt you?
• , isnt it?

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Primacy and Recency/Rule of 3

• Direct and Cross should both be organized in
  three broad groups of questions
• Cheating, the beach, school the next day
• Initial examination of the body, autopsy, final
  conclusions
• Biggest points first or last

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Question Order

• Want your questions to build or flow
• Think of it as a conversation (direct) or an
  explanation (cross)
• One question should follow from the next, until
  you get to the end of your big point
• Helps jury or judge so answers dont seem to come
  out of the blue