Mock Trial Procedures
What is the main role of the prosecution in a trial?
The prosecution is responsible for proving the accused's guilt beyond a reasonable doubt.
What is the sequence of statements in a trial?
Opening statements (Prosecution first, then Defense), followed by direct and cross-examinations, and closing statements.
What is direct examination?
Direct examination is when the prosecution questions its witnesses first, allowing them to narrate their stories.
What is an objection in court?
An objection is a challenge to a question or statement that violates legal rules.
What must happen for a witness to be recognized as an expert?
Their credentials must be presented, and the judge must formally recognize them as an expert.
What is the burden of proof in a trial?
The prosecution bears the burden of proof, meaning they must prove the defendant's guilt.
How long are opening statements limited to?
Opening statements are limited to three minutes.
What is cross-examination?
Cross-examination is a phase where the opposing attorney interrogates the witness, often aggressively.
Name a common type of objection.
Leading questions or hearsay are common types of objections.
Can expert witnesses speculate during their testimony?
Yes, but only if they are formally recognized as experts by the judge.
What is the purpose of opening statements in a trial?
Opening statements set the stage for the jury and outline what evidence will be presented. (movie preview)
What occurs during closing statements?
Closing statements summarize the case and integrate evidence presented during the trial.
What can attorneys do during re-direct examinations?
Attorneys can clarify points raised during cross-examination without introducing new information.
What does "hearsay" mean?
Hearsay refers to second-hand information that is not admissible in court.
What is the "Rule of 3" in trial presentations?
Important information should be presented to the jury three times for emphasis
Describe the relationship between participants in a mock trial. (THINK: Who are the participants?)
Participants include the prosecution, defense, witnesses, and judge, all working within legal procedures.
What role does the judge play during a trial?
The judge oversees the trial, ensures legal procedures are followed, and rules on objections.
Give an example of a leading question.
You had a chicken Caesar salad for lunch, "didn’t you?"
How does the judge respond to objections?
The judge can either sustain (agree) or overrule (disagree) with the objection.
What should an attorney do if they want a witness recognized as an expert?
The attorney requests the judge to recognize the witness as an expert and presents their credentials.
What does it mean when a witness is considered an expert in a trial?
An expert witness is formally recognized by the judge and can provide specialized knowledge or opinions.
What is the significance of the jury's deliberation? (THINK: What is deliberation?)
After closing statements, the jury deliberates to reach a verdict based on the evidence presented.
What does it mean when a question is outside the scope?
It refers to questions that do not relate to the case or trial, often deemed irrelevant.
What is the "ultimate issue" in a trial?
The ultimate issue refers to the main question of the trial, such as the defendant's guilt or mental state.
Why is establishing foundation important in direct examination?
It ensures that questions are based on established facts and context, avoiding speculation.