GMO Mock Trial

The question:

To what extent should the US federal government advocate for or against the regulation or development of genetically modified organisms (GMOs)?

Important:

This is not a "real" trial. Instead, it is a structured debate to illuminate the views of the class and interpret current or historical events. We are blending elements of a debate, a hearing, a trial and a Supreme Court case.

Before the trial:

The Justices will direct the Attorneys to focus on particular aspects of these broad topics, particular arguments, or even a specific question. They will provide a focus and let the Attorneys know what to argue and what is not up for debate.

Roles:

Attorney

• • Lawyer 1—Shapes overall legal strategy. Writes & delivers opening statement. Questions or cross examines witnesses.

  • Lawyer 2—Shapes overall legal strategy. Writes & delivers closing statement. Questions or cross examines witnesses.

  • During questioning or cross-examinations, the Lawyers may ask a total of five (5) questions of each witness.

Legal Staff

• • Each team will have two to three members on their Legal Staff.

  • Legal Staff Prepares and submits at least one significant piece of evidence for the justices and opposing legal staff.

  • Evidence must be shared with the opposing legal staff at least 48 hours before the beginning of the trial. Evidence must be summarized and annotated for the Justices, and submitted to the court at least 48 hours before the start of the trial. Evidence must be present in the courtroom to be shared at any time during the trial. Evidence must be directly relevant to at least one Witnesses' testimony.

  • Annotated evidence submitted to the Justices should include the following:

    • A coversheet with the name of piece of evidence, publication & other identifying information,

    • A summary highlighting the relevance & significance to the case, and to at least one witness,

    • The piece of evidence, along with notes, highlights or other markings to guide the reader to the "best" parts, along with explanations of what they should gain from each part (feel free to do this digitally and print it out. You could use footnotes, comments or any other method to insert your ideas into the text).

    • A hard copy and a digital copy.

Witness

• • Each team will have three witnesses.

  • Witnesses provide expert, evidence-based testimony to the court.

  • Witnesses answer questions from Attorneys and Justices.

Justices

• • The nine Justices will determine the outcome of the trial.

  • Each Justice must present a personal written opinion that answers the question posed to the court and directly cites evidence and testimony from both sides of the trial. Each individual opinion must show that Justice's personal thinking on the case, and show what arguments, evidence and testimony resonated most with that individual. Each written opinion should be approximately 1000 words.

  • The Court must present a "majority" opinion, which is written by one of the Justices, and represents the views of the majority of the Justices. The majority opinion may be created by combining elements or sections of justices’ personal written opinions.

  • Justices may prepare notes for their opinion in advance of the case or wait until the oral arguments are concluded to write.

  • Justices may interrupt any Attorney or Witness at any time to ask questions.

Dates:

Fri, Sept. 19 to Fri, Sept. 26: Preparations.

• 9/19: Assign roles

• 9/24: Justices provide basic clarifications. Each justice must list on the whiteboard specific questions he/she has, elements of the case he/she wants to hear arguments about, elements of the case he/she is interested in, etc.

• 9/25: Lawyers must announce at least two of the three witnesses they will call to the stand. These names & roles should be posted on the whiteboard.

• 9/26: Lawyers must announce the third witness (if they haven't already). These names & roles should be posted on the whiteboard.

  • All lawyers should have a rough draft of the opening/closing statements (use the attachments below)

Monday, Sept. 29: We begin two days of rehearsals and prep.

• 1 hr rehearsal & 1 hr prep for each team

• Discovery! At the start of class, ALL evidence must be shared with both teams. Any evidence not shared at the start of class is inadmissible in court.

Tuesday, Sept. 30: 1 hr rehearsal & 1 hr prep for each team

Wed & Thurs, Oct. 1 & 2: Trial

Fri, Oct. 3: Justices present their opinions & form majority opinion in class

Monday, Oct. 6: Trial reflection is due from all