MOCK TRIAL 

A mock trial argument is a persuasive speech delivered by a student attorney in a simulated courtroom setting, where they summarize the evidence presented during the trial and explain why the jury should rule in favor of their client, essentially making a compelling case based on the facts and legal points established during the trial, similar to a closing argument in a real courtroom. 

Key points about mock trial arguments:

• Structure:
  Follows the format of a real closing argument, including a re-cap of key facts, analysis of witness testimony, and a clear articulation of why the presented evidence supports their side of the case.

• Focus on evidence:
  Attorneys must rely on the evidence presented during the trial (witness testimony, exhibits) to construct their argument, highlighting favorable points and downplaying any damaging information.

• Persuasive language:
  Effective arguments use strong rhetoric, logical reasoning, and emotional appeals to convince the mock jury.

• Addressing opposing arguments:
  Attorneys must anticipate and counter the opposing side's arguments, explaining why their interpretation of the evidence is more convincing.

• Time constraints:
  Mock trial arguments are typically limited to a specific time frame, requiring the attorney to be concise and prioritize key points. 

• This activity demonstrates the Nashville State Composition II  Competencies of 

• Integrating sources appropriate to the thesis 

• Crafting logical arguments and addressing counterarguments

• Using an academic voice

• Explicating source materials while identifying rhetorical techniques

• Incorporating sources as appropriate 

                                      **Grading Rubrics** 

Mock Trial Performance Rubrics https://www.nsta.org/sites/default/files/journal-articles/supplemental-resources/table%206.pdf

Mock Trial Theory of the Case Rubric https://docs.google.com/document/d/1KCMEzbQjUKZKTa1iffwMmzVkaTTMWVKTD-xOPlwsmzw/edit?usp=sharing

Mock Trial Reflection Rubric https://docs.google.com/document/d/1hfOB1pLQae4R_ELi2TFMFHawgAjGu9TKHNA8hKbkKeg/edit?usp=sharing

                                          Mock Trial Preparation in Class 

Step 1: Decide what roles each witness will play. 

Step 2: Read through the evidence and complete the worksheets for each role based on the information in the mock trial packet. 

Step 3 A. Once the sheets have been completed, begin compiling a mutual LEGAL BRIEF outline. All lawyers and witnesses will work on this outline and will submit it for a shared grade. Your professor will question you in a Socratic method about your case brief. Be prepared. You will want to use this brief when you begin argumentation. You must submit this to the judge by ____________________________ (class-agreed upon deadline).

Step 3B.  Once you have an outline of your facts in your brief, you will start putting together the narrative of your case. This is called your THEORY OF THE CASE. Your paper will be graded using the NSCC rubric without documentation. You must submit this this before you go to trial. https://www.law.uh.edu/lss/casebrief.pdf

Step 4: A. Lawyers will practice opening, examining witnesses, cross-examining witnesses, and closing. The attorney who opens should not be the attorney who closes. There are two attorneys for a reason: decide what your strengths are as arguers and use them. Read all of the rules about presenting evidence and examining witnesses. 

B. Witnesses should be able to answer all of the attorney's questions without notes. While they do not have to memorize their character script verbatim, they should be in character the entire time and answer all questions in the voice of that character. (see rubric) 

Step 5: Trial Days. Students should dress appropriately for courtroom days. While students are not expected to wear suits and ties, clean and professional attire is expected. Jeans are allowed as long as they are free from holes. All shirts should be tucked in. No hats. No cell phones.  The bailiff will confiscate cell phones during the trial. 

Step 6: After each class period, each team should meet to debrief and discuss the strengths and weaknesses of their performance. No alternations may be made to the witness list; however, new evidence may be discovered as long as it is shared with both teams prior to that trial date. 

Step 7: The team that is not performing will serve as the jury and the jury will decide the case based on the evidence presented in performance. The judge will rule on fallacies in logic. Smaller classes without juries will have bench trials. 

Step 8: Once all cases have been tried, the class will engage in a debrief. 

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A case brief is an analytical summary of a single legal case, focusing on its specific facts, legal issue, and court's ruling, used primarily for legal study. In contrast, a theory of the case is a narrative framework that provides a unifying, persuasive story to explain why the client's position should prevail, used throughout a legal proceeding to guide arguments, examinations, and statements. 

Case brief

• Purpose: To break down a specific legal case into its core components for study and to understand the evolution of law.

• Focus: The "puzzle pieces" of a single court decision.

• Key elements:

  • Facts: The specific events that led to the lawsuit.

  • Issue: The legal question the court had to answer.

  • Rule: The legal principle the court established or applied.

  • Reasoning: The judge's analysis and justification.

  • Holding: The court's final decision or conclusion.

• Usage: As a study aid for law school exams, outlining, and understanding the rule of law. 

Theory of the case

• Purpose: To create a comprehensive and logical narrative that explains the entire case from the client's perspective.

• Focus: The overall story of what happened, presented in a persuasive way for a judge or jury.

• Key elements:

  • A central theme that is simple and memorable.

  • A combination of both a factual story and a legal theory.

  • A roadmap for litigation that guides all aspects of the case.

• Usage: To structure opening and closing statements, direct and cross-examinations, and to determine which evidence and witnesses to present. It is developed early in a case and can evolve as more information is gathered. 

• " You must decide what evidence and arguments to ignore as well as which ones to emphasize. Your final product should be a cohesive, logical view of the merits of the case that is consistent with common everyday experience, that builds on your strengths and finds ways to compensate for your weaknesses" 

Writing a Case Theory https://law.indiana.edu/instruction/tanford/b584/CaseTheory.pdf

How to Write Opening and Closing Statements for Mock Trial https://rivercity.wusd.k12.ca.us/documents/Students/Mock-Trial/Opening%20and%20Closing%20Statements.pdf

Steps in a Mock Trial 

https://lawforkids.org/programs/mock-trial/tournament-documents/76-steps-in-a-mocktrial/file

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Mock Trial Preparation Resources: 

Mock Trial Script https://2ndcircuit.leoncountyfl.gov/teenCourt/resources/MockTrialAttorneyandBailiffScript.pdf

Street Law https://streetlaw.org/teaching-resources/simulations-mock-trials-and-moot-courts/

Mock Trial Strategies https://www.mocktrialstrategies.com/resources-2/ 

University of Florida Mock Trial Guide https://guides.lib.usf.edu/c.php?g=638162&p=4523763

The Role of the Attorney Video  https://www.youtube.com/watch?v=Cnp9l9bkoUk

Understanding Direct Examination Video https://www.youtube.com/watch?v=oXRL41uilfc

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     Complete the following handouts as preparation for your "Theory of the Case." These must be turned in to the instructor along with a copy of the "Theory of the Case" that you will submit to the judges pre-trial. You may only have legal pads and evidence in the courtroom on trial days. 

For Witnesses 

Getting into Character Prep Sheet: file:///C:/Users/CJoyce/Downloads/Witness%20Profile%20(1).pdf

For Defense Attorneys 

Theory of the Case Prep Sheet: file:///C:/Users/CJoyce/Downloads/Defendant&%23039%3Bs%20Theory%20of%20Case.pdf

Opening Statement Prep Sheet: file:///C:/Users/CJoyce/Downloads/Opening%20Statements%20(1).pdf

Examining Witnesses Prep Sheet: file:///C:/Users/CJoyce/Downloads/Direct%20Exam%20Worksheet.pdf

For Prosecution Attorneys

Plantiffs' Theory of the Case Prep Sheet: file:///C:/Users/CJoyce/Downloads/Plaintiff%20Prosecution%20Theory%20of%20Case%20(1).pdf

Opening Statement Prep Sheet: file:///C:/Users/CJoyce/Downloads/Opening%20Statements%20(1).pdf

Examining Witnesses Prep Sheet file:///C:/Users/CJoyce/Downloads/Direct%20Exam%20Worksheet.pdf

                                 Logic In Writing 

"Logic in Writing" 

https://owl.purdue.edu/owl/general_writing/academic_writing/logic_in_argumentative_writing/logic_in_writing.html

"How to Write a Good Argumentative Essay" https://owl.purdue.edu/owl/general_writing/academic_writing/logic_in_argumentative_writing/logic_in_writing.html

"Argumentative Writing and Using Evidence" 

https://www.sjsu.edu/writingcenter/docs/handouts/Argumentative%20Writing%20and%20Using%20Evidence.pdf

                      Logical Fallacies & the Law 

"Unmasking Logical Fallacies" https://tennesseelawreview.org/blogpostunmaskinglogicalfallacies/#:~:text=Fallacies%20can%20undermine%20arguments%2C%20hinder,using%20them%20in%20their%20own.

"The Signicance of Logic and the Law" https://www.judges.org/news-and-info/the-significance-of-logic-for-law/

"The Most Common Logical Fallacies Found on the LSAT" https://www.manhattanprep.com/lsat/blog/the-complete-guide-to-the-most-common-logical-fallacies-found-on-the-lsat/

"Seven Logical Fallacies Lawyers Need to Stop Using" https://www.findlaw.com/legalblogs/greedy-associates/7-logical-fallacies-lawyers-need-to-stop-using/

"Logic for Lawyers: A Cheat Sheet" https://www.americanbar.org/groups/government_public/resources/logic_for_lawyers/