Anatomy of a Trial Composition of Team for
- Slides: 11
Anatomy of a Trial
Composition of Team (for Competition) Prosecution/Plaintiff • 3 Attorneys • 3 Witnesses Defense/Defendant • 3 Attorneys • 3 Witnesses
Order of Events in Trial 1. Prosecution/Plaintiff Opening Statement 2. Defense/Defendant Opening Statement 3. Examination of Prosecution/Plaintiff Witness No. 1 • Cross Examination by Defense/Defendant üPossible Re-direct by Prosecution/Plaintiff § Possible Re-cross by Defense/Defendant 4. Examination of Prosecution/Plaintiff Witness No. 2 • Cross Examination by Defense/Defendant üPossible Re-direct by Prosecution/Plaintiff § Possible Re-cross by Defense/Defendant 5. Examination of Prosecution/Plaintiff Witness No. 3 • Cross Examination by Defense/Defendant üPossible Re-direct by Prosecution/Plaintiff § Possible Re-cross by Defense/Defendant
Order of Events in Trial (Continued) 6. Examination of Defense/Defendant Witness No. 1 • Cross Examination by Prosecution/Plaintiff üPossible Re-direct by Defense/Defendant § Possible Re-cross by Prosecution/Plaintiff 7. Examination of Defense/Defendant Witness No. 2 • Cross Examination by Prosecution/Plaintiff üPossible Re-direct by Defense/Defendant § Possible Re-cross by Prosecution/Plaintiff 8. Examination of Defense/Defendant Witness No. 3 • Cross Examination by Prosecution/Plaintiff üPossible Re-direct by Defense/Defendant § Possible Re-cross by Prosecution/Plaintiff
Order of Events in Trial (Continued) 9. Defense/Defendant Closing Argument 10. Prosecution/Plaintiff Closing Argument
Then the Trial’s Over!
And hopefully, this is the outcome… Us g n i s o p p O l e s n u o C
Opening Statement • Gives explanation of trial to jury before examinations begin • Should include: ü Theme of your counsel’s case (which will also be used in the closing argument) ü Introduction of counsel members ü Duty of jury ü Explanation of pleadings ü Explanation of what counsel must prove to win the case ü Introduction to witnesses and broad explanation of what they will testify to (NO specific details)
Examination- Questioning of a witness Direct Examination Cross Examination • Attorney questions his/her own witness (who will testify to help the attorney’s side of the case) • Open ended questions • Attorney questions the opposing counsel’s witness (who will testify to help the opposing side of the case) • Leading questions which have an expected answer o Allow for thorough explanation in answers o “Yes or No” questions
Closing Argument • Reiterates points brought up in trial • Brings together all arguments in a cohesive case theory • Should include: ü Theme of your counsel’s case (which will also be used in the opening statement) ü Explanation of pleadings ü Explanation of what counsel has proven to win the case ü Facts brought up in witness examinations ü Holes in opposing counsel’s case ü Persuasive conclusion (asking jury to fulfill their duty and make the correct ruling)
Time Limits • Opening Statements: 5 minutes maximum (per side) • Examinations (including re-direct and re-cross): 30 minutes maximum (per side) • Closing Arguments: 5 minutes maximum (per side)
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