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• Congrats Mikva People - Get on the list! • Hand in any Sub Work • Email list 2/7/08 BR- Tell me what part you are playing in the mock trial. Today: Setting Up Your Strategy -Proving your elements -Attack the other side

A Short Quiz On the back of the bellringer. . If you are a witness tell me a little about yourself, who are you and any important details you may have (no less than 4 sentences. ) If you are an attorney, tell me who you are going to question under direct examination. What important information do they have?

Trial Strategy Each side (plaintiff or defense) has a mission. 1. Prove their elements 2. Attack the credibility of the elements the other side is trying to prove. Every question or statement in your case MUST be working to accomplishing your side’s goal.

Step 1 - Leadership Appoint a head counsel. This person will communicate with me and be responsible for making sure everyone on the side is informed. This person will also meet with me from time to discuss the team’s progress and ways that I can help. This person will help me make sure that everyone knows what they are doing, how they’re doing it and when to do it.

Step 2 - Duties On each side, decide who will be doing opening and closing statements (a speech of approximately 5 minutes) Finalize who’s doing what. In addition to the opening and closing statements, each attorney has a direct and cross examination. Write it down and give it to me

Step 3 - Strategy Get together with the attorneys and witnesses on your side and map out your strategy on paper (I’ll show you how. ) This will require you to know information from both sides. Think about it as if you have a 5 person team that has to rescue the princess who is locked in a castle. How will you use the gifts(of information) that each person has to get to the princess. How will you prepare for the 5 people on the other side who are trying to stop you? Or how about one of those movies where the guys are going to steal something really valuable.

Step 4 - Execution Here is where you write out how you will accomplish your legal strategy. You will write out the direct examination questions and responses that tell the story you have created. You will write out the cross examination questions that will attack the other sides story. You will also learn the tools of the attorneys trade such a objections, subtle argument, and proper use of emotion.

Step 5 - Practice and Refinement In this step you practice 4 so that it becomes routine. The more prepared you are the less likely you will be shaken by objections or unforeseen interruptions during trial. You will refine your attorney skills and timing so that they can be used for maximum effect

Step 6 - Reflect What areas do we need to improve on? What areas are we vulnerable? Is there any way to strengthen them? What don’t we know?

Assignment (15 pts): Attorneys/Witnesses - prepare your 1 st 3 questions for direct examination. You will perform these tomorrow and witnesses will NOT be allowed to use their packet. ALSO. . Be sure to read the Section “Direct Examination” in the litigation process.