Mock trial
From Freepedia
A mock trial (sometimes synonymous with moot court, although the activities are often different) is a contrived or imitation trial. Attorneys preparing for a real trial might use a mock trial consisting of volunteers to test theories or experiment with arguments to try to predict the outcome of the real trial. In a mock trial the rules are often abbreviated in order to focus on particular parts of the trial.
Mock trial is also the name of an extracurricular program in which students participate in contrived or fake trials to learn new skills and compete with each other. At some law schools, the term trial advocacy is used for the program. Various organizations such as state bar associations sponsor mock trial/trial advocacy competitions for high school students, college students, and law students.
Interscholastic mock trials takes place on three levels. High school competitive mock trial has an annual national competition governed by the National Mock Trial Association [1]. The competition on the college circuit is governed by the American Mock Trial Association [2]. The college circuit also has an unofficial online forum at Perjuries Mock Trial [3]. Finally, there is mock trial/trial advocacy at the Law School level such as the National Trial Competition hosted by the Texas Young Lawyers Association [4]. At this level, unlike the two previous levels, students compete not only for awards, but also for prestige that leads to high paying jobs.
Usually a mock trial team consists of three attorneys and three witnesses on each side of the case (plaintiff/prosecution and defense). The attorneys are responsible for delivering an opening statement, conducting direct and cross examinations of witnesses and delivering closing arguments. Judges are usually attorneys or coaches, and in some occasions, practicing judges.
In different states, the High School Mock Trial program is varied. In some, there are four witnesses, four attorneys (one serving as a pretrial lawyer to argue whether certain evidence should be admitted), and a clerk for the prosectution and a baliff for the defense on each side. The trial is timed and each side has a certain set amount of time for the opening and closing statements and for direct, cross, and redirect examinations, kept track by the clerk. The baliff swears in each witness as they take the stand.
In other states, there are 3 witness and 3-6 attorneys. There is a judge who ranks each team memeber on a scale from 1-10. Each team has a team coach (normally a lawyer in the area) and a faculty member from their High School. Both opening statments and closing arguments are timed. Direct and cross examinations are also timed. Some trials are recorded for later use by both teams.
In interscholastic mock trial/trial advocacy at a law school level, teams typically consist of several "attorneys" and several "witnesses" on each side. Every team in a tournament is given the same "problem" or "case" several months in advance, and they prepare to try the case from either side. The cases are carefully written in an attempt to create an equal chance of either side prevailing, since the main objective is not to identify the winner of the case, but rather the team with superior advocacy skills. Occasionally the winners of mock trial tournaments receive special awards such as money or invitations to special events, but the status of winning a tournament is significant in and of itself.
Practicing litigators may use mock trials to assist with trial preparation and settlement negotiations. Unlike scholastic mock trials, these mock trials can take numerous forms depending on the information sought. Various organizations can provide additional information for litigation support mock trials, including the National Institute for Trial Advocacy, [5] Advance Insight, [6] and the American Society of Trial Consultants. [7]
