About Mock Trial:
The Basics
As the name implies, a Mock Trial is basically
a pretend trial between two teams. Two teams of 6-8 people represent either the prosecution
(plaintiff, in a civil case) or the defense. In intercollegiate Mock Trial,
each team has at least three witnesses and three attorneys who will, in the course of a tournament,
represent each side twice. Each team delivers an opening statement,
questions witnesses from both sides, and then delivers a closing argument.
The trial is judged by real-life judges, attorneys, and law-school
students.
The American Mock Trial Association (AMTA)
Founded in 1985, AMTA oversees intercollegiate Mock Trial
tournaments across the United States. Each year, over 230
AMTA-member colleges and universities from across the United States compete
in invitational, regional, and national Mock Trial tournaments
using the same fictional legal case, case law, and witness affidavits.
All cases take place in the fictional state of Midlands.
AMTA also provides the Midlands Rules of Evidence, largely based
on the Federal Rules of Evidence.
Trial Structure
I. Opening Statements:
Each trial starts with an opening statement by one attorney
from each side. The opening should be relatively short, no
longer than 5 minutes. Otherwise, it is just like an opening
statment delivered in a real trial. Openings should set the
tone for the case, providing the judges (or jurors) with a
roadmap of the case.
II. Prosecution/Plaintiff Case-In-Chief
Following the Defense's Opening, the Prosecution/Plaintiff calls
the first of their three witnesses (played by their teammates).
Each witness is questioned by an attorney from his/her own team
and then cross-examined by an attorney from the opposing side.
Testimony and evidence are governed by the Midlands Rules of Evidence,
and attorneys may object to the admissibility of testimony or evidence.
The presiding judge will then make a ruling. After the last
witness steps-down, the Prosecution/Plaintiff rests.
III. Defense Case-In-Chief
The defense then calls its own three witness in an attempt to
damage the Prosecution/Plaintiff's case. The pattern and rules
are the same as in the Prosecution/Plaintiff's Case-In-Chief.
IV. Closing Arguments
The trial concludes with closing arguments given by one attorney
from each team. During the 9-minute closing, attorneys
summarize the evidence and use it to argue in favor of their position.
The attorney for the Prosecution/Plaintiff may reserve up to 5 minutes
of his/her time for a rebuttal of the Defense's closing.
It should be noted that the Prosecution/Plaintiff bears the Burden of
Proof, which is "By a Preponderance of the Evidence," in a civil
case, and "Beyond a Reasonable Doubt," in a criminal case.
Scoring
Because the facts in a fictional case will always be weighted
in favor of one side, Mock Trials are not won or lost based on
the merits of the case (i.e. whether or not the Prosecution/Plaintiff
met its Burden of Proof). Instead, two judges score each team
based on their performance during the trial. Attorneys receive
separate scores (0-10) for opening statements, direct-examinations,
cross-examinations, and closing arguments. Witnesses receive
separate scores (0-10) for their performance during direct-examination
and cross-examination. Note that witness scores are extremely important,
accounting for nearly half of the total score. Judges also
indicate the top-3 witnesses and attorneys in the trial; this
information is used to determine individual awards. After the trial,
teams win, lose, or tie each of 2 ballots based on the judges'
scoring of the teams.
Awards
At the end of a tournament (4 trials), awards are given to the best teams (usually the top-5 teams)
and individuals. Team awards are based solely on the number
of judges' ballots a team has won. Individual awards are given to
outstanding attorneys and witnesses. In national tournaments,
the top-10 teams receive awards and
the best attorneys and witnesses receive "All-American" awards
