Classic Frontline Episode - A Class Divided

From Frontline Introduction:

On the day after Martin Luther King Jr. was murdered in April 1968, Jane Elliott's third graders from the small, all-white town of Riceville, Iowa, came to class confused and upset. They recently had made King their "Hero of the Month," and they couldn't understand why someone would kill him. So Elliott decided to teach her class a daring lesson in the meaning of discrimination. She wanted to show her pupils what discrimination feels like, and what it can do to people.

Elliott divided her class by eye color -- those with blue eyes and those with brown. On the first day, the blue-eyed children were told they were smarter, nicer, neater, and better than those with brown eyes. Throughout the day, Elliott praised them and allowed them privileges such as a taking a longer recess and being first in the lunch line. In contrast, the brown-eyed children had to wear collars around their necks and their behavior and performance were criticized and ridiculed by Elliott. On the second day, the roles were reversed and the blue-eyed children were made to feel inferior while the brown eyes were designated the dominant group.

What happened over the course of the unique two-day exercise astonished both students and teacher. On both days, children who were designated as inferior took on the look and behavior of genuinely inferior students, performing poorly on tests and other work. In contrast, the "superior" students -- students who had been sweet and tolerant before the exercise -- became mean-spirited and seemed to like discriminating against the "inferior" group.

http://www.pbs.org/wgbh/pages/frontline/video/flv/generic.html?s=frol02p66&continuous=1

Mock Trials: A Guide to Simulated Courtroom Combat with Educational Underpinnings, 1998/1999

After graduating from Avila University with my degree in Political Science in 1998, I was asked to return to serve as an assistant attorney coach for the Mock Trial team.  This would serve as my first experience with teaching.  I had never before been interested in teaching and primarily accepted as it allowed me to return to the law and trial techniques I had loved and studied as a student.  I set out to write a textbook for the course based on my four years of regional and national competition. What follows was essentially the first draft; a general framework with several chapters taking shape while others were roughly outlined in anticipation of further writing and collaboration with the lead attorney coach. For a variety of reasons he was unable to contribute to the book, though our students used my initial efforts for several years.  I eventually returned to Avila to pursue an elementary teaching degree and license and the book was filed away.  In reviewing the efforts recently, I thought it might be of interest to some.  I remember being especially enamored with the unwieldy title.

  

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TABLE OF CONTENTS

CHAPTER 1: AN INTRODUCTION TO SOMETHING CALLED “MOCK TRIALS”
CHAPTER 2: WHAT WE WILL BE DOING
CHAPTER 3: THE CASE, A PACKET OF GOODIES
Contents - Case Specific
Contents - AMTA Midlands Rules of Court
CHAPTER 4: WADING INTO THE CASE
Strategies of Orientation
CHAPTER 5: CRAFTING YOUR CASE
Opening Statements Direct Examinations Cross Examinations Closing Arguments Objections
Introduction of Evidence Invention of Fact
CHAPTER 6: OH THE PARTS WE’LL PLAY
All Team Members Team Captain
All Attorneys Witnesses Time-Keeper
CHAPTER 7: WELCOME TO THE TOURNAMENT
Captains Meeting
Immediately Before Trial
PreTrial Conference
Trial - Part 1
The Mid-Trial Break
Trial - Part 2
The Conclusion of the Case-in-Chief Break Closing Arguments
After Trial
CHAPTER 8: SCORING

CHAPTER 1: AN INTRODUCTION TO SOMETHING CALLED “MOCK TRIALS”
Mock Trials, as a class and as a nationwide competition, is substantially more than just another subject matter to be taken as a part of your undergraduate studies. Indeed, compared to the uninspiring grind of lecture and fact regurgitation that dominates the typical college learning environment, participants in Mock Trials usually agree that it is the most productive, enjoyable, and rewarding college activity available. That is, of course, if one invests the energy and hard work that such an extensive experience as Mock Trials entails. But, you may ask, what exactly is Mock Trials? What have I registered for and why is reading this book important?

Mock Trials is a national cooperation among hundreds of colleges and universities to introduce and involve students in understanding basic trial and courtroom procedure. For the purposes of this book, Mock Trials can best be understood as two distinct sections that build upon each other. The first is the classroom study, taking the majority of the student’s time, which introduces the students to the ideals of Mock Trials, our legal system, and basic courtroom procedure. The second is Regional and National tournaments that provide an outlet to showcase, study, and refine the work done in the classroom. This is the “Mock Trial,” and can best be understood from the history and purpose under which it was formed.
The American Mock Trial Association (AMTA) is the founding and organizing body for Mock Trials throughout the United States and provides Regional and National Mock Trial tournaments each year. The program originated with Richard M. Calkins in 1984 while he was the Dean of Drake University Law School. The purpose of the program was to give undergraduate students an opportunity to learn first hand about the many aspects of the judicial system, by actually being apart of it in a “Mock Trial.” During the school semester, students are taught by an Educator Coach and an Attorney Coach (though there are alternatives to this pairing and the role of each at any given school).

The Coaches outline the work of Trial Attorneys in preparation of case material, the role of a Witnesses testimony, and the operation of a trial in a court of law. In addition, the introduction of evidence, the presentation of multiple legal arguments, and the interaction with impartial and genuine Judges at competition, helps the students flesh out the oftentimes cold and mechanical appearance of justice in our country. The competition itself, the Mock Trial, is actually the culmination of the work the students have undertaken during the year in their coursework.

The hopes are that, by creating a unique and personal involvement with the case, critical thinking skills will be developed and the ability to communicate clearly and professionally will be enhanced. Mock Trials seeks to instill these goals in everyone who participates. And it must be stressed that although this course and competition can be seen as an invaluable experience to those who seek a profession within the field of law, it is no less an undertaking for those interested in expanding their abilities to perceive varied viewpoints and the overall workings of our social justice system. All are welcomed to enroll, learn, and compete; and in the past, students with interests as diverse as Nursing, History, Theater, Medicine, Education, Political Science, and Art have found the class fertile grounds for intellectual growth.

This book has been written from the authors own successes and struggles while a member of Avila Colleges Mock Trial Team and under the guidance of Attorney Coach Derek Moorhead. Our goal here is to create this book as a supporting pool of reference that can be balanced with the various AMTA Rules of Court (the Rules of Procedure, Rules of Evidence, and Rules of Professional Conduct and Decorum). It should be noted that nothing in this book is intended to replace, supersede, or otherwise alter AMTA provisions. In all instances, and especially when there is a direct conflict, AMTA Rules are to be viewed as superior to any and all material in this book. This book will help outline the Mock Trial process conceptually, serve as a basis (not a replacement) for in class discussion, and will help the Coaches by providing their students detailed information and personal accounts that may not able to be repeated in the classroom and would otherwise be lost.

In closing, we hope that you open yourself to learning all that Mock Trials has to teach you. Our efforts have only begun in this book and in the coming weeks the class will swell with enthusiasm, nervousness, and genuine maturing. You are now part of an expanding class and competition that began in Des Moines, Iowa in 1984, where during the first tournament twelve teams from eight colleges and universities competed. During the 1998 season, over two hundred and sixty five teams participated from colleges and universities all over the nation, showing those entering Mock Trials that thousands of individuals have found ample space to stand and ask, “May it please the Court?”

CHAPTER 2: WHAT WE WILL BE DOING
In Mock Trials, students actually prepare and present both sides of a case at a Regional or National competition, based on their work during a semester class. The case (discussed further in the next Chapter) contains all the information needed to have the trial, and no additional material is required or allowed. The case is distributed each year from the AMTA and is standardized so all schools have identical material to work from. During the classroom time, we will sift through the case, creating a Prosecution / Plaintiff case-in-chief as well as a Defense case-in-chief, both of which will be presented at the tournament. This Chapter is designed to give you a broad conceptualization of how Mock Trials operates.

In competition, there are four rounds, usually split between two days. During each round two teams are paired to try the case against each other. The side you represent changes every round so you may be a murder defendant or attorney one round, then prosecuting the murderer during the next round. This switch of roles helps the student learn to see the case as a whole, and not become preoccupied with one side or the other. Learning both sides of a case also encourages and open mind, objectivity, and fairness.

Tournaments are judged by real Attorneys and Judges from the area. They are not aware of the case before hearing it from you during the course of the trial; and do not know the Law, Evidence, Affidavits, or any other material you will become familiar with. An interesting aspect of Mock Trials is that all the Judges have to work with, to base their rulings and understanding of the case on, comes from the students. This leaves a great deal of the trials feel and outcome in your hands.

Each round is scored by two Judges and it is these scores that determine rankings for the next round of competition as well as awards and team placement trophies. However, in the preamble to the AMTA Midlands Rules of Court, it stresses that “The purpose of mock trial is to educate the youth of America about our legal system, our jurisprudence, and the work of attorneys. To that end the educational function in all of our activities is primary, and any competitive aspect of mock trial is secondary. The ideals of fairness, civility, and justice should guide our actions.”

Each school that participates is represented by at least one team, though more may compete from any given college or university. In trial, a team will have three Attorneys and three Witnesses. A Timekeeper is also provided from each team to keep the trial within a three hour time limit. Of the three Attorneys, one will give a opening statement, all three will have a direct examination, all three will have a cross examination, and one will give the closing statement. The opening statement and closing statement cannot be given by the same attorney.

The three Witnesses will be called when their team is presenting its case-in-chief. They will first have their direct examination and then will be cross examined by the opposing team. Each attorney may do only one direct and one cross examination. The purpose in limiting the work of each attorney and witness is to assure that all members on the team participate in the trial and have a definable role that may be judged and scored.

At the conclusion of each round of competition, the ballets are returned to the AMTA representatives while the Judges offer additional verbal critiques of each teams performance. Additionally, Judges will oftentimes give a verdict, though this ruling has no impact on the teams scoring. During the next round of competition, each team switches the side they are representing, also allowing the witness and attorney roles to change. The Coaches will generally determine who plays each role based on in-class work and each students aptitude.

At the conclusion of the Regional competition, the top ranking teams are invited either to a Silver or Gold competition that represents the National level of Mock Trials. The format for the trial, competition, and scoring remains the same although new case material is oftentimes provided to offer fresh witnesses or evidence for the teams to incorporate into their existing case-in-chief. This leaves the time between the Regional and National tournaments to be used for further refinement of the case and each teams presentation.

At the National competition, a Jury may sometimes be present to offer an additional point of realism for the teams competition. The Jury is made up of students who participate in Mock Trials at the High School level. Their presence adds the aspect of arguing the case to a Jury who will then render a verdict at the close of the trial (though again, with no bearing on the scoring). This also educates the High School students on what they can expect at the next level of Mock Trial competition.

The rooms that the trials take place in are not usually designed with a courtroom layout. At the Regional competition, regular classrooms are often used and the student desks rearranged to provide the necessary seating. At the National Competition, which is often at a Law School, there may be a courtroom available but students should expect that they will be responsible to arrange whatever seats are there to represent a court. The Judges are seated with a table at the front and center of the room, facing the two teams. The teams are placed on either side of the Judges bench, divided by a walking space between them which offers standing room for the Attorneys to give the opening statements, direct and cross examinations, and the closing arguments.

CHAPTER 3: THE CASE, A PACKET OF GOODIES
The American Mock Trial Association (AMTA) sends out a packet of case material every year near the beginning of the Fall semester. An identical case is supplied among all of the participants who register to be a part of Mock Trials. This means that everyone receives the same case, at the same time. No one has additional time with the case before it is sent out to the other colleges and universities. Within the case material is a wide range of court documents that relate to a trial that is to take place in the State of Midlands (a fictional state created to insulate Mock Trial participants from normal differences between laws state to state). This chapter will look at what is generally included and its purpose in preparing for and taking part in Mock Trials. Year to year some items will appear consistently while others fall out of use. This chapter will include all of the primary pieces, including those used infrequently to keep the student familiar with the broadest scope of AMTA material.

The case shifts each year between a criminal matter (the state vs. a person or group of people) and a civil (a person vs. person) matter. In Mock Trials, the criminal trial will usually have incarceration as the punishment, while the civil trial will usually have compensation in terms of money for the plaintiff. But from the standpoint of the classroom work, these differences will have a relatively minimal effect on the course of the trial. Upon receiving your case packet, feel free to glance through it and see how your particular case is constructed. You may recognize several sections, while others appear difficult to understand. Please do not become overwhelmed with the sheer bulk of the case. Although in excess of 100 pages, most of the material is not actually used at trial and is more for your learning and preparation. (In some instances, Coach(es) may opt to hand out the case in small increments, spending time to examine each part without the distraction of other pages)

Unlike the recreation of a famous courtroom dramas (The Salem Witch Trials or To Kill A Mockingbird) or the acting out of a case where only a few areas are left open for the students to work on and complete (such as many High School Mock Trials), AMTA offers students a substantially more involved position in all stages of the trial. Students, with the guidance of their Coach(es), outline the case presentation, choose optional witnesses that best support their case, decide what evidence to admit, know what law to argue, create opening and closing statements, and conduct direct and cross examinations to secure testimony to support their case. And all this while trying their best to watchdog opposing council with legal objections! Because so much of the cases direction is chosen by the students, each trial is different from any other as each team offers its own interpretation of the events, evidence, and testimony. This helps to underscore the importance of each role in the courtroom, including the necessity of preparation, team work, and communication.

Contents - Case Specific
The case, as received from the AMTA, will usually contain the following items (all of which will be explored in-depth later in the book):

• A Summary of the case. This will give a factual account of the matter now set to go to trial. The who, what, when, where, why, and how are discussed, including points of dispute, although no conclusions are offered. This page will usually have the witnesses available, both mandatory and optional (discussed further in Chapter 4). A table of contents for the case packet is often included here.
• Indictment or Complaint and Answer. In a criminal matter, the state indicts a person for a crime. In a civil matter, the person bringing about the legal action files a complaint, which outlines their points of the suit. Then the answer is filed by the defendant which goes through each and every point and either denies or admits it.
• Stipulations. These are issues that neither side disputes and so have been agreed, or stipulated to, so the trial can move along.
• Law. Presented as excerpts to help narrow down what you can use as a legal basis for your claims in court.
• Case Law. Other cases that have gone to trial in the State of Midlands. These set precedent for subsequent rulings and as such may have a strong influence on your case if you argue them.
• Deposition. A question and answer format where an Attorney looks to get, on record before the court, all the information a Witness may have concerning the issue about to go to trial. An Affidavit is made from the Deposition.
• Affidavits. These are sworn statements generated from the Deposition of each witness involved in the case. They are typed up as a narrative account of everything they know about the case before trial and are signed by the witnesses. Testimony given under either the direct or cross examination is based on the account given in the Affidavit.
• Evidence. This can and does take many forms. AMTA may provide pictures, diagrams, medical records, signs, police reports, drawings, tables (i.e. mortality or earnings capacity), or printed material such as a Newspaper or company document. All of these may be admitted during trial after a proper legal foundation has been offered.

Contents - AMTA Midlands Rules of Court
Each year AMTA also sends out with the case its revised Rules of Court. Although these are to be the context from which your case is to exist, it should be understood that these are the guiding rules for all cases taking place in the State of Midlands. As to reduce the need for revision, and to avoid discrepancies between the Rules and this book, there will be no extensive copying of the Rules into this book. The copy that came with your specific case is the one to follow and we will refer to it often from these pages to clarify, expand, or otherwise illustrate our point. Do not use the AMTA Midlands Rules of Court from previous years.

• Rules of Procedure. Deals with Pretrial Conferences, Time Limits, Running-Clock and All- Loss Rules, Motions, Limitations of Objections, Visual Aids, Bench Conferences and Side Bars.
• Rules of Evidence. Articles of the following; General Provisions, Judicial Notice, Presumptions, Relevancy, Privilege, Witnesses, Opinions and Expert Testimony, Hearsay, Authentic Evidence, Writings and Photographs.
• Rules of Professional Conduct and Decorum. Articles of the following; Conduct of Participants, Duty of Student Attorneys, Duty of a Witness, Decorum During a Trial, Conduct of Coaches, TimeKeepers, Captains, and Sanctions.
• Rules of Judicial Conduct. Articles of the following; Impartially, Role of the Presiding Judges, and Role of the Scoring Judges.
• Tournament Rules for AMTA competitions. These are included in student packets although much of the information contained in them is relevant to the Coaches and will be discussed with the students if they have questions of if it is necessary.

CHAPTER 4: WADING INTO THE CASE
Where to begin? You have the case and have been to class, hearing all about the many things Mock Trials has to offer you. But now it’s time to start digesting the material so you can be prepared for the next meeting, just as you would do the readings or assignment for another class. But this is Mock Trials. And already the differences between your other classes and this one begin to appear. Maybe you have been asked to read a little from this book but you are responsible for a piece of the case too. Opening it, there may not seem to be a starting place. Page after page is there with little or no connection among them. Certainly not the masterpiece of writing your Economics, History, or Mathematics book represents. But there is much more in the packet than can be taken in through a simple reading.

From an organizational standpoint it is best to divide up the case and put it into a binder separate from all your other school work. In fact, since you will be trying the case from both sides, meaning one round of competition you may be the defense while in the next round you may be the prosecution or plaintiff, it is recommended you have a folder for each side of the case. As you switch folders, it is a mental cue to yourself that your entire standpoint has shifted; from either prosecuting the charges to defending against them, or vice versa. The years have shown us that those who do not do this have a hard time finding the information they need. A notebook with sections can be used to help you visualize the case with the layers of understanding it requires. If you are provided only a certain amount of the case at a time, continue to create a notebook and as each section is given to you make a space for it. With simple labels such as LAW, AFFIDAVITS, and EVIDENCE, whether fielding a question from the Coach or defending your objection at trial, the ability to find the exact writing or document you need is invaluable.

Strategies of Orientation
Remember at all times that it is best to approach the case as a real attorney would. Depersonalize the issues and people involved. This does not mean that you will have no passion for your work, instead it is to help you develop an open mind that allows you to see what is before you. If you begin to agree with one sides view, or are swayed by certain testimony or evidence, your ability to see alternate arguments and viewpoints diminishes. This is especially harmful in the Mock Trials, where you must argue both sides of the case, essentially leaving you to be your own worst enemy.

Begin with the summary of the case. It is intended to give you the bare bones of what has happened to lead to the need for a trial. Unlike the vast majority of real court cases in the United States, a trial must actually take place in the State of Midlands. Although a settlement or plea bargain would be logical in many real life cases, for the competition aspect of Mock Trials the matter can only be resolved in a court. The summary of the case will let you know who is a witness to the dispute. These individuals will either be mandatory, meaning you must call them when you are representing that side, or they are optional, which means they are available for trial and can be called by either side if you think they would help your case.

The Indictment lists what the person is charged with in a criminal case. The state is the Prosecution and represents all of the people, charging those who have committed a crimes against society. If it is a civil case the matter at trial is between two parties, not usually involving the state. The Complaint lists the grounds on which the Plaintiff is suing and by examining it and the answer you will begin to see what issues are still ripe for trial. If a point is admitted then it will not be argued at trial and can be used by either side. But the denied points are those that dominate the trial, as they are the grounds on which the case exists.

The Law and Case Law are directly linked to the Indictment or the Complaint and Answer. The criminal charges or civil suit must be based on a foundation of applicable law. It is not enough to claim a crime or injury, there must be specific Laws that deal with the act and remedies for anyone who breaks them. The Mock Trial forum is like a real trial, by using relevant Law you support your side and show how the evidence, testimony, and facts revealed fit the legal elements. Case Law will often fit general sections of your particular case and establish precedent. This means that a case similar to yours in some respect has already been heard by a court in the State of Midlands. In order to keep trials moving efficiently and to reduce the need to reargue the same points in every single trial, courts will generally follow each others past rulings in similar matters.

Stipulations also fall into this streamlining effort. In any case there are countless points of fact that neither side feels the need to dispute. These are stipulated to before trial so they are passed easily over during the actual trial.

The Affidavits are one of the most important pieces of the case. When a student plays a Witnesses during Mock Trials, they are to memorize the material in their affidavit and answer the questions of the Attorneys based on that information. It is assumed that each Witness was deposed by an attorney before trial, though the Deposition may or may not be included in the case material. In a deposition, many questions are asked regarding everything the witness knows about the issue now going to trial. The purpose it is get the witness to tell a complete and truthful version of their involvement. This is then typed up as a narrative account and signed by the witnesses. Attorneys then know what to expect from the testimony at trial of each witness. Any new testimony not included in the affidavit or that can be reasonably inferred is considered invention of fact (discussed further in Chapter 5). It is here that the students will begin to see what Witness will support each side of the case.

Finally there is the evidence. First off it should be understood that the evidence supplied in the case is not automatically accepted into the trial. You have been provided with all relevant documents and must decide what will be best to support your case. At trial will need to lay foundation for admitting the evidence and be able to support it from the Law. Only material admitted into evidence during the trial will be considered in the verdict.

CHAPTER 5: CRAFTING YOUR CASE
Beyond what is laid out in the AMTA case, is the unique and hard-won interpretation you will add. Mock Trials at the undergraduate level is heavily influenced by the students handling of the case. And it is here much of the work will center. To understand what a trial really involves you have been given the opportunity to build one from the foundation up. This chapter will serve as a blueprint to help you understand the concepts, goals, and practical details of being an Attorney or Witness. In addition, these areas are also the major components of the competition aspect of Mock Trials and include; Opening Statements, Direct Examinations, Cross Examinations, Closing Arguments, Objections, the introduction of Evidence, and Impeachment of a Witness.

Opening Statement
The Opening Statement is your opportunity to tell the Judge and Jury what your case-in- chief will involve. This is your first presentation to the Judge and much of the tone of the trial will be set by what happens here. This is not the time to argue law or debate the testimony or evidence, since none of this material has been entered into the court record. Indeed, your purpose here is to give a broad outline of what you plan to be doing over the next three hours. During the Opening Statements you offer your version of the case, what you believe the trial to come will show in regards to the testimony and evidence.

In preparation of the Opening Statement, the Attorney should incorporate the structure and content of the case-in-chief their team plans to resent. Outlining the witnesses to be called, as well as what you expect them to offer to the record, helps the Judge understand your case.

Direct Examinations The main pillars of your case.

Cross Examinations
Working to discredit the testimony and evidence established during the other teams direct examination. Also

Closing Arguments Objections
One of the most valuable skills in the Mock Trial competition.

Introduction of Evidence
During the Witnesses testimony, lead up to the document you wish to introduce.   This is the beginning of your foundation.

As the Witness goes into the testimony concerning the document, retrieve it from your table. Ask "May I approach Opposing Council?" The Judges will say yes. Take the document to the Opposing Councils table and show it to them (Do not hand it to them).  Say "Let the record reflect I am showing Opposing Council what has been previously marked as Exhibit # ...".  Ask "May I approach the Witness?" The Judges will say yes. Take the document to the Witness and hand it to them. Say "Let the record reflect I have given the Witness what has been previously marked as Exhibit # ...". Return to Court Center.

Ask the Witness broad questions to lay further foundation on the Exhibit. 
"Is it a fair and accurate representation?"
"Who drew / created it?"
"When was it made, the date?"
"Where was it done?"
"Why was it created?"
"Whose signatures, if any, are on it?"

Turn to the Judges and say "I ask what has been previously marked as Exhibit #... be entered into evidence." The Judges will ask if there are any objections from Opposing Council. The Judges will allow both sides to argue over it admissibility. If it is not allowed into evidence, build more foundation or address the objection that kept it out. If it is allowed into evidence, use it now to further the Witnesses testimony.

Have the Witness go into the details of the Exhibit now entered into evidence. Ask them to explain the various sections, aspects, or parts of the Exhibit. Do one at a time. 
"What did they do with the Exhibit?" 
"What is represented by the Exhibit?" 
"How was it used in their investigation, research, or understanding of what they used it for?"

"What conclusions, findings, or relevant matters came from the Exhibit?" 

When finished with the Exhibit have the Witness place it on the Judges bench. Continue with the regular Direct Examination.

Impeachment of a Witness
There are two types of impeachment to use on a Witness. Although this is not a common occurrence, it sometimes is necessary when a witness has either contradicted their Affidavit or has testified to facts not contained in their Affidavit. These are to be considered advanced courtroom techniques that should not be undertaken lightly. You are directly challenging the Witnesses sworn testimony on the stand while the trial is in process. Additionally, students should be aware that the time limits of Mock Trials and the need to focus on other issues means that impeachment should follow a relatively crucial error in the Witnesses testimony.

When dealing with Witnesses who have contradicted their Affidavits, look at the weight and significance of the testimony. If they have changed a point that is nearly irrelevant or hardly noticeable, the attorney might wish to overlook it to use the time for other matters during their Cross Examination. But because of the dense nature of the information included in the Affidavits, almost everything relates to the issue before the court and an experienced attorney should pay close attention to any area of testimony the Witness tries to alter while on the stand. This may signify a flaw or serious problem that is trying to be covered.

When dealing with Witnesses who have testified to facts not contained in their Affidavit, there are a number of things to consider. First is that AMTA allows Witnesses to add information that can be reasonably inferred from the Affidavit to help establish a character for the Witness to play. It is these small personal details that are the hallmark of an able Witness who will present more than just facts to the court. And just as with the contradiction of testimony with the affidavit, the importance of what is testified to should be the guiding factor. Impeachment is a consideration when this new information begins to deviate from any reasonably inferred material in their affidavit and offers damaging testimony to your case.

CHAPTER 6: OH THE PARTS WE’LL PLAY
Although the local and national competition is only a small part of the Mock Trial class in terms of time, it is the main goal and process to teach students about the real world operation of a courtroom. For this reason, the everyday work and atmosphere in the class will resemble as closely as possible the circumstances you will face in competition. Expectations are that all students will learn the parts for a trial and work to make them as realistic as possible in each class. This Chapter will deal with how each individual should behave in the various positions that are maintained in a Mock Trial.

All Team Members

• Every time Judges enter or exit the room, stand. Sit only after they have taken a seat or when they tell you to.
• Remain in character at all times. As soon as the Judges are present you are an Attorney, or a Witness. Judges will expect you to act your part with no exceptions. When not performing, do not become "just another college student in the room." Witnesses are to be their character even when sitting, before or after their actual testimony. Attorneys should be helping Co-counsel, not just waiting for their individual part.
• You are representing Avila University, who also hosts the Regional Tournament. Realize you are looked at more than the other attending schools by the AMTA.
• Offer positive encouragement to your teammates. Feel free to point out success and well done parts. DO NOT EVER fall under the misconception you are in a position to offer negative comments or determinations of who has made mistakes in ANY area of the competition.
• The Coaches, due to their experience and knowledge, are the only ones who will critique the work of any one student.
• Attorneys are not “above” Witnesses, Witnesses are not “more important” than Attorneys, this is a Team and hierarchies are not accepted.
• HAVE FUN, you have certainly worked hard enough to enjoy what you have learned.

Team Captain

• Arrive on time at Captains meeting held before each round, tardiness can result in an all round loss for the entire team. Listen carefully to the AMTA officials, they will have important information.
• Specific details of the case may be changed, or instructions will be given that you are to take back to your teammates.
• Do not discuss strategy or Witness rankings with other teams. Avoid being influenced by what is being talked about by others.
• You represent the Team more than any other one member, your best is required. Know the names (proper spelling) of all team members and the parts they play. You will need this information for the Ballets that you will fill out for the upcoming round.

All Attorneys

• RESPECT- show it towards yourself and those around you. An attitude only looks bad and sets others, including the Judges who score, against you from the very beginning. It is harder to start from a bad impression and work up than to start at zero or a good impression.
• HUMBLENESS- no intimidating or boasting to the opposing side. Objections, verdicts, and comments should be depersonalized. This trial is not about being the best or showing up the opposing side. Remain detached and professional from legal points you are arguing, do not become the argument. You are not a real Attorney, always take the position of a pupil to the law. The Judges, by means of their real life positions, know more law than you. Trying to impress, antagonize, or participate in other "game" playing is ridiculously out of place. Learn from the process.

Witnesses

• While sitting in the Gallery stay in character! Judges look at witnesses even when they are not on the stand. Looking bored or preoccupied ruins the persona you are trying to create. Do not talk with other witnesses. Listen to all aspects of the trial, each round has a different feel and direction. Small, subtle changes can influence your part. You are not just one piece, make sure the overall case we are presenting is supported by all members of the team.
• Never try to help the Attorneys while sitting in the Gallery! This disrupts the entire trial and makes the team look unorganized. 
• While testifying on the stand you are a follower of the courts proceedings. Do not speak unless spoken to. Do not offer any legal opinion. Do not become hostile just because the opposing team is cross examining you. As a Witness, you should not have a personal stake in the outcome of the case, nor care which attorney is asking you questions (unless you are the Plaintiff or Defendant). Follow the Judges directions, it is their courtroom.
• Remain calm, becoming flustered or mad will only result in a deduction of YOUR points. Listen to the questions asked of you, do not offer testimony that is not sought by the question. The best way to help your Attorney is to follow their lead.
• When answering questions, direct your testimony at the Judges. If there is a Jury then primarily look at them, glancing at the Judges occasionally. Speak clearly, slowly, and project your voice so everyone can hear you. Rushing through your testimony accomplishes nothing. Make sure the Judges (and Jury if present) are listening and following what you are saying. During the very important parts of your testimony, pause and slowly speak. The change catches the Judges attention and indicates that what is being said should be carefully listened to.
• Wait for the Judges to dismiss you from the stand.

Time-Keeper

• As a Time-Keeper, you are considered part of the courts personnel. You are to assist the Judges and act in an unbiased manner. Using the time sheets provided to you, keep accurate time of each and every part of the trial. This includes not just your teams times but the opposing team's times as well.
• Do not rely on the other time keeper to watch their side, you do both; expect them to do the same.
• Use pre-marked time cards to show Attorneys how much time is remaining. Do this for both sides, even if their time keeper is doing it too. The redundancy is intended to make sure the time is kept fairly, and not slanted to help one side over the other. The Attorneys must be able to see the cards, they are of no use otherwise.
• If and when time runs out on any part of the trial, you say "Time" to the Judge. A. If there is a discrepancy, the Judge usually splits the difference.
• Carefully read the guidelines provided by the AMTA regarding how to handle the time objections take and other details.
• Remain unobtrusive to the trial.

CHAPTER 7: WELCOME TO COMPETITION
This chapter looks to give you a breakdown of every part of the trial so you know what to expect and what your part will involve at each section. Even though your role might be defined as a Witness or Attorney, Mock Trials is always a team effort and being familiar with all the aspects of the trial will help to you to support your team members. The Regional and National tournaments can be very exciting and rewarding, but they may also be stressful to the team as a whole. By understanding exactly what is going on and your place in it, we can ensure the tournament is a learning environment and not a battleground.

Captains meeting

• Captains from each team and officials from the American Mock Trial Association (AMTA) meet before each round. Team pairings for the upcoming round are given. (Also determines who will be Plaintiff / Prosecution and who will be Defense.) Find out room where trial is to be held.
• Meet with Opposing Councils team Captain and select witnesses. Do not show our rankings of which witnesses we want to anyone outside of our team. Indicate gender of witnesses, ours and theirs.
• Fill out Ballets that the Judges will use to score both teams. These will outline the witnesses called, their order, and all the names of both teams members.

Immediately Before Trial

• Arrange the room as a Courtroom. One table with at least three chairs for Judges in the front of the room. One seat for the witness to the side of the Judges bench. If there is a Jury, position the witness chair between them and the Judges. 
• Two tables face the Judges bench. One for Plaintiff / Prosecution and one for Defense, three seats at each. Plaintiff / Prosecution sits to the ... of the bench and Defense sits on the...  The area between these two tables is where the Attorneys stand. (referred here on as Center Court).
• The Gallery, where witnesses and spectators sit, should be to the back of the room. Attorney seats should be separated from the Gallery.
• Two seats for the Time Keepers from each side should be put off to one side. Make sure they can be seen by both Plaintiff / Prosecution and Defense.
• Podiums may sometimes be available. Do not use them, you should be freely moving around the room. If Opposing Council wants them, agree but stand in front of them for your part.
• Clear up any last minute items with the Opposing Council's team Captain and wait for Judges to arrive.
• Put the Ballets on the table for the Judges.

Pretrial Conference

• After the Judges have entered, say "At this time your Honor, we would request a Pretrial Conference." Meet at the Judges bench with Opposing Council's team Captain. Introduce yourself and say what side you are representing.
• The competition has begun! Your presentation here will set the tone of how they score you.
• Show the Judges any Exhibits you wish to use in the trial. A. You are not admitting them into evidence at this time. Mark them for identification (if not already marked). If the same Exhibit is to be used by both sides, only one copy is needed. Offer to share your with the other side.
• Show any demonstrative exhibits you plan to use (copies or enlargements of existing Exhibits). Opposing Council must also notify the Judges if they plan to use any. No changes or alterations should have been made to Exhibits. The only Exhibits allowed are the ones included in the case materials.
• No other materials are to be presented or given to the Judges at this time.
• Return to your table, wait for Judges to adjust themselves and finish any writing on the Ballets. 
• Wait for the Judges to start the trial.

Trial- Part 1
Opening Statements- 

• The Judges will ask if both sides are ready to proceed. The team Captains from each side will stand and say "Yes your Honor." The Judges will then ask if the Plaintiff / Prosecution has an Opening Statement. The team Captain will stand and say "Yes your Honor." The Attorney who is to give the Opening Statement will move to Center Court.
• Say "May it please the Court?" Some Judges will say "Proceed," others will nod or give some sort of indication they are ready. This is not a rhetorical question. If the Judges are writing or talking to one another, wait for them to finish and the go-ahead to proceed.
• Introduce yourself to the Court and Opposing Council (and the Jury, if present). Give names of Co-counsel and who you are representing, then begin the Opening Statement.
• When finished, say "Thank you, your honor" and sit down.
• The procedure repeats for the Defense.

Plaintiff / Prosecution Case in Chief-

• The Judges will ask the Plaintiff / Prosecution to call their first Witness. The team Captain will stand and say "Your honor, the Plaintiff / Prosecution calls its first Witness, ..."
• The Witness called will come from their seat in the Gallery and take the stand. Some Judges will swear the Witness in, others will not.
• The Attorney doing the Direct Examination moves to Center Court. Say "May it Please the Court?" Wait for a response and begin.
• After the Direct Examination, say "No further questions at this time." Sit down. The Judges will ask if the Defense wishes to Cross Examine.
• The Attorney who is to do the Cross Examination stands and says "Yes you Honor" then moves to Center Court.
• After the Cross Examination, say "No further questions at this time." Sit down. The Judges will ask if the Plaintiff / Prosecution has a rebuttal / re-direct.
• Generally, a rebuttal is used to rebuild any damage done during the Cross Examination or to clarify anything left skewed or misrepresented on the Cross Examination. A rebuttal is limited to the scope, to the information brought out, during the Cross Examination.
• The Judges will then ask if the Defense wishes to re-cross. A re-cross is highly discouraged unless it is absolutely necessary.
• On re-directs and re-crosses, do not ask the Judges "May it please the Court?"
• Repeat for Witnesses two and three.
• After the last Plaintiff / Prosecution Witness has finished, the team Captain stands and says "The Plaintiff / Prosecution rests your Honor."
• If the Judge does not offer one, the team Captain should stand and say "At this time your Honor, we would like to request a short recess."

The Mid-Trial Break

• Do not talk to Coaches or anyone else, especially the other team.
• ABSOLUTELY no critique of any performance will be tolerated. This accomplishes little good and usually serves to undermine the remaining confidence the one under attack has and will need in the second part of the trial.
• Return to the courtroom early and wait for the Judges to indicate they are ready to proceed.

Trial- Part 2
Defense Case in Chief-

• The Judges will ask the Defense to call their first Witness. The team Captain will stand and say "Your honor, the Defense calls its first Witness, ..."
• The Witness called will come from their seat in the Gallery and take the stand. 1. Some Judges will swear the Witness in, others will not.
• The Attorney doing the Direct Examination moves to Center Court. 1. Say "May it Please the Court?" Wait for a response and begin.
• After the Direct Examination, say "No further questions at this time." Sit down. E. The Judges will ask if the Plaintiff / Prosecution wishes to Cross Examine.
• The Attorney who is to do the Cross Examination stands and says "Yes you Honor" then moves to Center Court.
• After the Cross Examination, say "No further questions at this time." Sit down. The Judges will ask if the Defense have a re-direct.
• Generally, a rebuttal is used to rebuild any damage done during the Cross Examination or to clarify anything left skewed or misrepresented on the Cross Examination. A rebuttal is limited to the scope, to the information brought out, during the Cross Examination.
• The Judges will then ask if the Plaintiff / Prosecution wishes to re-cross. A re-cross is highly discouraged unless it is absolutely necessary.
• On re-directs and re-crosses, do not ask the Judges "May it please the Court?"
• Repeat for Witnesses two and three.
• After the last Defense Witness has finished, the team Captain stands and says "The Defense rests your Honor."
• If the Judge does not offer one, the team Captain should stand and say "At this time your Honor, we would like to request a short recess."

The Conclusion of the Case-in-Chief Break

• Do not talk with Coaches or anyone else, especially the opposing team.
• Do not offer suggestions, points, or new theories to the Attorney who is to give the Closing Statement. The substance of what they will argue has been decided in advance, new input will only serve to hurt their concentration.
• This time is needed by them to collect their thoughts and prepare, leave them alone. Again, ABSOLUTELY no critique of any performance will be tolerated.
• Return to the courtroom early and wait for the Judges to indicate they are ready to proceed.

Closing Arguments
Closing Statement-

• The Judges will ask if both sides are ready to proceed.
• The team Captains from each side will stand and say "Yes your Honor." The Judges will then ask if the Plaintiff / Prosecution has a Closing Statement. The team Captain will stand and say "Yes your Honor."
• The Attorney who is to give the Closing Statement will move to Center Court. Say "May it please the Court?"
• Before beginning, say "Your Honor, I ask that any remaining time be saved for rebuttal." Make sure the Judges hear you and agree. If this is not done, any extra time left over will be wasted.
• Say "Your Honors, opposing council, members of the Jury (if one is present)..." and begin the Closing Statement. Saying the titles of all present in the room acknowledges them. Look at each person or group as you say their title.
• When finished, say "Thank you, your honor."
• After the Closing Statement, say "Your honor, may I ask how much time I have remaining?" The Judges will ask the Time-Keepers, and will tell you. The Attorney should never ask the Time-Keepers directly.
• The Defenses Closing Statement follows the same format, though the Defense does not have the right to request any remaining time be saved for a rebuttal.
• After the Defense finishes, the Plaintiff /Prosecution remaining time may be used for rebuttal.
• Another break may be asked for so Judges can finish scoring the Ballets. If running low on time or the Judges are done with the scores, a break may not be allowed.
• The ballets are turned in to an AMTA official who will be around to all the Courtrooms. J. The Trial is now over.

After Trial

• If there has been a Jury, they would be excused to go to another room to deliberate. They come back and give their verdict, usually after the Ballets have been turned in so their decision will not influence the Judges.
• The verdict of the Jury and any comments mean nothing to your scoring, it serves more to tell you what an uninvolved participant thought of your case. Do not take the Jury too seriously, they are usually High School students who do not understand much of what you are arguing.
• The Judges will then give their critique. Listen to what they have to say. 
• If there has not been a Jury, the Judges may offer their verdict. The verdicts are in no way an indication of who has won the round. The verdict can go for one side while the other side scores more points, winning the round. 
• Thank the Judges and opposing council.
• Do not argue with anyone over perceived errors in Judging or technique.