Guides
The opening statement is the attorney's chance to introduce their case theory to the court.
The attorney for the prosection will introduce the charges brought
against the defense, and describe the function of each of their
witnesses and also include applicable case law which helps their case.
The defense will describe their case theory, describe the function of each of their witnesses, include applicable case law which helps their case, and also emphasize the burden of proof that the prosecution needs to meet.
Tips:
-Don't be argurmentative. Lay out your case in a matter of fact way
-Don't try to predict what the other side will say/what witnesses they will call
-Speak clearly, and slowly
-Move only to emphasize your points. Don't fidget or move excessively.
In a mock trial when a witness is called to the stand they testify by answering questions in two rounds, or examinations.
First
is the direct examination: This is when a witness is asked questions by
their own counsel (in Mock Trial, their teammate). Direct examination
is a series of open ended questions where the witness gets to tell
their own story.
Examples: Attorney: Could you describe the vehicle?
Witness:
Well, the vehicle he was driving was pretty old, it made a squeeking
noise when you accelerate. It's a blue Ford Taurus,
from 1992. We bought it in 1999 though, so it
had a good deal of rust and the power locks didn't work anymore.
Second
is the Cross Examination: The witness remains on the stand from the
direct, but now the opposing counsel (or opposing team's attorney) has
a chance to question the witness. The purpose of the cross is to
challenge the witness's credibility. What this means is that you want
to poke holes in the witness's testimony, or make them look like they
are not believable. To do this, you ask leading questions (yes or no).
On direct, the witness tells the story, on cross, you (the attorney)
tell the story.
Examples: Attorney: The car was blue, correct?
Witness: yes
Attorney: Isn't it true that the car sometimes made high pitched, or squeeking, noises?
Witness: yes, sometimes it did
Tips to preparing your cross:
-Only ask questions that you know the answer to! (you want a "yes" everytime)
-Keep questions short and concise