Dirnberger - Mock Trial
April 20: GREAT START yesterday on the trial! I can't wait to see how it finishes! Please ask your parents if they are available again even though it will be difficult for them to remember, it is good to have an audience. PLEASE be there BY 2 so we can finish before 2:30. You are also required to read the next case. I expect everyone to have read it. The lawyers for each side must have decided which witnesses they will have for direct and cross and who will be doing closing and opening statements. If you did not do an opening or closing on your first trial then you MUST do one for this trial. Be prepared to tell me at the start of class. Keep up the good work and remember that the more prepared everyone is the more fun it is! :-)
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Jan. 26: I am proud of you! This is a difficult task, but I know that you are all up for the challenge! Some of you have done a FANTASTIC Job of preparing for the case and that will show at the trial! The good news is that those of you who have to catch up a little have 2 weeks to do that! It is SO important to the success of the trial to not only have prepared attorneys, but to also have prepared witnesses. You will not have your script with you on the witness stand, however it can be used by the attorneys if you testify falsely. Attorneys, I hope you took good notes about how to admit evidence and that you have decided which of your witnesses will be used to introduce any evidence that you want considered by the jury. Attorneys may have their notes and questions with them at the podium so it is perfectly fine to have notecards with different objections and what you say to admit evidence etc. I highly recommend that, actually! If you are delivering an Opening or Closing you may also have your statement with you, but I would suggest that you have that memorized for the most part so you can practice the public speaking tools that we discussed - eye contact, varied tone of voice, relaxed and confident posture etc.
I will send out an email with some "notes" and reminders of information I gave you in class. I can't stress enough that everyone should be taking notes when I give information and I am not seeing that. I purposely did not give hand-outs as note taking is an important skill that you need to practice. I do know of a few isolated situations where that is not possible and I understand so that is not meant for you. I do know, though, that I leave the information on the whiteboard long enough that most of you should have time to get the information. Please let me know if that is still an issue for you.
Remember - contact your co-counsels, contact your witnesses and PREPARE! My phone number is 224-587-4590 so please call me with questions!
Good Luck!
Mrs. D
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Jan. 14: Hi future jurists! No, that does not mean that you will be on a jury! Look it up :-) I hope that all of you have read, studied and thought about your case!! Witnesses, you should have your parts memorized by now, or most of it! You will need to be prepared for class on Tuesday so please put time into memorizing if you need to.
Lawyers, you must each prepare one direct exam, one cross exam for a witness. You will also prepare either a closing or opening statement. I know there are 3 lawyers per side, but I want all of you to prepare either an opening or closing. You do not have to have that for class on Tuesday, but you should have thought through your case well enough to start an outline or bullet points for the statement. You should also be in touch with one another by now to talk about the case and your strategy. Each side has a weak witness and it will be up to you to decide how to minimize damage. Remember, you cannot bring up anything on Cross that was not brought out on Direct.
Reminder, everyone should have a notebook and folder for class every week for notes and copies given out in class.
Looking forward to seeing you on Tuesday!
Mrs. D
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Dec. 10: Great job on preparing your cases so far! Don't worry about Closing arguments! As we discussed, it is your chance to tell the jury what they are supposed to do with the information that you gave them. You want to tell them that not only did X do this, but because X did that, he showed forethought in his actions and should be convicted. The jury will hear fom the judge what law they should apply, but YOU know the elements that have to be proven/disproven so make sure you use the language from the law!!! We will spend more time on this after break, just HAVE FUN! Remember, you are trying to persuade the jury that your view of the case is the right one!
Please get to class on time and ready to roll! We will start the case AT 2:00 if not sooner. If you have a class prior to MT then please excuse yourself at 1:50 so you can be ready. Classes are over at 1:50 so it should not be a problem.
Remember to get in touch with each other to help and support your teammates! Encouragement goes a long way :-)
Stay warm!
Mrs. D
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Dec. 3: Reminder...Attorneys: Have your Opening Statements complete and WITH YOU for next class. Have a list of Direct Examination and Cross Examination questions WITH YOU for next class. Witnesses: Have a list of direct examination questions for your character and also some suggested questions for cross examination. I know we talked about doing a Jury selection, but I have just learned that Tuesday is the "sale day" at GIFT and I think that you all need to focus on preparing for the case and not worry about jury selection questions. We can try to fit that in for the next trial.
I'm proud of you all! I know this isn't easy, but it is a lot of fun! The more time and effort you put in the more fun it will be! :-) I will be attending a retreat until Monday night so I will not be available until then to answer any emails or questions.
Have a great weekend!
Mrs. D
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NOV. 10: Reminder: Attorneys need to prepare an Opening Statement for the case; Witnesses need to draft Direct Examination Questions for their witness as if you were the attorney. Good Luck! Talk to each other and HAVE FUN! Email or call if you need to!
Mrs. D
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OCT. 21: GREAT JOB to those of you who were able to get your Opening Statements in! I changed my mind about giving you another case, though. I think everyone would benefit from having to re-do the opening statement from this case. I know this is tougher in a lot of ways, but you will get more benefit from taking the constructive inormation you got in class and polishing up your first attempts. You need to realize that even for seasoned attorneys, this is not an easy task! I am very proud of you all! Let's make this next attempt even better! I know that you all can do a great job improving your statement IF you put the time and energy into it that I know you are all capable of! :-) I am also looking forward to hearing the rest of the class's statements, you have the added benefit of hearing those students who went first :-)
A couple of things to remember: Tell the jury WHAT you are going to prove to them; Don't be afraid to characterize and paint McDonalds as the "bad guy"; Eye Contact and make a connection with your jury; TELL the jury how you want them to "rule"; and be confident that you know your client is right and deserving of the jury's sympathy.
Have Fun!
Mrs. D
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Oct.13: We covered a lot of ground last week and I am excited to see what you all can do with an opening statement! This is an important part of the trial because it is your first opportunity to tell the Jury YOUR side of the story. The "McDonald's" (Liebeck v. McDonald's) case came up in class a couple of weeks ago. I want all of you to read the facts of that case at www.lectlaw.com/files/cur78.htm and come up with an opening statement that is no longer than 4 minutes. You represent the Plaintiff (like the prosecution in a criminal trial). You may(and should) read about it at other sites, but this will get you started. Don't just reiterate the facts, make the jury feel for your client, remember, McDonald's is big and powerful with high paid attorneys on their side! The elements of the case that you are trying to prove are that the Defendant "wantonly and willfully" put their customers at risk and were therefore negligent in their responsibility to their customers. Also, remember that your witnesses have not yet testified, but you can tell the jury that you will show them..... This site gives you a lot of the relevant testimony that you might want to let the jury know about. Good Luck and Have Fun!!! Call or email with any questions!
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Oct. 6:Hi! I hope everyone has had a great week! As we talked about in class, please try to watch the movie "Twelve Angry Men". It is a classic about a jury deliberation starring Henry Fonda.
Next I would like everyone to watch part of a video that was put tgether by the New York State Bar Association, the professionl association for lawyers. You are only required to watch the opening statements portion, but feel free to watch as much as you'd like. The site is www.nysba.org. Once you get there click on "For the Community" then click on "Mock Trial 101 Program." Choose either high speed or dial up and watch through the opening statements.
This will help you to begin getting a feel for what it is all about. Last year some people had trouble with this video so please let me know if it is difficult for you to see. I had no trouble even on my laptop so hopefully it will work for you.
Finally, answer the following 2 part question and be prepared to discuss it in class: If our justice system, especially our criminal system, centers around the premise that we are innocent until proven guilty, what would be an important concept to convey to the jury in your opening statement as a prosecutor and then as a defense attorney?
I can't wait to see you all next week! Have fun!