Mock Trials
A mock trial is the process by which a trial is simulated to appear like a real trial, but there is no real judge or ruling. A mock trial is a place to practice for attorneys before a real trial. The lawyers in a mock trial can test our various legal theories they have about an upcoming case and the rules of court are typically shortened so that the focus of the practice trial can be on specific parts of the case.
Law school students will normally spend many hours working through mock trials as a way to practice their new skills and challenge other students and themselves. There are mock trial organizations that concentrate on high school students, college students, and law students. Competitions are held between members of such organizations and some of them are national mock trial contests.
Mock trials provide for students to learn effective legal strategies for winning in court through practicing all elements of court trials, from selecting witnesses to providing closing arguments. For more information about mock trials, check out bradshawtrialconsulting.com.
In a mock trial, a pretend judge enters the pretend courtroom and gives instructions to the jury members about the case. The mock trial progresses in the same fashion as a real trial, where the mock prosecution gives their opening statement and then the mock defense side gives theirs. After opening statements, the prosecuting attorney begins calling witnesses. The defense attorneys are given an opportunity to cross-examine the prosecution's witnesses and then the prosecution can re-cross their witnesses if necessary.
When the prosecution rests, the defense is given an opportunity to put on their side of the case. The defense attorneys call their witnesses and examine them. The prosecution is then able to cross-examine and the defense can re-cross if necessary. After both sides have put on their cases, each side has a chance to make closing arguments. Closing arguments in a mock trial are the same as a real trial where the prosecution and defense attorneys have one last chance to argue their case. The prosecution puts forth their closing arguments first, and then the defense gives their closing arguments. If the prosecution wants to, they can give a rebuttal to the defense's closing arguments.
In a mock trial, after closing arguments are completed, the scoring phase begins. While there are several variations for judging a mock trial, the overall goal is not to necessarily win the case in the traditional sense of a win. The scorers in a mock trial are scoring the prosecution and defense teams in regard to how they made it through each stage of the trial. Each member's performance in the opening statements, examination and cross-examination of witnesses, and closing arguments are evaluated. The team with the highest score wins in most cases, or occasionally may still win based upon the presiding judge's verdict.
Many mock trial associations and organizations sponsor competitions from high school to law school levels with the purpose of encouraging critical thinking processes as well as practicing public speaking skills. The development of understanding of legal procedures of legal students in complex cases is another guiding principle of such groups.