Mock Trial QA oral assignment PDF

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Mock Trial Oral Assignment FAQ, can be used to clarify questions for the oral...

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Mock Trial Q&A Q: Can you please explain what are we expected to do when we play the role of back up counsel? A: Back-up counsels are expected to come to the seminar prepared to play the role of counsel in case the actual counsel cannot join the session (due to unexpected medical, technical, or other reasons). You will not receive mark for the quality of your performance, and can use this as an opportunity to practice and benefit from detailed and immediate feedback. If the student who plays counsel shows up as planned and plays their part, the back-up counsel is tasked with listening attentively and providing feedback to the student who plays counsel. You can state the most effective part of the examination, things you would have done differently, and raise any questions concerning the relevant materials. Q: Why there are two witnesses for each witness examination? A: Playing a witness is a unique and useful experience that teaches us how evidence it produced and how people respond to questions from counsels in the courtroom. In order to make sure that each student have an opportunity to play a witness, we change the witness at the end of the examination in chief. Having two witnesses is also important in case that the student who is assigned as a witness cannot show up (due to unexpected medical, technical, or other reasons). The mock trial is a collaborative effort, which is successful (and fun!) if everyone are playing their parts… Q: When and where does the mock trial assessment happen? A: The mock trial assessment occurs during the seminars. For students enrolled in cloud seminars it occurs online, using the cloud seminars link; for students enrolled in campus seminars it occurs on campus (class location is specified on the campus seminars tab). In order to complete the assessment you are required to put your name under three roles (counsel, back-up counsel, and witness) for three separate witness examination sessions using the google role allocation sign-up doc (available in your cloud/campus seminar tab). Q: When do we receive feedback and marks for assessment 1? A: The mock trial assessment provides you with an immediate, detailed, oral feedback. This is a unique opportunity to receive quality individual feedback from experience barristers and legal practitioners. The mark will be released at the end of the trimester, as I always make sure that marks in all of our groups are similar (if some groups have slightly lower marks than others I raise the marks for those groups so that they are comparable to the other groups). Q: Is the mock trial different to cloud students than to campus students? A: The mock trial is the same for everyone, with the exception that cloud groups are delivered online using Bb Collaborate, while campus groups meet face to face. All students are free to choose the delivery more they prefer. Once you decided which delivery mode if preferable to you, you must enroll in a group (using the ToolsGroups tab). When you have your group sorted, you will gain access to the google role allocation sign-up doc (under ContentCloud/Campus seminars). You then put your name under three roles (counsel, back-up counsel and witness) on three separate witness examination sessions.

Q: Am I required to attend seminars in which I am not playing a role? A: While you are only required to join the three sessions you play active roles in, it is highly recommended to join all seven sessions of the mock trial. The first two are designed to give you the tools to succeed in the assessment, and teach you the basic rules of witness examination and court etiquette, as well as providing an opportunity to practice and receive individual feedback. The five sessions in which the mock trial develops are not just an assessment, but also function as seminars, in which time is devoted to practice and explain the evidential issues that are raised through the witnesses. It is an authentic, hands-on opportunity to learn evidence through practice and real problems. For many students, this is a more effective teaching method than listening to (or reading on) theoretical explanations. Q: Is there a dress code for the mock trial? A: Yes. Counsels are expected to dress appropriately (business attire - as formal as your wardrobe can supply…). Judges will also dress for the occasion. Witnesses are encouraged to dress up as appropriate for the witness you play (students tend to have fun dressing up as Trevor Gangland or Johnny Parkbench…). Backup counsels are not required to dress-up. Q: Should all counsels open with an opening statement and close with a closing statement? A: No. Only counsels for witness 1 (Sammy Teller) begin with a very brief opening statement, and counsels for witness 9 (Dolores Davidson) close with a very brief closing statement. The opening/closing statements are not a part of the assessment scheme, and are added in the beginning and end of the trial for authenticity. Q: If I volunteer to play roles in the practice session or additional volunteer roles in the trial, do I get assessed for these roles? A: No. Practice sessions are only for practice! You will benefit from the hands-on practice, and from individual and detailed feedback that will significantly assist you in your oral assessment. If you volunteer (in advance) to play additional roles in the trial, you can choose which is your volunteer role, and which is your assessed role. However, you can only be assessed once, and if you were already assessed, you can’t be assessed again. Q: what is the order of the witness examination? A: At the mock trial, we only have prosecution witnesses. Therefore, the order of all examinations is as follows: 1. 2. 3. 4.

The judge invites the prosecutor to call his or her first witness. The prosecutor should say “I call [name of witness]”. At this stage, the tipstaff would administer the oath or affirmation. Examination-in-chief begins: the prosecutor should ask the witness for his or her name, address, and occupation. The prosecutor can then proceed with the balance of his or her examination in chief. When it is concluded, he or she should say “thank you, I have no further questions” or something similar. Notice, that in the trial of James Swifty, examination in chief must not exceed seven minutes. The judge in his or her discretion may halt or redirect examination.

5. The judge should then invite defence counsel to cross-examine the witness. Defence counsel should proceed to do so and indicate when they have no further questions. Notice, that in the trial of James Swifty, cross-examination must not exceed seven minutes. 6. The judge should then invite the prosecutor to re-examine. The prosecutor should proceed to re-examine (if they wish to do so; it is not necessary). 7. After re-examination, the judge should then excuse the witness.

 Please note that opening addresses will be done before the examination of the first witness and closing addresses will be delivered before the examination of the last witness. The opening and closing addresses are not assessable. Q: Are there time limits and particular expectations with regard to the assessment as counsel? A: Counsels are assessed based on three tasks: (1) Examination-in-chief and cross-examination: Witness examination, whether in chief or cross, must not exceed seven (7) minutes. The judge in his or her discretion may halt or redirect examination. Experience shows, in relation to this exercise, that cross-examination will often take significantly less time than examination-in-chief. Indeed, cross-examiners will often be marked on what they do not ask as much as what they do (i.e. each question must be designed to achieve a purpose, not simply go over evidence-in-chief). This general rule will depend on the nature of the evidence being given by the witness. The seven minute limit is very much a maximum. Each counsel should expect and prepare for objections from their opposition in relation to the manner and form of their questions and the evidence they are seeking to adduce. Argument on objections will not be counted toward the seven minute time limit. (2) Oral submissions in relation to specific objections: Argument in support of, or in response to, issues that are the focus of the trial from week to week must not exceed seven (7) minutes from either counsel, though this time may be extended by the judge. Students should be succinct and to the point. Interruptions from the judge should be expected. Do not read out prepared submissions. The judge will be assessing each student’s understanding of the evidentiary issues, the assigned cases and capacity to respond to the bench and opposing counsel. Specific instructions are contained with the witness statement for each week. Students will be required to demonstrate a clear understanding of the assigned cases. Students should refer to an authorised copy where possible. (i.e. Commonwealth Law Reports etc, rather than AustLII unless unreported). (3) Oral submission in relation to objections generally: Students are not expected to make lengthy oral submission in response to other objections, but must be prepared to demonstrate their knowledge of the unit content up to the point of their appearance. For example, if a student appearing for the prosecution asks a question that is objected to on the basis that it is leading, that student must be in a position to assess whether the question is leading, and then defend it or withdraw it and rephrase the question. Another example might be where counsel for either side asks an improper question (i.e. misleading, harassing, intimidating etc see s 41 Evidence Act 2008 (Vic))....