ECO 3620. Environmental Economics

Last Update: 10/27/2004

Instructor: John Whitehead
e-mail: whiteheadjc@appstate.edu

Mock Trial Procedure

Participants

Opening of Trial

Bailiff: "Please rise. The Court of "course prefix and number" is now in session. The Honorable John Whitehead presiding."

Everyone remains standing until the Judge is seated.

Judge: "Ms./Mr. ______ (Bailiff's name), what is today's case?"
Bailiff: "Your Honor, today's case is ______."
Judge: "Is the plaintiff ready? Is the defense ready?"
Attorneys: "Yes, your Honor." (Always say "your Honor" when speaking to the judge.)

Trial Procedure

Opening Statement:

The plaintiff attorney introduces himself or herself and states what their side hopes to prove. Begin with "Your Honor, members of the jury," then state what the facts on your side will show and ask for a specific amount of damages be awarded to your side. This should take less than 5 minutes.
The defense attorney then says, "Your honor, members of the jury," introduces himself or herself and explains the evidence on his or her side that will deny what the other side is attempting to prove. Suggest a specific amount of damages be paid by your side. This should take less than 5 minutes.

Plaintiff's Case:

Direct Examination: Plaintiff attorney calls its witnesses to the stand and asks clear and simple questions that allows the witness to explain his or her research. This should take less than 20 minutes.

Defense's Case:

Direct Examination: Defense attorney calls its witnesses to the stand and asks clear and simple questions that allows the witness to explain his or her research. This should take less than 20 minutes.

Rebuttals

The Plaintiff's and Defense's attorneys may call rebuttal witnesses to contradict the other side's testimony. This should take less than 5 minutes for each attorney.

The Oath:

All witnesses are sworn in before they begin answering questions. This is to remind them that they must tell the truth.

Bailiff: "Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?"
Witness: "I do."

Closing Argument:

Each side summarizes the testimony presented during the questioning in a way that will convince the jury to believe their damage estimate.

Attorney: "Your Honor, members of the jury, today your have heard testimony about _____. I would like to remind you of some important information that you should consider in your decision. These facts include _____. Please find for the plaintiff/defense in the amount of _____ in damages."
There will be a short recess (less than 5 minutes) to give the attorneys time to prepare their closing arguments.

Objections:

Any attorney may object to a question or the admission or evidence. The judge will usually ask the person objecting "on what grounds are you objecting?" Then the judge either sustains the objection preventing the evidence from being introduced or overrules the objection allowing the question or evidence to be admitted as evidence. Some common grounds for objections are:

Leading questions - attorneys must allow their witnesses to explain their own research; they must not lead the witness.
Immaterial and irrelevant - The information is not closely related to the case, and is therefore not important.

Jury Deliberation:

Judges instructions: only consider the evidence you have heard today, etc.
After hearing the judge's instructions, the jurors meet outside the classroom to decide for the plaintiff or defendant and then return to the classroom. The jury foreperson gives their written decision to the judge. The Judge then asks the jury foreperson: "Have you reached a verdict?"