Law students would profit from mock trials to understand the mechanics of trial advocacy.

1. MOCK TRIALS
FOR
STUDENTS

2. Presentation
by
Maj. Gen. Nilendra Kumar
Director
Amity Law School, Noida

4. What is a mock trial?

5. Mock Trial
A mock trial is an act or imitation
trial. It is a simulated exercise to
train potential lawyers, judges or
court officials.

6. Mock trials are a prominent mode
of clinical legal education.

7. How does it?
Differ from a Moot
Moot Court is appellate advocacy
whereas mock trial is practice of
trial advocacy.

8. Object of a Mock Trial
Practical training in trial court
advocacy.

9. It imparts practical training in
advocacy and court craft

10. Types of mock trial

11. Basic Forms
1.
2.
3.
4.
Criminal
Civil
Tribunal
Arbitration

13. Mock trial practice can be later
expanded to cover
Conciliation
2. Mediation
3. Taxation
1.

14. How to plan for a mock trial?

15. It could be held singly by a group
of law students or as a competing
event between two such teams.

16. Work out a plot or the problem

17. Keep the problem simple and
capable of being presented
within maximum two hours.

19. Illustration of Type of Plots
Simple theft
2. Altercation and use of force
3. Eve teasing incident
4. Landlord tenant dispute
1.

20. 5. Breach of contract
6. Cheque bouncing case
7. Use of unfair means in exams
(inquiry)

21. Eligibility
Preferably the teams should
consist of members who have
studied the law of evidence.

22. Frame rules for participation and
Assessment.

23. Allocate time for
Opening address
b) Examination in Chief
c) Cross-examination
d) Re-examination
e) Final address
a)

24. Limit the total time to not more
than
150 minutes to retain the attention
of judges, participants and
spectators.

25. Each team not to have six to
seven participants.

26. Breakdown
Advocate
2. Witnesses
3. Accused or party
4. Spare
1.
1
-
3
1
1

27. Maximum number of material or
documentary exhibits to be limited.

28. Judges to be chosen from
amongst
those with experience in litigation
at
trial stage.

29. Assessment and
Evaluation Criteria




Opening statement
Questions
Submissions
Clarity of language

30. 




Pronounciation
Legal sustenance
Brevity of question
Poise and body language
Court decorum and courtesy

32. Witnesses are not allowed to
refer
to any notes while giving their
testimony.

33. Witness should be excluded from
the court room while other evidence
is being taken.

34. Arrange the presence of a
commentator to give relevant
comments or explanation as and
when needed.

35. PROCEDURE

36. Students be trained how to
produce
a document or material exhibit.

37. How the documents are identified?

38. Oath/affirmation to be
administered
to a witness.

39. Advocates may give a brief outline
of their case before
commencement
of witnesses evidence. This would
be their version of the case.

40. At the end of the evidence, they
may give a small submission.

41. Questions should be brief, simple
and direct.

42. A question be asked with a definite
purpose.

43. Prepare a check sheet to monitor
If evidence has been led on all
essential ingradients.

44. Type of Questions
1.
2.
3.
4.
5.
6.
Leading
Successfully objected
Irrelevant
Inadmissible
Repetition
Exceed time limit

45. Suggestion
Not more than three witnesses
2. Keep scope for one witness to
turn hostile
3. Keep scope for innovation
1.

46. Restrict
Rival versions not allowed to
contradict or oppose the
narrative.
2. Number of witnesses not to
exceed what is permissible.
3. Time limit allowed to be
adhered.
1.

47. Each team be allowed to
innovate
or assume facts as long as these
do not contradict or violate given
narratives.

48. Scope
Introduce different types of
witnesses
Expert witness
2. Child testimony
3. Deaf and dumb witness
1.

49. 5. Hostile witness
6. Expert
7. Formal witness

50. Objection
State the ground for, based on


Relevance
Admissibility

51. Negative marks be awarded for
irrelevant, leading or
inadmissible
questions.
Also if a question is repeated.

52. Practice law relating to
admissibility
of confession.

53. Procedure for a witness to refresh
his memory.

54. Do’s
Give list of witnesses.
2. Allow
time for reply to be
recorded by the stenographer.
3. State ground for objection.
1.

55. 1.
2.
3.
Object before the reply is given.
Ask formal and preliminary
questions from a witness to
know who he is and what is his
occupation.
Identify the accused.

56. While announcing results of the
event, a detailed summing up by
the faculty or the Chief Judge is
desirable to highlight faults and
mistakes noted.

57. CONCLUSION
Going to trial with a lawyer who
considers yours whole life style a
crime in progress is not a happy
prospect.
Hunter S Thompson